Part 9Dispute resolution

Part 9—Dispute resolution Division 1—Alternative dispute resolution—general 63—Responsibility of the Commission to arrange for alternative dispute resolution (1) The Commission is responsible for making arrangements to facilitate the resolution of disputes between parties (or former parties) to retail shop leases. (2) A party (or former party) to a retail shop lease may apply to the Commission for alternative dispute resolution for— (a) a dispute arising from, or related to, the lease; or (b) a dispute related to any other matter relevant to the occupation of the premises or to a business conducted at the premises. (3) In carrying out its responsibility under subsection (1), the Commission may determine the form of alternative dispute resolution to be used. (4) Subject to subsection (5), the Commission may refuse to deal with a dispute if— (a) the dispute does not arise from, or relate to, a retail shop lease; or (b) the dispute does not relate to any other matter relevant to the occupation of premises, or to business conducted at the premises, the subject of a retail shop lease; or (c) the dispute is, in the opinion of the Commission, trivial, vexatious or does not arise or has not been made in good faith; or (d) the dispute is unlikely to be resolved through alternative dispute resolution; or (e) the dispute is the subject of proceedings before a court; or (f) there is another government agency or person that the Commission is satisfied is better suited to deal with the dispute. (5) The Commission may not refuse to deal with a dispute referred to the Commission by a court under section 65. (6) The Commission may charge fees and expenses for carrying out its alternative dispute resolution responsibility under subsection (1). 64—Statements made during alternative dispute resolution Evidence of admissions or statements made in the course of alternative dispute resolution under this Part is not admissible in evidence before a court.