sec.23Commissioner to act on application

### sec.23 Commissioner to act on application As soon as practicable after the application is made, the commissioner must either accept or dismiss the application. The commissioner may dismiss the application if the commissioner considers the application— does not relate to a small business dispute; or is frivolous or vexatious; or has not been made in good faith; or has otherwise not been properly made. For deciding whether or not a dispute is a small business dispute under subsection (2) (a) , the commissioner may, for example, have regard to the following— the number of employees each party employs; the annual turnover of each party to the dispute. If the commissioner decides to dismiss the application, the commissioner must give each party an information notice for the decision. If the commissioner accepts the application, the commissioner must— nominate a mediator to mediate the small business dispute; and give written notice to the parties to the dispute of— the mediator nominated to mediate the dispute; and the time, date and place of the mediation conference to be conducted by the mediator. The date of the mediation conference must be at least 7 days after the notice is given. In this section— information notice , for a decision to dismiss an application for mediation, means a written notice stating— the decision; and the reasons for the decision; and that the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36 ; and how the party may apply for the review. (sec.23-ssec.1) As soon as practicable after the application is made, the commissioner must either accept or dismiss the application. (sec.23-ssec.2) The commissioner may dismiss the application if the commissioner considers the application— does not relate to a small business dispute; or is frivolous or vexatious; or has not been made in good faith; or has otherwise not been properly made. (sec.23-ssec.3) For deciding whether or not a dispute is a small business dispute under subsection (2) (a) , the commissioner may, for example, have regard to the following— the number of employees each party employs; the annual turnover of each party to the dispute. (sec.23-ssec.4) If the commissioner decides to dismiss the application, the commissioner must give each party an information notice for the decision. (sec.23-ssec.5) If the commissioner accepts the application, the commissioner must— nominate a mediator to mediate the small business dispute; and give written notice to the parties to the dispute of— the mediator nominated to mediate the dispute; and the time, date and place of the mediation conference to be conducted by the mediator. (sec.23-ssec.6) The date of the mediation conference must be at least 7 days after the notice is given. (sec.23-ssec.7) In this section— information notice , for a decision to dismiss an application for mediation, means a written notice stating— the decision; and the reasons for the decision; and that the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36 ; and how the party may apply for the review. - (a) does not relate to a small business dispute; or - (b) is frivolous or vexatious; or - (c) has not been made in good faith; or - (d) has otherwise not been properly made. - (a) the number of employees each party employs; - (b) the annual turnover of each party to the dispute. - (a) nominate a mediator to mediate the small business dispute; and - (b) give written notice to the parties to the dispute of— (i) the mediator nominated to mediate the dispute; and (ii) the time, date and place of the mediation conference to be conducted by the mediator. - (i) the mediator nominated to mediate the dispute; and - (ii) the time, date and place of the mediation conference to be conducted by the mediator. - (i) the mediator nominated to mediate the dispute; and - (ii) the time, date and place of the mediation conference to be conducted by the mediator. - (a) the decision; and - (b) the reasons for the decision; and - (c) that the party to whom the notice is given may, within 28 days, have the decision reviewed under section 36 ; and - (d) how the party may apply for the review.