11Determination of access disputes—the Act, Sch 2, cl 4(c)

11 Determination of access disputes—the Act, Sch 2, cl 4(c)

11 Determination of access disputes—the Act, Sch 2, cl 4(c)

(1) An arbitrator may, in making an access determination, do the following—

(a) rely on available information,

(b) make reasonable assumptions about a matter for which information is unavailable,

(c) assume, in the absence of evidence to the contrary, the service provider is able to provide the access seeker with the access sought.

(2) An arbitrator must, before making an access determination, give written notice to the parties to the dispute of the following matters—

(a) assumptions the arbitrator proposes to make for the access determination,

(b) each party’s right to make submissions about the assumptions,

(c) the date by which the submissions must be made.

(3) Failure by the arbitrator to comply with subsection (2) does not affect the validity of an access determination.