16 |
Dispute Resolution Procedures - Conciliation |
| 16.1 |
If, within the time considered reasonable by the complainant, a dispute is not resolved using the informal dispute resolution
proceedings set out in Section 15.1 (notwithstanding that those procedures may not have been completed) or if the complainant
otherwise determines that the dispute should be resolved by conciliation proceedings, then the following procedures will apply
(as set out in the flow chart comprising Appendix 2):
16.1.1 the complainant shall raise the matter in writing with the other party by way of a Notice of Dispute (a suggested form of which is set out in Appendix 3) setting out the background and issues in dispute, including the grounds on which it believes the Code has been breached and the specific outcomes desired (the Desired Outcomes); 16.1.2 the party complained against shall respond in writing within two (2) business days of receipt of the Notice of Dispute; 16.1.3 the parties shall make every effort to resolve the dispute in good faith and fairly at this level but by no later than four (4) business days from the date upon which the other party received the Notice of Dispute; 16.1.4 if the dispute is not resolved as above then the matter may be referred to the Conciliator by either party; and 16.1.5 the Conciliator shall deal with the matter within seven (7) business days of the matter being referred to him/her or within such other time as the parties and the Conciliator agree. |
| 16.2 |
The Conciliator will use every effort to conciliate a resolution to the dispute referred to him/her under Section 16.1.4.
Failing agreement by the parties to a resolution of the dispute then the Conciliator may make a recommendation. A recommendation
made by the Conciliator will address such matters as the Conciliator considers appropriate in the circumstances including, without limitation:
16.2.1 the Conciliator's opinion as to the nature of the dispute; 16.2.2 the Conciliator's response to the Desired Outcomes set out in the claimant's Notice of Dispute; and 16.2.3 indicative time periods for compliance with specific matters included in the recommendation. |
| 16.3 |
If a recommendation made by the Conciliator under Section 16.2 is not adopted by the parties, the Conciliator will report to the
Code Administration Committee the identity of the disputants, the nature of the dispute, the recommendation (and the basis for
the recommendation) and either the reasons, if any, conveyed in writing to the Conciliator by any party not adopting the
recommendation as to why it is not adopting the recommendation or a statement to the effect that no such reasons have been
conveyed to the Conciliator, and:
16.3.1 this information will be included in the next information bulletin issued by the Committee; and 16.3.2 the Committee will include this information in its annual report; but the Committee will not disclose any confidential information obtained in the conciliation procedure. top |
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Download the Code
Download the Signatory Application/Update Form (MS Word format)