§ 48G — Alternative dispute resolution

48G.—(1) If the Commission is of the opinion that any complaint by an individual (called in this section the complainant) against an organisation may more appropriately be resolved by mediation, the Commission may, without the consent of the complainant and the organisation, refer the matter to mediation under a dispute resolution scheme.[40/2020]

(2) Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct the complainant or the organisation or both to attempt to resolve the complaint of the complainant in the way directed by the Commission.[40/2020]

(3) For the purposes of subsection (1), the Commission may establish or approve one or more dispute resolution schemes for the resolution of complaints by individuals against organisations.[40/2020]

(4) The Commission may, with the approval of the Minister, make regulations under section 65 to provide for matters relating to the operation by an operator of a dispute resolution scheme, including —(a)

the standards or requirements of the services provided under the dispute resolution scheme;

(b)

the fees that the operator may charge for the services provided under the dispute resolution scheme;

(c)

the records that the operator must keep, and the period of retention of those records;

(d)

the reports that the operator must submit to the Commission, and the manner and time for those submissions;

(e)

matters relating to the administration of the dispute resolution scheme; and

(f)

generally to give effect to or for carrying out the purposes of subsections (1) and (3).[40/2020]

—(1) If the Commission is of the opinion that any complaint by an individual (called in this section the complainant) against an organisation may more appropriately be resolved by mediation, the Commission may, without the consent of the complainant and the organisation, refer the matter to mediation under a dispute resolution scheme.[40/2020]

(2) Subject to subsection (1), the Commission may, with or without the consent of the complainant and the organisation, direct the complainant or the organisation or both to attempt to resolve the complaint of the complainant in the way directed by the Commission.[40/2020]

(3) For the purposes of subsection (1), the Commission may establish or approve one or more dispute resolution schemes for the resolution of complaints by individuals against organisations.[40/2020]

(4) The Commission may, with the approval of the Minister, make regulations under section 65 to provide for matters relating to the operation by an operator of a dispute resolution scheme, including —(a)

the standards or requirements of the services provided under the dispute resolution scheme;

(b)

the fees that the operator may charge for the services provided under the dispute resolution scheme;

(c)

the records that the operator must keep, and the period of retention of those records;

(d)

the reports that the operator must submit to the Commission, and the manner and time for those submissions;

(e)

matters relating to the administration of the dispute resolution scheme; and

(f)

generally to give effect to or for carrying out the purposes of subsections (1) and (3).[40/2020]