Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 3 - Alternative dispute resolution processes  

SECTION 34A   REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS  

34A(1)  
If an application is made to the Tribunal, the President may direct that the proceeding, or any part of it or matter arising out of the proceeding, be referred to an alternative dispute resolution process.

34A(1A)  


However, in relation to a proceeding in the Social Services and Child Support Division:

(a)  

the President must not give a direction under subsection (1) unless the alternative dispute resolution process is conferencing; and

(b)  the agency party to the proceeding is not required to participate in the conferencing.

34A(2)  
The President may give written directions in relation to persons who are to conduct an alternative dispute resolution process. Any such person must be:

(a)  a member; or

(b)  an officer of the Tribunal; or

(c)  a person engaged under section 34H .

34A(3)  
The parties to a proceeding referred to an alternative dispute resolution process must act in good faith in relation to the conduct of the alternative dispute resolution process.

34A(4)  


However, subsection (3) does not apply to the agency party to a proceeding in the Social Services and Child Support Division if:

(a)  the President gives a direction under subsection (1) that the proceeding, or any part of it or matter arising out of the proceeding, be referred to conferencing; and

(b)  the agency party is not participating in the conferencing.




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