Document ID: chunk:federal_register_of_legislation:F2025C00177:clause:1_40
Version: federal_register_of_legislation:F2025C00177
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 33496–35178

40  Procedure for dispute resolution
 (1) The procedure for dispute resolution for horticulture disputes is as set out in this clause.
 (2) The complainant must give notice in writing to the respondent of the dispute and specify that the complainant is using this procedure to resolve the dispute.
 (3) The notice must specify:
 (a) the nature of the dispute; and
 (b) what action the complainant thinks will settle the dispute; and
 (c) what outcome the complainant wants.
 (4) The complainant and the respondent (the parties) must then try to resolve the dispute.
 (5) If the parties cannot resolve the dispute within 3 weeks after the notice being given, either party may request the Ombudsman to appoint a mediator for the dispute.
 (6) The Ombudsman must not appoint a mediator if the Ombudsman is satisfied that the complaint giving rise to the dispute is frivolous, vexatious or has previously been the subject of a mediation under this Part.
 (7) Subject to subclause (8), the mediator must decide:
 (a) how the mediation is to be carried out (for example, by telephone or in meetings); and
 (b) the time and place for the mediation; and
 (c) the day that the mediation commences for the purposes of this Part.
 (8) The mediation must be conducted in Australia.
 (9) A party to the dispute must attend the mediation and try to resolve the dispute.
Civil penalty: 300 penalty units.
 (10) For subclause (9), a party is taken to attend mediation if the party is represented at the mediation by a person who has the authority to enter an agreement to settle the dispute on behalf of the party.
 (11) The complainant may withdraw the dispute at any time.

Division 4—Mediation