Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_37d
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 37D
Character Range: 62416–65090

37D  The independent review
 (1) If the Independent Reviewer decides to conduct the independent review, the Independent Reviewer must notify the supplier, the retailer or wholesaler, and the Code Arbiter in writing.
 (2) If the Independent Reviewer decides to conduct the independent review, the Independent Reviewer must take all reasonable steps to:
 (a) consider the independent review request; and
 (b) complete the review within 20 business days of giving the supplier the notice referred to in subclause (1).
 (3) Without limiting subclause (2), the steps the Independent Reviewer may take include requesting information relating to the original complaint from one or more of the following:
 (a) the Code Arbiter;
 (b) the supplier;
 (c) the retailer or wholesaler.
 (4) A retailer, wholesaler or Code Arbiter who receives a reasonable request from the Independent Reviewer to provide information relating to the original complaint must comply with the request within 10 business days of receiving it.
 (5) The 20 business day period referred to in paragraph (2)(b) (including the period as extended by a previous application of this subclause) is worked out not counting any days on which the Independent Reviewer is waiting to receive information the Independent Reviewer has requested as mentioned in subclause (3).
 (6) Following the consideration, the Independent Reviewer may make one or more recommendations to the Code Arbiter. Unless the supplier has accepted a proposed remedy in relation to the original complaint, the Independent Reviewer may recommend that the Code Arbiter reconsider the original complaint.
 (7) Within 5 business days of completing the review, the Independent Reviewer must give the supplier and the Code Arbiter a notice in writing:
 (a) stating that the independent review is complete; and
 (b) setting out the recommendations (if any) made to the Code Arbiter under subclause (6); and
 (c) setting out the Independent Reviewer's reasons for making those recommendations.
 (8) The Independent Reviewer must give the retailer or wholesaler a copy of the notice. Unless the supplier has expressly consented to their identity being disclosed to the retailer or wholesaler, the Independent Reviewer must first redact from the copy of the notice any information that would disclose the identity of the supplier.
 (9) If the Independent Reviewer becomes aware, in connection with the independent review request, that a breach of this code may have occurred, the Independent Reviewer may give particulars of the breach to the Commission. The Independent Reviewer must give a copy of the particulars to the retailer or wholesaler concerned.