Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_34b
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 34B
Character Range: 47952–49791

34B  Alternative dispute resolution processes—proceeding before the Small Taxation Claims Tribunal

Scope

 (1) This section applies to a proceeding before the Small Taxation Claims Tribunal.

Statement about alternative dispute resolution processes to be given to applicant

 (2) The Registrar, a District Registrar or a Deputy Registrar must give to the applicant:
 (a) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(i) or paragraph 24AC(1)(aa) or (b) applies—when the application is made; or
 (b) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(ii) applies—when the notification referred to in that subparagraph is given;
a statement setting out the procedures to be followed by the Tribunal and the alternative dispute resolution processes that are available under this Act.

Referral of matter for alternative dispute resolution process

 (3) If the Tribunal considers at any time that it may assist in the resolution of the dispute between the parties if:
 (a) the proceeding; or
 (b) any part of the proceeding; or
 (c) any matter arising out of the proceeding;
were dealt with by an alternative dispute resolution process, the Tribunal must:
 (d) direct the holding of a conference of the parties or their representatives in relation to the proceeding, part of the proceeding, or matter, as the case may be; or
 (e) direct that the proceeding, part of the proceeding, or matter, as the case may be, be referred for a particular alternative dispute resolution process (other than conferencing).

 (4) If a direction under this section is applicable to:
 (a) a proceeding; or
 (b) a part of a proceeding; or
 (c) a matter arising out of a proceeding;
each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.