Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_34a
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 34A
Character Range: 46347–47952

34A  Referral of proceeding for alternative dispute resolution process

 (1) If an application is made to the Tribunal for review of a decision, the President may:
 (a) direct the holding of a conference of the parties or their representatives in relation to the proceeding, or any part of the proceeding or any matter arising out of the proceeding; or
 (b) direct that the proceeding, or any part of the proceeding or any matter arising out of the proceeding, be referred for a particular alternative dispute resolution process (other than conferencing).

 (2) The President may also direct the holding of conferences of the parties or their representatives in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction.

 (3) The President may also direct that proceedings be referred for a particular alternative dispute resolution process (other than conferencing) in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction.

 (4) A direction may be given under a particular paragraph of subsection (1):
 (a) whether or not a direction has previously been given under the same or the other paragraph of that subsection in relation to the proceeding; and
 (b) whether or not a direction under subsection (2) or (3) has applied.

 (5) 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.