Document ID: chunk:federal_register_of_legislation:F2022C01111:clause:1_40a
Version: federal_register_of_legislation:F2022C01111
Segment Type: clause
Provision Reference: sch 1 cl 40A
Character Range: 87966–88916

40A  Notification of dispute
 (1) The complainant must tell the respondent in writing:
 (a) the nature of the dispute; and
 (b) what outcome the complainant wants; and
 (c) what action the complainant thinks will resolve the dispute.
 (2) The parties must then try to agree how to resolve the dispute.
Note: Arbitration could be one way the parties agree to resolve the dispute. In that case, Subdivision C will apply.
 (3) If the parties cannot agree how to resolve the dispute within 21 days, any party may refer the matter to an ADR practitioner for an ADR process under:
 (a) a franchise agreement; or
 (b) this code.
 (4) If the parties cannot agree on who should be the ADR practitioner, any party may request the Ombudsman to appoint an ADR practitioner.
 (5) The Ombudsman must appoint an ADR practitioner within 14 days of the request, or a corresponding request under a provision of the franchise agreement corresponding to subclause (4).