Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_176c
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 176C
Character Range: 649158–650010

176C  Refusing application

 (1) The Commission must refuse to conduct an alternative dispute resolution process under this Division in relation to a matter if:
 (a) the dispute is not one that may be resolved using the model dispute resolution process; or
 (b) the matter is the subject of proceedings or has already been settled as a result of proceedings, whether before a court or another body, under a law of the Commonwealth or of a State or Territory relating to the prevention of discrimination or to equal opportunity.

 (2) The Commission may refuse to conduct an alternative dispute resolution process under this Division if the parties in dispute on the matter have not made a genuine attempt:
 (a) to resolve the dispute at the workplace level; or
 (b) to reach agreement on who would conduct the alternative dispute resolution process.