Document ID: chunk:federal_register_of_legislation:F2021C00201:clause:1_37c
Version: federal_register_of_legislation:F2021C00201
Segment Type: clause
Provision Reference: sch 1 cl 37C
Character Range: 61016–62416

37C  Independent Reviewer's discretion to conduct an independent review
 (1) The Independent Reviewer must consider the independent review request and decide within 10 business days of the request being received:
 (a) to conduct an independent review of the Code Arbiter's process in dealing with the complaint; or
 (b) not to conduct an independent review of the Code Arbiter's process in dealing with the complaint.

Deciding not to conduct an independent review
 (2) Without limiting the Independent Reviewer's discretion under subclause (1) to decide not to conduct an independent review, circumstances in which the Independent Reviewer might decide not to conduct an independent review include the following:
 (a) where the supplier accepted a proposed remedy in relation to the original complaint;
 (b) where the Independent Reviewer considers that the independent review request is vexatious, trivial, misconceived or lacking in substance;
 (c) where the Independent Reviewer considers that the independent review request does not relate to the Code Arbiter's process in dealing with the complaint.
 (3) If the Independent Reviewer decides not to conduct the independent review, the Independent Reviewer must notify the supplier and the Code Arbiter. The notice must:
 (a) be in writing; and
 (b) set out the Independent Reviewer's reasons for deciding not to conduct the independent review.