Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_4
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 57578–58827

4  A Commonwealth agency should use its best endeavours to assist the tribunal to make its decision.
Note: The term 'litigation' is defined in paragraph 15 of these Directions in terms that encompass merits review before tribunals. There are particular obligations in relation to assisting a tribunal engaged in merits review to arrive at a decision. Commonwealth agencies should pay close attention to the legislation under which a tribunal is established, and any practice directions issued by the tribunal. In the case of the Administrative Appeals Tribunal see in particular subsection 33(1AA) of the Administrative Appeals Tribunal Act 1975.

Alternative dispute resolution
5.1  The Commonwealth or a Commonwealth agency is only to start court proceedings if it has considered other methods of dispute resolution (eg alternative dispute resolution or settlement negotiations).
5.2  When participating in alternative dispute resolution, the Commonwealth and Commonwealth agencies are to ensure that their representatives:
 (a) participate fully and effectively, and
 (b) subject to paragraph 2 (e) (iv), have authority to settle the matter so as to facilitate appropriate and timely resolution of a dispute.

Appendix C—Handling monetary claims