Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_352u
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 352U
Character Range: 213788–215490

352U  Referral of review for alternative dispute resolution process
 (1) If an application is made to the Board for review of an original determination, the Principal Member may, in writing:
 (a) direct the holding of a conference of the parties to the review, or their representatives, in relation to the review, any part of the review or any matter arising out of the review; or
 (b) direct that the review, any part of the review or any matter arising out of the review, be referred for a particular alternative dispute resolution process (other than conferencing).
 (2) The Principal Member may, in writing, direct the holding of conferences of the parties to a review or their representatives in the case of applications made to the Board for review of original determinations of a kind specified in the direction.
 (3) The Principal Member may, in writing, direct that reviews be referred for a particular alternative dispute resolution process (other than conferencing) in the case of applications made to the Board for review of original determinations of a kind specified in the direction.
 (4) A direction may be given under paragraph (1)(a) or (b):
 (a) whether or not a direction has previously been given under paragraph (1)(a) or (b) in relation to the review; 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 review; or
 (b) a part of a review; or
 (c) a matter arising out of a review;
each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.
Note: A direction under this section is not a legislative instrument (see section 353U).