Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_176d
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 176D
Character Range: 650010–652059

176D  Commission's powers

 (1) If the Commission conducts an alternative dispute resolution process under this Division, the Commission must take such action as is appropriate to assist the parties to resolve the matter.

 (2) The action that the Commission may take includes:
 (a) arranging conferences of the parties or their representatives at which the Commission is present; and
 (b) arranging for the parties or their representatives to confer among themselves at conferences at which the Commission is not present.

 (3) The Commission must, as far as is practicable, act:
 (a) quickly; and
 (b) in a way that avoids unnecessary technicalities and legal forms; and
 (c) if the parties have agreed that an aspect of the process is to be conducted in a particular way—subject to subsection (4), in accordance with that agreement.

 (4) The Commission does not have power:
 (a) to compel a person to do anything; or
 (b) to arbitrate the matter, or matters, in dispute; or
 (c) to otherwise determine the rights or obligations of a party to the dispute; or
 (d) to make an award in relation to the matter, or matters, in dispute; or
 (e) to make an order in relation to the matter, or matters, in dispute; or
 (f) to appoint a board of reference.

 (5) The Commission does not have the power to do any of the things mentioned in paragraph (4)(a), (d), (e) or (f), even if the parties agree that the Commission should do it.

 (6) The Commission may, subject to any reasonable limitations imposed by the Commission, permit a party to the dispute on the matter to be represented in the alternative dispute resolution process.

 (7) If the parties request the Commission to make recommendations about particular aspects of a matter about which they are unable to reach agreement, then the Commission may make recommendations about those aspects of the matter.

 (8) Subdivision B of Division 3A of Part II of this Act does not apply in relation to the conduct of the alternative dispute resolution process by the Commission under this Division.