New South Wales Consolidated Acts

MINING ACT 1992 - SECT 158B

158B Removal of Arbitration Panel arbitrator

(1) The Secretary may, subject to the regulations, remove an arbitrator who has been appointed under section 144 or 145A (7) (b) if, after an investigation by the Secretary following a complaint, the Secretary is satisfied--

(a) that--

(i) circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality, or

(ii) the arbitrator is incapable of conducting the proceedings or there are justifiable doubts as to the arbitrator's capacity to do so, or

(iii) the arbitrator has refused or failed properly to conduct the proceedings, and

(b) that substantial injustice has been caused or will be caused to one or more of the parties.

(2) If an arbitrator has been removed under subsection (1), the arbitrator's mandate is taken to have been terminated and a substitute arbitrator is to be appointed--

(a) by the parties, or

(b) by the Secretary, but only if the parties have been unable to agree on the appointment of an arbitrator by the end of 7 days after the removal.

(3) The regulations may make provision for or with respect to the removal of arbitrators under this section, including, but not limited to--

(a) the making of complaints to the Secretary, and

(b) investigations by the Secretary of complaints.