South Australian Numbered Acts South Australian Numbered ActsAfter section 12 insert:
Part 3—Dispute resolution
Division 1—Preliminary
12A—Interpretation
In this Part—
"designated alternative dispute resolution process"—see section 12D(1)
.
Division 2—General
12B—Alternative dispute resolution
(1) A person may apply to the Commission for alternative dispute resolution of a dispute involving a small business.
(2) In the performance of its functions relating to the resolution of disputes through alternative dispute resolution, the Commission may determine the form of alternative dispute resolution to be used.
(3) The Commission may charge fees and expenses for performing its alternative dispute resolution functions.
12C—Commission may refuse to deal with dispute
In the performance of its functions relating to the resolution of disputes, the Commission may refuse to deal with a dispute for any of the following reasons:
(a) the dispute does not involve a small business;
(b) the dispute is, in the opinion of the Commission, trivial, vexatious or does not arise or has not been made in good faith;
(c) the dispute is unlikely to be resolved through alternative dispute resolution;
(d) the dispute is the subject of proceedings before a court;
(e) there is another government agency or person that the Commission is satisfied is better suited to deal with the dispute;
(f) any other reason determined by the Commission.
Division 3—Designated alternative dispute resolution
12D—Notice of designated alternative dispute resolution
(1) In the performance of its functions relating to the resolution of disputes through alternative dispute resolution, the Commission may determine that a dispute will be dealt with through alternative dispute resolution under this Division (a "designated alternative dispute resolution process").
(2) If the Commission makes a determination under subsection (1)
, the Commission must give each party to the dispute written notice of the determination.
(3) A party may, by notice given to the Commission within 10 business days of receiving a notice under subsection (2)
, refuse to participate in the designated alternative dispute resolution process.
(4) If the Commission receives a notice under subsection (3)
, the Commission must, by notice given to each party to the dispute within 3 business days of receipt of the notice, determine—
(a) to discontinue the designated alternative dispute resolution process; or
(b) to proceed with the designated alternative dispute resolution process.
12E—Commission may require attendance at alternative dispute resolution processes and production of documents
(1) For the purposes of a designated alternative dispute resolution process conducted under this Act, the Commission may, subject to this section, require any person by notice in writing—
(a) to attend a meeting at a time and place specified in the notice; or
(b) to produce, at a time and place specified in the notice, to the Commission any document or thing described in the notice that is in the custody or under the control of the person, and that the Commission determines would benefit the resolution of the dispute.
does not apply to documents or things that—
(a) are subject to legal professional privilege; or
(b) contain commercial information of a confidential nature; or
(c) are subject to a confidentiality requirement under any other Act or law.
(3) A person who, without reasonable excuse, refuses or fails to comply with a requirement in a notice under this section is guilty of an offence.
Maximum penalty: $20 000.
Expiation fee: $1 200.
12F—Statements made during alternative dispute resolution
Evidence of admissions or statements made in the course of designated alternative dispute resolution processes under this Act is not admissible in evidence before a court.
12G—Power to issue certificates
(1) The Commission must certify the outcome of a designated alternative dispute resolution process within 21 business days of the day on which the Commission gave written notice of its determination under section 12D(2)
, or, in exceptional circumstances, such longer period as the Commission determines.
(2) A certificate issued under subsection (1)
must include the names of the parties to the dispute and the nature of the dispute.
(3) A certificate issued under subsection (1)
must certify—
(a) whether or not the dispute was resolved; and
(b) if relevant, whether 1 or more of the parties to the dispute refused or failed to attend a meeting in accordance with a notice issued under section 12E(1)
and the reasons (if any) for that refusal or failure.
(4) A certificate issued under subsection (1)
may be admitted in evidence in proceedings before a court or tribunal.
Division 4—Enforcement
12H—Result of alternative dispute resolution may be enforced
(1) If an agreement reached as a result of alternative dispute resolution is recorded in a written instrument and signed by both the Commission and the parties to the agreement, then—
(a) a copy of the instrument must be given to each party; and
(b) in the event that a party to the agreement fails to carry out the party's obligations under the agreement—the other party may apply to the Magistrates Court for an order enforcing the terms of the agreement.
(2) An application to the Magistrates Court under subsection (1)
is a minor statutory proceeding for the purposes of paragraph (c) of the definition of "minor statutory proceeding" in section 3(1) of the Magistrates Court Act 1991
.