New South Wales Consolidated Acts

DUST DISEASES TRIBUNAL ACT 1989 - SECT 38

38 Arbitration for insurance purposes

(1) The rules may make provision for or with respect to the arbitration of disputes as to the liability of insurers as referred to in section 151AC of the Workers Compensation Act 1987 .

(2) In particular, the rules may make provision for or with respect to:

(a) the appointment of a member, registrar or other officer of the Tribunal, or another person approved by the President, as an arbitrator or referee, and

(b) the reference of disputes to arbitration, and

(c) the determination of the kinds of premises where arbitrations can be conducted and, if relevant, the provision of the services of officers of the Tribunal and the provision of court rooms and other facilities for the purposes of an arbitration, and

(d) requiring the plaintiff and other persons to give evidence at an arbitration, and

(e) the joinder of insurers and other persons as parties to the arbitration, including insurers and persons who were not parties to the original proceedings before the Tribunal, and

(f) the determination and payment of arbitration fees and expenses (including for example the cost of hiring premises) and the persons by whom the whole or any part of any such fees and expenses are to be paid, and

(g) the determination and payment of costs incurred in an arbitration, and

(h) the manner in which a determination of an arbitrator may be called in question, and whether or not, or to what extent, a determination may be called in question on a matter of fact or law, and

(i) any other matters associated with an arbitration.

(3) An arbitrator or referee has power to determine issues for the purpose of resolving any such dispute.

(4) Subject to any rules made under subsection (2) (h), the Tribunal, on application made to it by any party within the period prescribed by the rules, may set aside a determination made by an arbitrator or referee and may:

(a) refer the determination back to the arbitrator or referee who made it, or

(b) revoke the reference to the arbitrator or referee who made the determination and make such order as it thinks fit for the continuance of the matter.