New South Wales Consolidated Acts

INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 31

31 Disputes regarding application of determination of methodology

(1) A customer who is dissatisfied with the way in which a government agency applies the methodology in a determination referred to in section 14A may complain to the agency.

(2) The chief executive of the agency is to review the complaint or cause it to be reviewed.

(3) The customer, if still dissatisfied, may request the agency that the matter be reviewed by way of arbitration by an arbitrator, who is to be appointed by agreement between the customer and the agency. The agency is, subject to this section, to comply with any such request.

(4) Costs of the arbitration are to be borne equally by the agency and the customer.

(5) The regulations may exclude classes of determinations from the operation of this section and may make provision for or with respect to reviews and arbitration under this section, including:

(a) the times within which complaints and requests are to be made,

(b) the circumstances in which complaints and requests may be dismissed without consideration,

(c) the determination of costs of arbitration.

(6) Subject to this section and the regulations, the Commercial Arbitration Act 2010 applies to any such arbitration.