Western Australian Repealed Regulations

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This legislation has been repealed.

ELECTRICITY REFEREE AND DISPUTE RESOLUTION REGULATIONS 1997


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Commencement  
   3.      Definitions  

   PART 2 -- Enforcement of obligations  

   4.      Obligations enforceable before referee only  

   PART 3 -- Dispute resolution procedures  

   5.      Parties to attempt to resolve disputes  
   6.      Disposition of unresolved prescribed disputes  
   7.      Resolution of other disputes  
   8.      Suspension of time periods  

   PART 4 -- Appointment of referee and administration  

   9.      Office of electricity referee created  
   10.     Appointment of referee  
   11.     Remuneration  
   12.     Resignation  
   13.     Suspension and removal of referee  
   14.     Completion of matters commenced  
   15.     Acting referee  
   16.     Administration  
   17.     Liability of referee  

   PART 5 -- Jurisdiction and powers of referee  

   18.     Referee bound by the Act and the regulations  
   19.     Referee is not an arbitrator  
   20.     Referee not a regulator  
   21.     Jurisdiction over disputes  
   22.     Exceptions to referee’s exclusive jurisdiction over prescribed disputes  
   23.     Referee may disqualify himself or herself  
   24.     Referee may extend ambit of proceedings regarding prescribed disputes  
   25.     Referee may extend ambit of consent proceedings  
   26.     Court referral of prescribed disputes  
   27.     Jurisdictional disputes to be heard by referee  
   28.     Authority of referee  
   29.     Rules of natural justice  
   30.     Referee may give practice directions  
   31.     Miscellaneous powers of the referee  
   32.     Referee may dismiss matters  
   33.     Referee may consolidate matters  

   PART 6 -- Commencement and conduct of proceedings  

   34.     Time limitation  
   35.     Referral of prescribed disputes  
   36.     Referral of disputes before referee appointed  
   37.     Referral of non-prescribed disputes  
   38.     Informality and expedition  
   39.     Referee may issue summons  
   40.     Protection and liabilities of witnesses  
   41.     Evidence before referee  
   42.     Representation  
   43.     Effect of appointment of new referee on evidence previously given and awards and determinations previously made  
   44.     Confidentiality  
   45.     Death of a party  
   46.     Duties of parties  
   47.     Service of notices  

   PART 7 -- Determinations, interest and costs  

   48.     Determinations to be made according to precedent  
   49.     Determinations that may be made  
   50.     Limitations on determinations that may be made in certain cases  
   51.     Form of determinations  
   52.     Publication of determinations  
   53.     Time limits for making determinations  
   54.     Interim determinations  
   55.     Consent determinations  
   56.     Power to correct determinations  
   57.     Determinations binding on all parties  
   58.     Certain determinations to be of no effect  
   59.     Determinations are subject to the Act  
   60.     Enforcement of determinations  
   61.     Interest up to making of a determination  
   62.     Costs at discretion of referee  
   63.     Taxation  
   64.     No prospective agreement that parties bear their own costs  
   65.     When no provision in a determination for costs  
   66.     Conduct of parties is relevant  

   PART 8 -- Appeals, judicial review and the Court  

   67.     No appeal generally  
   68.     Appeal on questions of law  
   69.     Effect of variation  
   70.     Stay of execution of determination pending appeal  
   71.     Referee may state case for a Judge  
   72.     No exclusion of appeals and references  
           Compilation table


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