Dispute Resolution Process
This clause applies to disputes arising from clauses 4 to 9 of the Code and disputes over contractual
arrangements.
Application and Principles
(a) The procedure in this section applies to all disputes relating to alleged non-compliance with the
Code and to disputes of a contractual nature but does not apply to disputes which are described in
sub-clause 10.1(a) and 10.1(c).
(b) Insurers and Repairers agree that disputes relating to alleged non-compliance with the Code and
to disputes of a contractual nature, should be resolved promptly, transparently and fairly
Internal Dispute Resolution
(a) Each Insurer will establish an IDR mechanism that provides for the prompt, transparent and fair
resolution of disputes.
(b) Disputes must in the first instance be registered through the Code Website, whereupon the CAC
will immediately advise the relevant Insurer of the IDR dispute lodgement.
(c) The dispute notification must contain:
(i) the names and contact details of the Applicant and the Respondent;
(ii) adequate information about the nature of the dispute;
(iii) specific reference to the relevant clause(s) of the Code and the reason(s) why the
Respondent is alleged to be non-compliant with the Code;
(iv) supporting documentation about the dispute;
(v) an explanation as to what outcome the Applicant seeks.
(d) Insurers will provide to the Repairer a written acknowledgement of the complaint within three (3)
business days. Repairers and Insurers will conclude the IDR process within nine (9) clear business days
following CAC notification, unless otherwise agreed to by both Parties.
(e) If the Repairer disagrees with the outcome of an IDR process, they can elevate the dispute to
Mediation.
Mediation
(a) To commence a Mediation action under the Code, the Applicant must lodge a notice of dispute
with the CAC through the Code Website or its nominee and the Respondent, providing the following
information:
(i) the names and contact details of the Applicant and the Respondent;
(ii) adequate information about the nature of the dispute;
(iii) specific reference to the relevant clause(s) of this Code and the reason(s) why the
Respondent is alleged to be non-compliant with the Code;
(iv) supporting documentation about the dispute;
(v) an explanation as to what outcome the Applicant seeks
(b) The Applicant and the Respondent may then either agree on a Mediator, or if the Parties cannot
agree on a Mediator within two business days, the Applicant may nominate an Approved Mediation
Provider as set by the CAC in Schedule 1 of the Code.
(c) Subject to sub-clause 11.3(e), the Mediator may decide the time and place for the conduct of the
Mediation. In doing so, the Mediator is to ensure that location is neutral and acceptable to both
Parties.
(d) Any face-to-face Mediation under this Code must be conducted in the state or territory in which
the repairs took place and within a reasonable distance of the Repairer’s premises, unless otherwise
agreed by the Parties.
(e) The Parties participating in the Mediation should try to resolve the dispute within 15 business days
of the notification of the dispute, unless otherwise agreed to by both Parties.
(f) Those participating in the Mediation must have the authority to enter into an agreement to settle
the dispute.
(g) An observer may attend a Mediation at the invitation of either party to a dispute but only if both
Parties to the dispute agree, and if the observer has agreed to be bound to confidentiality.
(h) An observer who is attending the Mediation with the agreement of both Parties may additionally
act as an adviser or a representative of a party to a dispute during the Mediation if both Parties
further agree.
(i) If the Mediation does not result in an outcome acceptable to both the Applicant and the
Respondent, or the dispute proves incapable of resolution by Mediation, the Mediator will provide a
written statement to the Applicant and the Respondent setting out:
(i) the Parties to the dispute;
(ii) an outline of the dispute; and
(iii) a list of unresolved issues.
(j) Any statement issued under sub-clause 11.3(i) must remain confidential between the Parties to the
dispute, the Mediator and any observers or other participants present at the Mediation.
(k) Disclosure of any statement under sub-clause 11.3(i) to a third party requires the consent of the
Applicant and the Respondent except where disclosure is required by law.
(l) At the conclusion of the Mediation the Mediator should advise the CAC in writing whether the
issues were resolved, partly resolved or not resolved.
(m) The Mediator may seek part payment by the Parties prior to the commencement of a Mediation,
the pre-payment being equivalent to the cost of the minimum time of Mediation (as set by the
nominated Mediator) with the payment split equally between the Parties.
(n) The result of the Mediation or documents related to the Mediation remain confidential unless the
CAC is provided with the express written approval and agreement of both Parties to the dispute, or
except where such disclosure is required by law.
(o) Participation in Mediation is mandatory for Signatories.
Conditions
(a) This clause does not affect the right of a party to take legal action in relation to a dispute.
(b) The Parties will share the costs of Mediation equally under this sub-clause
11.4, unless they agree otherwise.
(c) The Parties must pay for their own costs of attending the Mediation.
(d) The Parties must mediate in good faith.
(e) If a party has commenced dispute resolution and/or mediation outside of this Code the party
cannot revert to the Code’s dispute resolution process until the dispute resolution and/or mediation
has been finalised.