Code Administration


(a) The Code will be administered by the CAC;

(b) The CAC will consist of Signatories being:

(i) Three appointees of ICA; and

(ii) Three appointees of MTAA.

(c) Members of the CAC shall hold office for a period of two (2) years, but may be re-nominated for further two (2) year periods subject to sub-clause 13.1(d) of the Code;

(d) The ICA and MTAA can replace or substitute their respective appointees at any time and for any reason, but in the spirit of the Code each will endeavour to ensure continuity of representation at CAC;

(e) The members of the CAC will elect one of their number as chairperson for a 12 month period on the basis that an appointee of ICA and an appointee of MTAA will rotate as chairperson and the first rotation shall be determined by lot;

(f) The chairperson will be responsible for arranging for administrative support for the CAC activities; (g) The CAC will meet at least two times a year, but may meet more frequently as required; and

(h) Changes to the Code can be made by the CAC only on a consensual basis.


The CAC:

(a) Will develop a protocol for the appointment, establishment and operation of a national panel of Mediators;

(b) Will monitor compliance with the Code;

(c) Will produce a publicly available annual report on the Code and provide a copy of the report to the relevant Australian Government Minister. The report will include:

(i) An assessment of Insurer and Repairer compliance with the Code;

(ii) The number and type of applications for Mediation under the Code; and

(iii) Any other matters the CAC considers relevant to the Code;

 (d) Will develop its own administrative procedures and protocols and obtain adequate funding to administer and monitor the Code from ICA and MTAA;

(e) Will advise on the promotion of the Code within the Industry; and

(f) Will conduct an initial internal review of the operation of the Code 12 months after the commencement of operation of the Code on 1 September 2006. This is to be followed by an external review of the operation of the Code every three years from the commencement of the Code;

(g) May be consulted on interpretation of any clause in this Code;

(h) May receive from Signatories or others information related to alleged breaches of the Code;

(i) May refer alleged breaches of the Code to the appropriate government regulator.


The appointees to the CAC are prohibited from disclose any confidential information acquired in the course of their appointment to the CAC, unless required by law to do so.