Health Infrastructure Enabling Regulation 2023

This section applies if a dispute arises between a claimant and the Territory.

The party in dispute must give the other party written notice of the dispute no later than 30 days after the dispute arises.

Unless the parties to the dispute otherwise agree—

as soon as is practicable after the notice under subsection (2) is given—

an independent expert must be appointed to decide the dispute; and

the dispute must be promptly referred to the independent expert; and

a party may not commence legal proceedings in relation to the dispute if the dispute has not been first decided by the independent expert.

The person appointed as an independent expert, including the terms of the appointment, is—

as agreed in writing by the parties to the dispute; or

if the parties are unable to agree—a person nominated in writing by a relevant professional body declared by the Minister.

If a dispute is referred to an independent expert, the expert must—

make a determination—

as an expert; and

based on the information provided to them by the parties; and

give the parties written notice of the determination and reasons for it.

A determination by an independent expert—

is final and binding on the parties for the Act and any court proceeding under the Act; but

may be reviewed by a court of competent jurisdiction for legal error.

A declaration under subsection (4) (b) is a notifiable instrument.

In this section:

dispute means a dispute about how compensation is worked out under this part.

Part 5 Miscellaneous