Investigation by Secretary of complaints about Arbitration Panel arbitrators
39E Investigation by Secretary of complaints about Arbitration Panel arbitrators
For the purposes of section 158B (3) (b) of the Act—
the Secretary must provide notice of a complaint made under section 158B (1) of the Act by a party to an arbitration to—
the other party to the arbitration, and
the arbitrator who is the subject of the complaint, and
that notice must include—
the name and address of the party making the complaint, and
details about the nature of the complaint, and
details of any evidence provided by the party making the complaint that supports the complaint.
The Secretary must—
provide an arbitrator the subject of a complaint under section 158B (1) of the Act with a reasonable opportunity to make any submissions about the complaint, and
take any submissions made by the arbitrator into consideration when determining whether to remove the arbitrator under section 158B (1) of the Act.
Any determination of the Secretary in relation to a complaint against an arbitrator must—
be in writing, and
set out the reasons for the determination made in relation to the complaint, and
be given to the party that made the complaint, and the arbitrator who is the subject of the complaint, as soon as practicable.
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