180Content of rules of dispute resolution scheme

1. The rules of the dispute resolution scheme developed and approved under this subpart may provide for 1 or more of the following:

2. the appointment of a person to be responsible for the administration of the scheme (the administrator):
3. who may apply for a dispute to be resolved using the scheme and how the application may be made:
4. the jurisdiction of the scheme, including specifying the kinds of disputes that may not be resolved using the scheme:
5. the circumstances in which the scheme may or must refuse to deal with a dispute or may or must stay or dismiss a proceeding relating to a dispute, including, for example, where the administrator considers that an application—
   1. is frivolous or vexatious; or
   2. involves events that occurred more than a specified period before the application was made; or
   3. involves a dispute that would be more appropriately dealt with by the courts (for example, because it involves difficult issues of law):
6. the circumstances in which and the manner in which a dispute may or must be investigated under the scheme:
7. the information that may be considered in relation to a dispute:
8. how the dispute may or must be otherwise dealt with and considered under the scheme (which may, for example, include a tiered process for resolving disputes by mechanisms such as negotiation, conciliation, or mediation or by a decision made by an adjudicator or any other decision maker):
9. the remedial action that can be imposed on a party to resolve a dispute, which may include, for example, an order to—
   1. comply with a requirement under the Act or the regulations:
   2. remedy or avoid the breach or likely breach of a requirement under the Act or the regulations:
   3. avoid any further breach of a requirement under the Act or the regulations:
   4. compensate a party to the dispute:
   5. provide non-monetary redress for any loss or damage suffered by a party to the dispute or to take any other action to remedy the matter complained about:
10. how remedial action may be enforced:
11. the functions, duties, and powers of persons who act on behalf of the scheme (for example, a mediator or an adjudicator):
12. the payment of costs incurred by a party in connection with a proceeding before the scheme:
13. the review of a decision made by an adjudicator or any other decision maker:
14. any other matters prescribed by regulations made under section 187 for the purposes of this paragraph.

15. The rules must ensure that disputes are dealt with and considered under the scheme in a way that is—

16. consistent with the rules of natural justice; and
17. fair and reasonable in the circumstances.

18. The resolution of a dispute under the dispute resolution scheme is binding on all parties to the dispute only if—

19. the resolution is an order or another decision of an adjudicator or any other decision maker that is made under an adjudication or another determinative process; or
20. the resolution is produced by mediation or another process undertaken by or on behalf of the scheme whose outcome the parties to the dispute have agreed will be binding.

21. However, an order or another decision of an adjudicator or any other decision maker made under the dispute resolution scheme must not—

22. require a person to pay an amount exceeding $15,000:
23. declare that a person is not liable to any other person for an amount exceeding $15,000:
24. vest any property that exceeds $15,000 in value in any person:
25. direct the transfer, assignment, or delivery of possession of any property that exceeds $15,000 in value.