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Terms of reference of prescribed dispute resolution schemes

Private Education (Dispute Resolution Schemes) Regulations 2016

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—(1) A dispute resolution centre must administer a dispute resolution scheme in accordance with its terms of reference that have been approved by the Agency.(2) The Agency may, in its discretion, amend the terms of reference of a dispute resolution scheme.(3) The terms of reference include the following:(a)the types of disputes that may be referred by a party to a dispute resolution centre;(b)the procedure for referring a dispute to the dispute resolution centre;(c)the procedure for the receipt, processing and resolution of a dispute;(d)the fees payable by each party in respect of each dispute referred to the dispute resolution centre;(e)the circumstances in which a dispute may be dismissed by the dispute resolution centre without referring the parties for mediation under the dispute resolution scheme;(f)the circumstances in which a dispute would be referred for arbitration under the dispute resolution scheme;(g)the types of awards that may be made by an arbitrator under the dispute resolution scheme;(h)the procedure for the notification of the outcome of the arbitration of a dispute to the parties.(4) A dispute resolution centre must not amend any fee mentioned in paragraph (3)(d) except with the approval of the Agency.

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