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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3526 ..

(a) there is no committee that represents the employer and workers that has the power to decide a matter arising under the Act between the employer and workers; or

(b) there is a committee but-

(i) a party to the matter objects to the matter being arbitrated by the committee; or

(ii) the committee refers the matter to the court for arbitration; or

(iii) the committee does not decide the matter within 1 month after the claim on the matter is made.

8 Committee may refer questions of law

The committee may refer a question of law for the decision of the Magistrates Court.

9 Powers of Magistrates Court on arbitration

For a proceeding on an arbitration under this Act, the Magistrates Court has the same power to require the attendance of witnesses and the production of documents as it would have if the proceeding were an action in the court.

10 Medical referees (ACT WCA sch 4, cl 5, cl 14)

(1) The Magistrates Court may require a medical referee to sit with the court to help it assess the matter in dispute.

(2) The Magistrates Court or committee may ask a medical referee to report on any matter arising from the arbitration.

11 Procedure on arbitration (ACT WCA sch 4, cl 6A)

(1) This regulation applies to an arbitration under the Act unless the Act or rules expressly state otherwise.

(2) The Magistrates Court may decide its own procedure.

(3) The Magistrates Court or committee is not required to act in a formal way and is not bound by rules of evidence.

(4) The Magistrates Court or committee may inform itself about anything in the way it considers appropriate.

(5) The Magistrates Court or committee must act according to equity, good conscience and the substantial merits of the case being arbitrated, without regard to technicalities and legal forms.

12 Costs (ACT WCA sch 4, cl 7)

(1) The Magistrates Court or committee must not award the costs of, or incidental to, an arbitration or a related proceeding against someone claiming compensation honestly in the arbitration or proceedings.

(2) The costs of, and incidental to, an arbitration or a related proceeding-

(a) must not exceed the limit prescribed under the rules; and

(b) must be taxed as prescribed under the rules.

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