(1) The Small Business
Commissioner must, on the request of a person who may, under this Act, make an
application, referral or submission to the Tribunal, issue a certificate to
the person if the Commissioner is satisfied that —
(a) the
matter is unlikely to be resolved with the assistance of alternative dispute
resolution; or
(b) it
would not be reasonable in the circumstances to commence an alternative
dispute resolution proceeding in respect of the matter; or
(c)
alternative dispute resolution has failed to resolve the matter.
(2) The certificate is
to be in a form approved by the Small Business Commissioner and may include
any information about the conduct of the parties that the Commissioner
considers appropriate in the circumstances.
[Section 25C inserted: No. 20 of 2011 s. 32.]