Western Australian Repealed Regulations

This legislation has been repealed.

ELECTRICITY REFEREE AND DISPUTE RESOLUTION REGULATIONS 1997

TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation
            
   2.      Commencement
            
   3.      Definitions

   PART 2 -- Enforcement of obligations  

   4.      Obligations enforceable before referee only

   PART 3 -- Dispute resolution procedures  

   5.      Parties to attempt to resolve disputes
            
   6.      Disposition of unresolved prescribed disputes
            
   7.      Resolution of other disputes
            
   8.      Suspension of time periods

   PART 4 -- Appointment of referee and administration  

   9.      Office of electricity referee created
            
   10.     Appointment of referee
            
   11.     Remuneration
            
   12.     Resignation
            
   13.     Suspension and removal of referee
            
   14.     Completion of matters commenced
            
   15.     Acting referee
            
   16.     Administration
            
   17.     Liability of referee

   PART 5 -- Jurisdiction and powers of referee  

   18.     Referee bound by the Act and the regulations
            
   19.      Referee is not an arbitrator
            
   20.     Referee not a regulator
            
   21.     Jurisdiction over disputes
            
   22.     Exceptions to referee’s exclusive jurisdiction over prescribed disputes
            
   23.     Referee may disqualify himself or herself
            
   24.     Referee may extend ambit of proceedings regarding prescribed disputes
            
   25.     Referee may extend ambit of consent proceedings
            
   26.     Court referral of prescribed disputes
            
   27.     Jurisdictional disputes to be heard by referee
            
   28.     Authority of referee
            
   29.     Rules of natural justice
            
   30.     Referee may give practice directions
            
   31.     Miscellaneous powers of the referee
            
   32.     Referee may dismiss matters
            
   33.     Referee may consolidate matters

   PART 6 -- Commencement and conduct of proceedings  

   34.     Time limitation
            
   35.     Referral of prescribed disputes
            
   36.     Referral of disputes before referee appointed
            
   37.     Referral of non-prescribed disputes
            
   38.     Informality and expedition
            
   39.     Referee may issue summons
            
   40.     Protection and liabilities of witnesses
            
   41.     Evidence before referee
            
   42.     Representation
            
   43.     Effect of appointment of new referee on evidence previously given and awards and determinations previously made
            
   44.     Confidentiality
            
   45.     Death of a party
            
   46.     Duties of parties
            
   47.     Service of notices

   PART 7 -- Determinations, interest and costs  

   48.     Determinations to be made according to precedent
            
   49.     Determinations that may be made
            
   50.     Limitations on determinations that may be made in certain cases
            
   51.     Form of determinations
            
   52.     Publication of determinations
            
   53.     Time limits for making determinations
            
   54.     Interim determinations
            
   55.     Consent determinations
            
   56.     Power to correct determinations
            
   57.     Determinations binding on all parties
            
   58.     Certain determinations to be of no effect
            
   59.     Determinations are subject to the Act
            
   60.     Enforcement of determinations
            
   61.     Interest up to making of a determination
            
   62.     Costs at discretion of referee
            
   63.     Taxation
            
   64.     No prospective agreement that parties bear their own costs
            
   65.     When no provision in a determination for costs
            
   66.     Conduct of parties is relevant

   PART 8 -- Appeals, judicial review and the Court  

   67.     No appeal generally
            
   68.     Appeal on questions of law
            
   69.     Effect of variation
            
   70.     Stay of execution of determination pending appeal
            
   71.     Referee may state case for a Judge
            
   72.     No exclusion of appeals and references
           Compilation table