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Dominique Hogan-Doran SC
t: + 61 2 9236 8622
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e: hogan-doran@stjames.net.au

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News

News

Re-Appointment to National Broadband Network Arbitral Pool

Dominique Hogan-Doran SC

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The Australian Competition & Consumer Commission has approved my nomination for re-appointment as a Pool Member for a further 2 years from 22 December 2018 for determination of disputes between NBN Co and its Customers. 

NBN Co was established to design, build and operate Australia's new high-speed, wholesale local access broadband network

The appointment is pursuant to the dispute management regime included in the NBN Co's Special Access Undertaking given to the ACCC under section 152CBA(2) of the Competition and Consumer Act 2010 (Cth). The term of my further appointment is 2 years.

Under the terms of the Wholesale Broadband Agreement, NBN Co and its Customers agree to manage and resolve disputes that may arise under or in relation to the agreement in accordance with a set of rules that are set out in Module G of that agreement (the Dispute Management Rules). NBN Co has incorporated the same Dispute Management Rules into its other Standard Forms of Access Agreements.

The Dispute Management Rules provide that certain functions and responsibilities, which contribute to the fair and efficient resolution of disputes, are to be performed by appointees to the roles of ‘Pool Member’ and ‘Panel Member’. 

The Dispute Management Rules provide various means by which a dispute may be resolved, including mediation, expert determination, an alternative agreed dispute mechanism, and panel arbitration. If the disputing parties do not agree to use mediation, expert determination or any other alternative agreed dispute mechanism to resolve the dispute, either of the disputing parties may refer the dispute to the Resolution Advisor to arrange for panel arbitration, in which case the members of the arbitral panel will determine the dispute by arbitration.

See earlier: https://dhdsc.com.au/news/2016/12/7/national-broadband-network-nbn-arbitral-panel-appointment

See further: https://www.nbnco.com.au/sell-nbn-services/supply-agreements/dispute-management.html