Complaints policy

Complaints policy and procedure statement in relation to adjudication:

  1. Any person may make a complaint to ABC DRS relating to:
    • Any process of the Authorised Nominating Authority (“ANA”) / Nominating Authority (“NA”)  in relation to or arising out of the relevant Act;
    • Any conduct by any officer or personnel of the ANA / NA;
    • Any conduct by an adjudicator nominated by the ANA / NA; or
    • Any other relevant matter concerning the ANA / NA.
  2. Complaints must be made in writing to ABC DRS and should contain full particulars and supporting documentation.
  3. Complaints will be accepted only if made within 30 days of the date of the event or circumstances to which the complaint relates.
  4. The complainant may withdraw the complaint at any time by notice in writing to ABC DRS.
  5. ABC DRS will acknowledge any written complaint within 5 business days of receipt.
  6. ABC DRS Director will review the complaint in the first instance to establish the nature of the complaint.
  7. If the complaint is being made against the ANA / NA:
    • The Director will contact the complainant to discuss the issues and the desired outcome sought and if appropriate attempt to resolve the matter at this point;
    • If the complainant wishes to take the matter further, ABC DRS will refer the complaint to its ‘Complaints Panel’ comprising two senior adjudicators appointed by ABC DRS and an independent legal practitioner appointed by ABC DRS. The panel will review the complaint on its merits and in consideration of the relevant Act, Regulations and Conditions of Authorisation or the like. The panel will respond to the complainant in writing.
    • If the complainant wishes the take the matter further, ABC DRS will refer the complaint to expert determination by an independent body or person to be agreed between the parties;
    • The parties will bear their own costs in relation to the complaint and its resolution;
    • The parties will be liable in equal share for the cost of the expert’s fees to determine the matter;
  8. If the complaint is made against the Adjudicator:
    • ABC DRS will contact the complainant to discuss the issues and the desired outcome sought and if appropriate attempt to resolve the matter at this point;
    • If the complaint is within the authority of ABC DRS to consider, the complaint will be referred to the adjudicator for his/her written response to ABC DRS;
    • After due consideration of the complaint and the adjudicator’s response, ABC DRS will discuss the matter with the complainant and provide a written response to the complainant;
    • If the complainant wishes to take the matter further, ABC DRS will refer the complaint to its ‘Complaints Panel’ comprising ABC DRS Director and two senior adjudicators appointed by ABC DRS. The panel will review the complaint on its merits and in consideration of the relevant Act, Regulations and Conditions of Authorisation or the like. The panel will respond to the complainant in writing.
    • If the complainant wishes the take the matter further, ABC DRS will refer the complaint to expert determination by an independent body or person to be agreed between the parties;
    • The parties will bear their own costs in relation to the complaint and its resolution;
    • The parties will be liable in equal share for the cost of the expert’s fees to determine the matter;
  9. ABC DRS will endeavor to complete the complaints process within 6 weeks of receipt of the written complaint; however if this is time frame is likely to be exceeded, ABC DRS will notify the complainant accordingly providing an anticipated completion time.