ACCESS
MEDIATION SERVICES
Applying
to the Produce and Grocery Industry Ombudsman for mediation is simple.
Applicants are required to complete an application form and lodge it with the
ombudsman. Application forms are available by phoning 1800 206 385,
downloaded or can be completed on-line from here.
Under
the code, people who raise a dispute are called "applicants" and
people who have a dispute raised against them are called
"respondents".
The
code requires applicants to firstly raise the dispute with the respondent.
Respondents will then deal with the dispute according to their internal
dispute resolution procedures (where available). If this approach does not
work, or the respondent does not have a dispute resolution procedure then
either party may apply to the ombudsman to have the dispute mediated. In
special cases, applicants may apply directly to the ombudsman for mediation
(without having first raised the dispute with the respondent). "Special
cases" will be approved at the ombudsman's discretion and must involve
sufficient circumstances to warrant direct referral.
Questions
and Answers about the application form and process.
Q. Who is "the applicant"?
A. You are the applicant. The applicant is the person who applies to the
Ombudsman for mediation of a dispute. If someone is applying on your behalf,
ensure that you are listed as the applicant.
Q. Who is "the respondent"?
A. The respondent is the person or organisation named as the other party in
your application for mediation. It is important that you check the company or
trading name of the respondent so that we can contact them regarding your
dispute (eg. XYZ Pty Ltd, trading as Bill's Fruit and Vegetables). If you are
dealing with a company, tell us who you dealt with in the company (eg. Bill
Bloggs, Assistant Manager, XYZ Pty Ltd) and provide their contact details -
phone, fax, email and office address.
Q. What are the "Details of Dispute"?
A. This is what you are complaining about. Is it some event that occurred,
failure to make some payment or activity which you consider unfair? Please
choose your words simply so they provide an accurate description.
Q. What remedy do you wish to achieve?
A. What is it that you wish to achieve? This may include obtaining
information or rebuilding a relationship with the other party.
Q. Who/What are industry participants?
A. "Industry" is defined in the code of conduct as "those
businesses involved in the production, preparation and sale of food,
beverages and non-food grocery items, including (but not limited to) primary
producers, manufacturers and/or processors, wholesalers, importers and/or
distributors, brokers and/or agents and grocery retailers".
Q. What is a vertical supply relationship?
A. The jurisdiction of the ombudsman is limited to "vertical
relationships". The code of conduct defines a "vertical
relationship" as "the commercial relationships between suppliers
and purchasers of goods or services in different stages of production or
distribution in the retail grocery industry supply chain, but not including
consumers".
Q. What are "internal dispute resolution procedures"?
A. The code of conduct defines "internal procedures" as "the
internal dispute resolution procedures of industry participants". If you
have not been informed of such procedures, answer "no" or
"don't know' to the question.
Q. What is meant by a "direct referral to the Ombudsman"?
A. The ombudsman will encourage you to utilise the respondent's internal
dispute resolution procedures before he accepts an application. However not
all respondents may have such procedures or have informed you of their
existence. Alternatively the matter may be of such a nature that the
ombudsman agrees to accept it without requiring initial reference to the
respondent's internal procedures.
Q. What is the application fee?
A. The Produce and Grocery Industry Ombudsman scheme is fully funded by the
Australian Government. However an application fee of $50 is payable on all
applications unless the Ombudsman agrees to waive the fee on the grounds of
serious financial hardship. You do not need to provide financial records to
make this claim. Generally a confidential discussion with a member of OPGIO
will be sufficient.
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