Disputes Resolution Process
There is no Disputes Resolution Process outlined in the current Constitution that meets the requirements of the Act. This can either be something that the Assembly designs for itself, or it can adopt the Safe Harbour provisions in Act.
First and foremost, the Disputes Resolution Process must meet requirements of the Act which include:
a. The process must be consistent with Natural Justice,
b. How a dispute can be raised,
c. What your rights are if you raise a dispute, and
d. What your rights are if the dispute is against you.
We encourage you to read the Disputes Resolution Process as outlined in Part Five of the Drafting Guidelines.
The proposed process includes the following key steps:
- Any member can make a written complaint (support will be offered if needed)
- DPA will acknowledge the complaint within 5 working days
- The issue will be investigated fairly and with respect to everyone involved
- Both parties will have the chance to be heard
- Mediation or tikanga-based resolution will be offered if appropriate
- Serious matters may result in temporary suspension while the complaint is considered
- All decisions will be impartial, independent, and binding