International Student Contract Dispute Resolution Scheme Rules 2016

11 DRS operator may obtain information necessary for resolution of dispute in adjudication

(1)

For the purpose of obtaining information necessary for the resolution of a dispute by adjudication, the DRS operator may make any inquiries that are fair and reasonable in the circumstances.

(2)

A party to a dispute being resolved by adjudication must supply any information requested by the DRS operator unless—

(a)

the supply of the requested information would breach an obligation of confidence owed to a third person who has refused consent to the supply of the information; or

(b)

the information is subject to legal professional privilege, or was provided to the party on a without prejudice basis; or

(c)

the party does not have the information or it is not within its control.

(3)

In requesting information, the DRS operator may specify a reasonable time period within which the party concerned must supply the information.

(4)

As soon as practicable after receiving a request by the DRS operator for information and in any event within any time period specified in the request, a party must—

(a)

comply with the request; or

(b)

object to supplying the information and give reasons why the party cannot or should not supply it.