Education (Domestic Tertiary Student Contract Dispute Resolution Scheme) Rules 2021

DRS operator determines eligibility and provides initial response

7 When DRS operator may decline to accept dispute

(1)

The DRS operator may decline to accept a dispute for resolution under the scheme if it considers that the scheme does not cover the dispute for 1 or more of the following reasons:

(a)

the provider has not been given an adequate opportunity to resolve the dispute:

(b)

the dispute has been dealt with in another forum, unless new evidence or other information has come to light that the DRSĀ operator believes on reasonable grounds should be considered:

(c)

the dispute is being dealt with in another forum, unless the student claimant withdraws the dispute from the other forum:

(d)

the dispute would be more appropriately dealt with by a court, a tribunal, or another appropriate authority:

(e)

the dispute has been previously dealt with under the scheme, unless new evidence or other information has come to light:

(f)

the claim is trivial, frivolous, or vexatious:

(g)

as a result of a delay in lodging the dispute, it is no longer possible to obtain sufficient evidence or other information for resolution of the dispute under the scheme.

(2)

This clause does not apply if the District Court has, under section 538 of the Act, enforced a resolution that is binding under section 536(7) of the Act.