Provision of Dispute Resolution Services under Industry Codes of Conduct

⁠⁠⁠The Franchising Code, Horticulture Code, and Oilcode are prescribed, mandatory industry codes under the Competition and Consumer Act 2010 (CCA). These Codes are enforced by the Australian Competition and Consumer Commission (ACCC).

Currently, the Department of the Treasury; Department of Agriculture and Water Resources, and the Department of Industry, Innovation and Science have policy responsibility for the Franchising Code, Horticulture Code, and Oilcode respectively.

The purpose of the codes:
(a) The purpose of the Franchising Code is to regulate the conduct of participants in franchising towards other participants in franchising. The Franchising Code includes provisions relating to dispute resolution procedures and provides for the appointment of a Mediation Adviser (henceforth referred to as the Franchising Mediation Adviser);
(b) The purpose of the Horticulture Code is to regulate the trade in horticulture produce between growers and traders. This ensures transparency and clarity of transactions and provides a fair and equitable dispute resolution procedure for disputes arising under the Horticulture Code or horticulture produce agreements. The Horticulture Code provides for the appointment of a Mediation Adviser (henceforth referred to as the Horticulture Mediation Adviser);
(c) The purpose of the Oilcode is to regulate the conduct of suppliers, distributors and retailers in the petroleum marketing industry. The Oilcode established an independent, downstream petroleum Dispute Resolution Scheme which includes a provision to appoint a Dispute Resolution Adviser. The Dispute Resolution Advisor provides the industry with a cost-effective alternative to taking action in the courts. The Dispute Resolution Adviser may provide advice, conduct mediations and make non-binding determinations for disputes covered by certain sections of the Oilcode.