Process to Establish the Reserve Dispute Resolution Scheme
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84. The process to establish the reserve scheme commences with consultation on the operating rules and governance arrangements proposed in this discussion paper. The feedback received will be taken into consideration when making recommendations to the Minister of Consumer Affairs on the final rules and governance of the reserve scheme.
85. The rules and governance arrangements will then be publicised and at about the same time the tender process to select a service provider for the reserve scheme will begin. Running concurrent with the tender process will be the process to appoint the foundation advisory body. The foundation advisory body will have a say in selecting the service provider and will work with them to fine tune the operating rules of the service.
86. After a clearer idea of the set-up and operating costs of the reserve scheme is determined with the service provider and advisory body, another, more targeted consultation process will be held to obtain feedback on the proposed funding and levies for the reserve scheme. The levies will be finalised after incorporating the feedback as required.
87. The reserve scheme is scheduled to be in place by May 2010.
Indicative timetable
| By | |
|---|---|
| Analysis of submissions | End August 2009 |
| Report to Minister recommending the operating rules and governance arrangements of the reserve scheme | End September |
| Governance arrangements and operating rules of the reserve scheme finalised | End September |
| Tender to provide reserve scheme open. Advisory body appointment process started | Early October |
| Tender closes | Mid November |
| Advisory body appointed | Early December |
| Successful service provider announced | Early December |
| Levy system discussion paper released for consultation | December |
| Deadline for submissions to levy discussion paper | February 2010 |
| Advisory body to commence working with MCA and service provider to establish reserve scheme procedures, rules, etc | February |
| Submissions analysed and levy regulations finalised | End March |
| Levy regulations implemented | April |
| Reserve scheme established | May 2010 |
Failure to receive satisfactory responses to the tender to provide dispute resolution services
88. In the event that there are no applications that sufficiently meet the criteria for delivering the reserve scheme dispute resolution services, the Ministry of Consumer Affairs will consider courses of action which could include:
- Approaching a particular service provider who tendered to determine whether it could modify the service or terms sufficiently to reconsider acceptance of the tender; or
- Approaching an approved dispute resolution scheme to deliver a dispute resolution service for the reserve scheme as a separate operation; or
- Retendering for a service provider.
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