NOTICES AND REPRESENTATIVES. A notice issued under this VET Funding Contract by a Party (Notice) must be: in writing; signed by or on behalf of the Party giving it; and hand delivered or sent by pre paid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices specified on offer and acceptance documentation relating to this VET Funding Contract (as varied by any notice given by the recipient to the sender). A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of pre paid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are as follows: the Department’s representative is the Executive Director or the Deputy Secretary of the Department; and the Training Provider’s representative is the CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. The Parties must attempt to resolve all Disputes under this Clause 16 before commencing any court proceedings, except proceedings for urgent interlocutory relief. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this VET Funding Contract. This Clause 16 does not affect the rights of the Department, which includes all of its rights and its right to terminate this VET Funding Contract. The Parties must seek to resolve all Disputes acting in good faith and must not unreasonably delay or hinder the dispute resolution process provided for under this Clause 16. If a Party provides a Dispute Notice under this Clause 16, it is open to either Party to provide written notice of any other issue or dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been served by a Party, neither Party may issue a further Dispute Notice which recommences the Dispute resolution process as specified in this Clause 16 in respect of that Dispute without the consent of the other Party. A Party seeking to issue a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the issue of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, that which was commenced by the initial Dispute Notice. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within a further seven day period (Referral Period) to: in the case of the Department – its Executive Director or the Deputy Secretary of the Department, or his or her delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days of the last day of the Referral Period. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the CEO, the Department may refer the Dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC) according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the Parties will agree on a mediator within seven days of the referral, failing which a mediator will be provided by ACDC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs in relation to attendance at, and participation in, the mediation; and the cost of the ACDC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute pursuant to Clause 16.12, or the Dispute is not referred to mediation then the Department may refer the Dispute to the Secretary, or such other person nominated by the Secretary, as appropriate. A decision made pursuant to a referral under this Clause 16.14, will be final and binding on both Parties. This Clause 16 does not apply to a Dispute arising under Clause 11 or Clause 18 or Clause 13 of Schedule 1.
Appears in 5 contracts
Samples: Vet Funding Contract, Restricted Vet Funding, Restricted Vet Funding
NOTICES AND REPRESENTATIVES. A notice Notice issued under this VET Funding Contract by a Party (Notice) must be: in writing; signed by or on behalf of the Party giving it; and hand delivered or sent by pre paid prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices specified on offer and acceptance documentation relating as follows: for Notices to this VET Funding Contract (the Department, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any notice Notice given by the recipient Department; or for Notices to the sender)Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of pre paid prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are is as follows: the Department’s representative is the Executive Director or the Deputy Secretary of the DepartmentSecretary; and the Training Provider’s representative is the its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. The Parties A Party must attempt to resolve all Disputes under this Clause 16 before commencing not commence any court proceedingsproceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this VET Funding Contract. This Clause 16 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights and under, this Contract, including its right to terminate this VET Funding Contract. The Parties must seek to resolve all Disputes acting in good faith and must not unreasonably delay or hinder the dispute resolution process provided for under this Clause 16it. If a Party provides gives a Dispute Notice under this Clause 1615, it is open to either Party to provide written notice give a Notice of any other issue or disputedispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been served given by a PartyParty and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may issue give a further Dispute Notice which recommences the commences a new Dispute resolution process as specified in this Clause 16 in respect of for that Dispute without the consent of the other Party. A Party seeking to issue give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the issue giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that which was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within a further seven day period (Referral Period) 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of the Departmentof, or his or her their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the last day of the Referral Periodreferral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC) ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the Parties will agree on a mediator within seven days of the referral, failing which a mediator mediation will be provided by ACDCconducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in relation to attendance at, and participation in, the mediation; and the cost of the ACDC ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute pursuant to in accordance with Clause 16.1215.12, or the Dispute is not referred to mediation mediation, then the Department may refer the Dispute to the Secretary, Secretary or such other person nominated by the Secretary, as appropriate's nominee for determination. A decision made pursuant to under a referral under in accordance with this Clause 16.1415.14, will be final and binding on both Parties. This Clause 16 15 does not apply to a Dispute arising under Clause 11 or Clause 18 17 or Clause 13 11 of Schedule 1.
Appears in 3 contracts
Samples: Vet Funding Contract, www.education.vic.gov.au, www.education.vic.gov.au
NOTICES AND REPRESENTATIVES. A notice issued under this VET Funding Contract by a Party (Notice) must be: in writing; signed by or on behalf of the Party giving it; and hand delivered or sent by pre paid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices specified on offer and acceptance documentation relating to this VET Funding Contract (as varied by any notice given by the recipient to the sender). A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; or in the case of pre paid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this VET Funding Contract are as follows: the Department’s representative is the Executive Director or the Deputy Secretary of the Department; and the Training Provider’s representative is the CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. The Parties must attempt to resolve all Disputes under this Clause 16 before commencing any court proceedings, except proceedings for urgent interlocutory relief. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this VET Funding Contract. This Clause 16 does not affect the rights of the Department, which includes all of its rights and its right to terminate this VET Funding Contract. The Parties must seek to resolve all Disputes acting in good faith and must not unreasonably delay or hinder the dispute resolution process provided for under this Clause 16. If a Party provides a Dispute Notice under this Clause 16, it is open to either Party to provide written notice of any other issue or dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been served by a Party, neither Party may issue a further Dispute Notice which recommences the Dispute resolution process as specified in this Clause 16 in respect of that Dispute without the consent of the other Party. A Party seeking to issue a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the issue of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, that which was commenced by the initial Dispute Notice. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within a further seven day period (Referral Period) to: in the case of the Department – its Executive Director or the Deputy Secretary of the Department, or his or her delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days of the last day of the Referral Period. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the CEO, the Department may refer the Dispute to mediation administered by the Australian Commercial Disputes Centre (ACDC) according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the Parties will agree on a mediator within seven days of the referral, failing which a mediator will be provided by ACDC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs in relation to attendance at, and participation in, the mediation; and the cost of the ACDC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute pursuant to Clause 16.12, or the Dispute is not referred to mediation then the Department may refer the Dispute to the Secretary, or such other person nominated by the Secretary, as appropriate. A decision made pursuant to a referral under this Clause 16.14, will be final and binding on both Parties. This Clause 16 does not apply to a Dispute arising under Clause 11 10 or Clause 18 or Clause 13 of Schedule 1.
Appears in 2 contracts
