WAIA | Western Australian Internet Association – Western Australian Internet Association

WAIA Arbitration is a voluntary process available to any individual member of WAIA involved in a dispute with a WAIX member of WAIA.

An arbitration request form is available on our web site at http://www.waia.asn.au/content/application-arbitration. The form should be filled out and submitted or mailed to the WAIA board.

The WAIA Board will have the power to determine that a request is frivolous, with such a ruling requiring a majority vote of WAIX and non WAIX board members. The applicant will receive a response informing of this decision, and offering the option of bringing the complaint before the next general meeting.

A complaint which is determined to be valid by the board or the membership will have a date set for a hearing. The date, time, and identity of the panel hearing the complaint will be emailed or posted to involved parties a minimum of 21 days before the hearing, unless all parties agree to a shorter period.

Hearings will be held at the offices of WAIA at Suite 1, 884 Beaufort Street, Inglewood, typically on a weekday evening at 5PM, or at another location or time as agreed to by all parties.

A panel will be nominated for your hearing, and the panelists' names will be emailed to you and the other party beforehand. The panel will comprise one member, or three if either party so elects. If the panel comprises one member, it shall be a representative from the Western Australian Society for Computers and the Law Inc, as selected by its President. If three people comprise the panel, they will be selected as follows:

1. A representative from the Western Australian Society for Computers and the Law Inc, as selected by its President.
2. A volunteer from a WAIX member of WAIA. If there is more than one volunteer, one will be chosen at random.
3. A volunteer from the individual membership of WAIA. This person may not be employed by a WAIX. If there is more than one suitable volunteer, one will be chosen at random.

Each nominee must sign a declaration indicating that they believe themselves to be impartial in this matter.

The identities of these persons will be provided to all parties before the hearing, and any either party may object to its composition within 7 days. Another person will be chosen by the same process until a panel is selected that is agreeable to all parties.

The intention of this hearing is to achieve a negotiated outcome, so the parties must be directly represented. In the case of a WAIX member, it must be represented by one of its employees or officers.

Any person may speak as a witness for either party at the hearing, and affidavits may be entered. The panel may also ask for expert advice from other parties, at their discretion.

The meeting is held in private, although interested parties may apply beforehand to be present. Either party may request that any spectator be removed.

The object of the hearing is to achieve a negotiated outcome. Where possible, the panel will attempt to find a solution that is acceptable to both parties.

However, parties to the hearing will sign a waiver agreeing to any orders given by the arbitration committee.

If any party still feels aggrieved, standard legal action is still available. However, it is likely that the other party will enter the ruling of the arbitration committee before the court and that it will have some authority.

There will be no charge for the hearing of complaints. Should the process be deluged by petty requests, it is intended that a small refundable application fee may be applied, any portion of which may be retained by WAIA if the application is considered frivolous.