Under the Wholesale Broadband Agreement (WBA), nbn and its customers agree to manage and resolve disputes that may arise under or in relation to the WBA in accordance with rules that are set out in Module G of the WBA - Head Terms (the Dispute Management Rules1). The same Dispute Management Rules apply to the nbn® Business Satellite Services (BSS) Interim Launch Agreement, Sky Muster® Plus (SMP) Interim Agreement, and Testing Arrangements that are published as Standard Forms of Access Agreement on nbn's website.
The Dispute Management Rules provide that certain functions and responsibilities, which contribute to the fair and efficient resolution of disputes, are to be performed by appointees to the roles of ‘Resolution Advisor’, ‘Pool Member’ and ‘Panel Member’. The functions and responsibilities of each role are described in the Dispute Management Rules.
nbn has made certain commitments in its Special Access Undertaking (SAU) about the way in which each of the appointees to these roles will be nominated and appointed, as well as the standard terms on which they will be appointed. These commitments are intended to ensure that the appointees can perform their functions and responsibilities independently of the parties to the dispute, thereby facilitating the achievement of fair and efficient dispute resolution outcomes using consistent and unbiased dispute resolution processes.
The ACCC has approved the following terms of appointment. These documents deal with the appointment of the Resolution Advisor, Pool Members and Panel Members.
The Approved Dispute Guidelines:
- apply to agreements entered into between nbn and Customer that incorporate the dispute resolution provisions of an nbn Standard Form Access Agreement under which nbn supplies carriage services; and
- are to be read in conjunction with the above agreement, nbn’s Special Access Undertaking, and the Commercial Arbitration Act 2010 (NSW).
On 30 October 2022, nbn extended Endispute Pty Ltd as Resolution Advisor for a further 6 months until 30 April 2023.
Following approval by the ACCC on 4 November 2022, nbn appointed the following persons as Pool Members until 30 November 2026:
- Albert Monichino QC
- Caroline Kenny QC
- Donna Ross
- James Robert (Jim) Holmes
- Malcolm Reeves Gracie
- Rob Nicholls
- Steve White
- Steven Goldstein
Following approval by the ACCC on 4 November 2022, nbn appointed the following persons as Pool Members until 3 March 2027:
- Dominique Hogan-Doran SC
- Gregory H Thorpe
- James Healy
- Mark Dempsey SC
- Michael J F Sweeney
- Philip N Argy