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CSOS Practice Directive 02/2018

25 October 2018

Community Schemes Ombud Service Practice Directive 02/2018: Practice Directive on dispute resolution.

OBJECTIVE OF THE PRACTICE DIRECTIVE
The objective of the Practice Directive is to provide further information on the procedures and content requirements for dispute resolution applications lodged with the CSOS. Nothing in this Practice Directive supersedes or overrides the requirements of the CSOS Act. The CSOS retains the discretion to make decisions about the case management of individual dispute resolution applications as provided under Chapter 3, 4 and 5 of the Act.

The Practice Directive gives more information about the implementation of the dispute resolution in terms of the Community Schemes Ombud Service Act and does not replace the Act or the ability of the Chief Ombud to decide what is required for a particular dispute.

TABLE OF CONTENTS

PART ONE - DEFINITIONS AND INTRODUCTION
1. Definitions
2. Objective of the Practice Directive
3. Legislative Framework
4. Scope of Application

PART TWO - FILING OF APPLICATION
5. The Application
6. Communication with Applicants
7. Relief Sought
8. Confidentiality of information submitted
9. Internal Dispute Resolution
10. Response to Correspondences

PART THREE - ADMINISTRATION OF APPLICATION
11. Registration and Assessment of Dispute
12. Rejection of Application
13. Payment of Prescribed Fee
14. Notice to affected persons
15. Amendment or withdrawal of Application

PART FOUR - CONCILIATION OF DISPUTES
16. Referral to Conciliation
17. Notice of Conciliation
18. Conciliation Process/Rules for conciliation
19. Attendance of Conciliation Process
20. Conciliators Conduct

PART FIVE - ADJUDICATION OF DISPUTES
21. Matter that may be referred directly to Adjudication
22. Referral to Adjudication
23. Investigation
24. Notice of Adjudication
25. Non-attendance by Parties
26. Adjudication Process / Rules for Adjudication
27. Legal Representation
28. Adjudication Order
29. Court Order
30. Adjudicators Conduct

PART SIX - ADJUDICATION ORDER
31. Enforcement of Adjudication Award
32. Amendment of Adjudication Orders

PART SEVEN - URGENT MATTERS
33. Urgent Matters

PART EIGHT - APPEAL PROCESS
34. When to lodge an Appeal
35. The Role of CSOS in Appeal process

PART NINE - GENERAL MATTERS
36. Dispute resolution process and confidentiality
37. Update and review of the Practice Directive
38. Commencement of the Practice Directive

CSOS Practice Directive No 2 of 2018

Reader Comments: 1
Anne 25/10/2018:

This is all very well, but when is CSOS going to get its administrative house in order? My ST scheme submitted revised conduct rules to CSOS Western Cape over two years ago, and we are still waiting for approval!

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