Resolving disputes under the Oilcode

Where a wholesale supplier and a customer are in dispute about failure to supply a declared petroleum product, the retailer or wholesale supplier may notify the DRA that the dispute exists and ask the DRA to attempt to resolve the dispute.

If the retailer or wholesale supplier notifies the DRA, they must, within a reasonable time, give the DRA evidence to support the complaint, including:

  • the nature of the complaint
  • the parties to the dispute 
  • the expected effect on the complainant of the disputed conduct.

If the wholesale supplier has not already provided information to the DRA about their failure to supply, the DRA may ask them to provide, as soon as practical but within six hours, specific records regarding their failure to supply the declared petroleum product to the retailer or relating to other matters relating to supplying declared petroleum products. The DRA may then make a non-binding determination about the dispute.  

Resolving disputes unrelated to supply of declared petroleum product

With respect to disputes unrelated to failure to supply declared petroleum products, the Oilcode requires that the parties involved must attempt to agree about how to resolve the dispute, unless the DRA is satisfied that there is no reason to attempt negotiation.

If the parties attempt to agree about how to resolve the dispute:

  • the parties may agree to refer the matter to a person to provide mediation or other assistance or
  • if the parties cannot agree to refer the matter: 
      • the parties must notify the DRA that they cannot agree, and
      • the DRA must appoint a person to provide mediation or other assistance within seven days after it has been notified.

The person providing mediation or other assistance must decide:

  • the time for providing the mediation or assistance
  • a place in Australia for providing the mediation or assistance.

The parties must try to resolve the dispute with the assistance of the person appointed.

In trying to resolve the dispute, a party may, with the agreement of the person appointed, be advised or otherwise assisted by another person.

The parties to the dispute are the only persons authorised by the Oilcode to enter into any agreement necessary to settle the dispute.

If the mediator thinks that the matters in dispute may also apply to other industry participants, the person may attempt to reach a general resolution to those matters, including by:

  • asking the supplier to raise the matters with its dealer council or
  • dealing with other disputes which have common features with the matter for which the mediator is appointed.

Related topics on the ACCC website

Mediation in Oilcode disputes in Industry codes of conduct
Who to contact when you have an Oilcode dispute?