MEMO

TO:	DMS Contacts	
		
FROM:	Shirli Kirschner	
DATE:	7 February 2003	
SUBJECT:	Report to the DMS contacts- Clause 8.2.2 (d) 	

Dear all

The time has flown and in April we will come to the end of the initial project plan
The purpose of this note is to update you on what I have been doing since my last report in September last year!  I have done a general report, followed by an itemised list of tasks against the project plan.

1  Reporting generally

I have been a regular attendee at the NEMMIF, and attended the NGF forum.   I am trying to arrange to attend a NRF and NEDF forum. I have found keeping up with everyone difficult given how busy, and spread out you all are.  The eroom and emails do not elicit much feedback!

If anyone has any other ideas about how best to keep in touch please let me know.

2	DMS specific Functions

2.1	DMS Training Workshops

We have had DMS training workshops in Sydney and Brisbane in October which were well attended and well reviewed.  Melbourne unfortunately did not get the requisite numbers.  I am happy to run a program in Melbourne if the Victorians get together and give me a date that suits them.

We have edited the eroom to reflect which DMS contacts have been to training.  

2.2	Briefings and questions

I have had informal DMS round tables in Sydney, and Melbourne.  The feedback on these is that they are difficult to make given your workloads!

2.3	DRP round table

The participant fee dispute and the Integral, Sithe disputes have both been concluded through Stage 2.  I am sending an expression of interest for a round table to meet the Pool members who are available to constitute a DRP. This will provide an opportunity for them to discuss issues and observations of the process and for you and your advisers to meet them and get a feel for the process. 

3	Stage 2

3.1	The Pool

All the nominations have been considered and I have appointed the pool as provided under the Code.  A list together with cvs is available on the eroom. I am still hoping to add a person with Market expertise from Adelaide.  Please let me know if you have any suggestions. 

3.2	DRP

The pool members have been formally appointed. A draft contract has been prepared for use by the parties and the DRP in any specific dispute. This has been circulated for comments and will be finalised and placed in the eroom with the user notes for the DRP, in March.

3.3	Disputes

The Integral, Smithfield dispute was the first on to go to a hearing under the new Code. A copy of the decision and my comments are available on the NECA web site and the eroom.

I have had one other DMS notification to date. That issue was withdrawn.

4	Project Plan

In May 2002 I set out milestones that I would use to report to NECA and the DMS contacts so that my progress could be monitored. The following items of the project plan of May 2002 have been completed (using the numbering from that doc):

1	Adviser approved notices
1.1	Summary of Chapter 8
1.2	DMS referral notice ( form1)
1.3	Adviser Referral notice ( form 2)
1.4	Notification to the parties of referral to Adviser ( form 3)
1.5	Notification and format of publication of referral to DRP

2	Communication with the DMS
2.1	Eroom costing
2.2	Eroom map
In addition the eroom is operational and all users have passwords.

3	Set up an external panel for DRP/ other processes
3.1	Set up criteria for selection of Pool
3.5	Fees for the Adviser circulated
3.6	Fees for panel and cvs.
In addition the pool has been established and all their cvs are on the eroom. A standard form contract for use by the DRP has been prepared by Phillips Fox and finalised after input from the pool.

4	Adviser Guidelines
4.2	Form and  content of DMS
In addition a pro- forma (model) DMS has been circulated. 

5	Training and Information
5.1	Training needs analysis
5.3	Feedback to DMS contact people

The matters that are still outstanding are as follows:
3.2	User notes for mediation
3.3	Mediation guide
3.4	Mediation agreement
4.3	User notes for DRP ( in draft to be released)
5.2	Dialogue between DRP pool and DMS contact (proposal emailed)

I look forward to hearing from you on the matters in italics

Kind Regards
Shirli Kirschner
NECA Dispute Resolution Adviser