Commission may require attendance at alternative dispute resolution processes and production of documents
12E Commission may require attendance at alternative dispute resolution processes and production of documents
For the purposes of a designated alternative dispute resolution process conducted under this Act, the Commission may, subject to this section, require any person by notice in writing—
to attend a meeting at a time and place specified in the notice;
or
to produce, at a time and place specified in the notice, to the
Commission any document or thing described in the notice that is in the custody or under the control of the person, and that the Commission determines would benefit the resolution of the dispute.
Subsection (1)(b) does not apply to documents or things that—
are subject to legal professional privilege; or
contain commercial information of a confidential nature;
or
are subject to a confidentiality requirement under any other Act or law.
A person who, without reasonable excuse, refuses or fails to comply with a requirement in a notice under this section is guilty of an offence. Maximum penalty: Maximum penalty: $20 000. Expiation fee: $1 200.
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