Confidentiality of information given or agreement reached in conciliation process
43 Confidentiality of information given or agreement reached in conciliation process
Subject to subsection (2), a party must not disclose anything said or done in a conciliation or any agreement reached in a conciliation outside the process.
Penalty: In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
A party may disclose anything said or done in a conciliation outside the process with the consent of the person to whom the information relates.
Evidence of anything said or done in a conciliation is not admissible in any hearing or proceeding in a court or a tribunal.
Note
See section 152 for the authorised disclosure of information gained in the course of a conciliation process.
This section does not apply to an undertaking given under section 38(2) in the course of a conciliation.
This Act’s bill:Explanatory memorandumSecond reading speech
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