Ombudsman Act 1973

The Ombudsman or a member of Ombudsman staff authorised to do so by the Ombudsman may, at any time, as part of an enquiry or an investigation of a complaint under section 15B, attempt to resolve the complaint by alternative dispute resolution in accordance with this Part.

The Ombudsman may authorise a conciliator or a mediator to mediate or conciliate the complaint under this Part.

Alternative dispute resolution must be conducted in private and in a manner that the Ombudsman thinks fit.

Participation by a party in alternative dispute resolution is voluntary and any party may withdraw from the alternative dispute resolution at any time.

A person who is under the age of 16 years but of or over the age of 10 years and accompanied by a parent or guardian or independent person may voluntarily participate in alternative dispute resolution.

The powers of the Ombudsman under Division 3 of Part IV do not apply to alternative dispute resolution conducted under this Part.

The Ombudsman or a member of Ombudsman staff may terminate alternative dispute resolution at any time.

The principal officer of an authority is not required to assist the Ombudsman or a member of Ombudsman staff during alternative dispute resolution however the principal officer may voluntarily participate in the alternative dispute resolution.

Any information provided or anything done by a party during alternative dispute resolution under this Part is not admissible in evidence in any proceeding before a court or tribunal where the proceeding relates to the subject matter of the complaint.

For the purposes of this section, an independent person is—

a person nominated by, or who is acceptable to, the person referred to in subsection (5); or

if no person has been nominated by, or is acceptable to, the person referred to in subsection (5), a person chosen by the Ombudsman who—

is not involved in the subject matter of the enquiry or investigation; and

where practicable, is—

involved in the care or supervision of the person referred to in subsection (5); and

of the same gender as the person referred to in subsection (5) or, if the person identifies as being of a particular gender, of that gender.