Mental Health Act 2014

On referring a complaint for conciliation, the Director must assign the task of conciliating the complaint to a member of the Complaints Office staff whose duties consist of or include the conciliation of complaints.

A conciliator’s function is to encourage the settlement of the complaint by —

arranging for the complainant and the respondent to hold informal discussions about the complaint; and

helping in the conduct of those discussions; and

if possible, assisting the complainant and the respondent to reach agreement.

Except as provided by subsections (4) and (5), neither the complainant nor the respondent may be represented by another person during the conciliation process.

The complainant may be represented by the complainant’s representative recognised under section 316(2).

The Director may allow either or both the complainant and the respondent to be represented if the Director is satisfied that the process will not work effectively otherwise.

Subsections (3), (4) and (5) do not prevent the personal attendance of any other person who may, in the opinion of the conciliator, help in the conciliation.

Evidence of anything said or admitted during the conciliation process is not admissible in proceedings before a court or tribunal.

Despite the Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in subsection (7) may be disclosed to the Parliamentary Commissioner for the purposes of an investigation under that Act.

If the conciliation process results in the settlement of a complaint between the complainant and the respondent, the conciliator must make a final report to the Director about the result of that process.

A report made under subsection (9) must include details of any agreement reached.

If the conciliation process fails to result in the settlement of a complaint between the complainant and the respondent, the Director may investigate the complaint if, in the Director’s opinion, an investigation is warranted, having regard to the likely costs and benefits of the investigation.