Conciliation of disputes about transactions
23C Conciliation of disputes about transactions
The Commissioner, or a person nominated by the Commissioner, may act as a conciliator for the purposes of this section.
A conciliator’s function is to assist the parties to a transaction to resolve a dispute about the transaction by —
arranging for the parties to hold informal discussions about the dispute; and
helping in the conduct of those discussions; and
if possible, assisting the parties to reach agreement.
A conciliation process is not to start or continue once proceedings before the State Administrative Tribunal in relation to the transaction have been instituted.
No party to a transaction may be represented by another person during the conciliation process unless the conciliator, on the ground that the process will not work effectively without that representation, otherwise determines.
Evidence of anything said or admitted during the conciliation process —
is not admissible in proceedings before a court or tribunal, whether under this Act or any other law; and
cannot be used as ground for an investigation or inquiry under this Act.
Nothing in this section —
prevents the parties to a transaction from resolving a dispute in relation to the transaction at any time, whether through the conciliation process or not; or
requires a conciliator to participate in a conciliation process or the department to provide officers or other persons for that purpose.
In this section —
party, in relation to a transaction, includes a person financially affected by the transaction even though the transaction was not entered into by that person.
[Section 23C inserted: No. 34 of 1998 s. 9; amended: No. 55 of 2004 s. 1020; No. 58 of 2010 s. 90.]
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