Div 5Mediation of complaint

Division 5 Mediation of complaint

10.54 Application of Division

(1) This Division applies if:

(a) in making the preliminary assessment of the complaint, the Secretary decided that the complaint should be resolved by mediation under this Division; or

(b) the Secretary has unsuccessfully endeavoured to resolve the complaint by negotiation and has decided to refer the complaint for mediation under this Division; or

(c) the parties to the complaint have agreed to refer the complaint for mediation under this Division.

(2) This Division does not apply if the Secretary has decided not to deal any further with the complaint.

10.55 Referral to mediator

(1) The Secretary may refer the complaint, and any other material before the Secretary about the complaint, for mediation by a person appointed by the Secretary, in writing, as a mediator.

(2) The Secretary may appoint the person if the Secretary is satisfied that:

(a) the person has the qualities and experience necessary to carry out the duties of a mediator; and

(b) there would not be a conflict between the person’s duties as mediator and any interests or other duties of the person.

(3) The mediator is appointed for the term stated in the mediator’s appointment.

(4) The mediator may resign the appointment by signed notice of resignation given to the Secretary.

10.56 Secretary must tell parties about mediation

The Secretary must tell the parties in writing about the referral, how the mediation process works, and the arrangements for the mediation:

(a) as soon as practicable, but within 7 days, after making the referral; and

(b) at least 2 days before the day that mediation is to take place.

10.57 Role of mediators

(1) The mediator must endeavour to resolve the complaint by:

(a) bringing the parties together to discuss, and negotiate about, the complaint; and

(b) helping the parties to reach an agreement.

(2) However, participation by a party in the mediation is voluntary.

(3) The mediator is not subject to direction by anyone in carrying out his or her duties.

(4) In performing the mediator’s functions under this Division, the mediator must act consistently with any provisions of the Accountability Principles applying to the performance of the mediator’s functions.

Note The Accountability Principles set out various aspects of the access that a mediator may have to a residential care service in carrying out functions under these principles.