19Resolution of complaint by conciliation

19 Resolution of complaint by conciliation

19 Resolution of complaint by conciliation

(1) If, in the President’s opinion, a complaint, other than a complaint the President has declined under section 22, may be resolved by conciliation, the President may, at any stage after accepting the complaint, try to resolve the complaint by conciliation.

(2) The President may, by written notice to the complainant or the respondent, require the complainant or respondent to appear before the President to try to resolve the complaint by conciliation.

(3) A notice under subsection (2) must not require the complainant to appear before the President with the respondent but may—

(a) require the complainant or respondent to appear separately, or

(b) invite the complainant to appear together with the respondent.

(4) An entity must comply with the terms of a notice under subsection (2).

Maximum penalty—

(a) for an individual—10 penalty units, or

(b) otherwise—50 penalty units.

(5) Evidence of anything said or done during conciliation proceedings under this section is not admissible in subsequent proceedings relating to the complaint.

(6) A written record must be prepared by the parties, and signed by or on behalf of each of the parties, of any agreement reached, following conciliation, about the subject matter of the complaint if a party requests the making of a record within 28 days after the agreement is reached.

(7) If a party to a recorded agreement considers that another party has not complied with the terms of the agreement, the party may, not later than 6 months after the date of the agreement, apply to the Tribunal to have the agreement registered.

Note—

See also the Civil and Administrative Tribunal Act 2013, section 41 which provides that the Tribunal may, of its own motion or on application by a person, extend the period of time for the doing of anything under any legislation in respect of which the Tribunal has jurisdiction.

(8) The party making the application must serve a copy of the application and the agreement on each other party.