40Representation at conciliation

40 Representation at conciliation (1) A complainant or provider cannot be represented by another person in the conciliation process unless the permission of the Commissioner is obtained. (2) The Commissioner is not to give permission under subsection (1) unless satisfied that: (a) representation is likely to assist substantially in resolving the complaint; and (b) the person proposed has sufficient knowledge of the matters the subject of the complaint to enable the person to represent the complainant or provider effectively; and (c) the person proposed has authority to make appropriate admissions on behalf of the complainant or provider and to enter into binding conciliation agreements on behalf of the complainant or provider; and (d) the complainant or provider had notified the other party, in writing, not less than 48 hours before the request is made. (3) The permission of the Commissioner is subject to the conditions determined by the Commissioner. (4) A person representing a complainant or provider must not contravene a condition to which the permission is subject.

Health and Community Services Complaints Act 1998 25 (5) The Commissioner may revoke permission given under subsection (1) if a person representing a complainant or provider: (a) contravenes a condition to which the permission is subject; or (b) does anything that the Commissioner considers may inappropriately impede the conciliation process. (6) A conciliator may allow a person to attend the conciliation process in order to assist a party who is from a special needs group.