43Enforceable agreements

43 Enforceable agreements (1) If agreement is reached between a complainant and provider in the course of the conciliation process, the agreement may be put in a form that is binding on them in accordance with subsection (2).

Health and Community Services Complaints Act 1998 26 (2) An agreement is not binding unless it is: (a) in writing; and (b) signed by all parties or their authorised representatives; and (c) entered into at least 14 days after the first agreement was reached. (3) Subsections (1) and (2) do not affect the effectiveness of an agreement reached outside the conciliation process. (4) A conciliator: (a) cannot be a party to an agreement between a complainant and provider relating to a matter that has been dealt with in the course of the conciliation process; and (b) cannot attest the signature of a party to a document that evidences the agreement.