Part 5Conciliation of complaints

Part 5—Conciliation of complaints 35—Function of conciliator (1) The function of a conciliator is to encourage the settlement of a complaint by— (a) arranging discussions or negotiations between the complainant and the health or community service provider; (b) assisting in the conduct of those discussions or negotiations; (c) assisting the complainant and the health or community service provider to reach agreement; (d) assisting in the resolution of the complaint in any other way. (2) A conciliator may, if the conciliator thinks it appropriate to do so, undertake a conciliation without bringing the parties together. (3) For the purposes of undertaking a conciliation, a conciliator may request the parties to provide specified information or information of a specified kind that may be relevant for the settlement of the complaint to the conciliator. (4) A party to a conciliation may provide information in response to a request under subsection (3) but is under no obligation to do so. 36—Public interest (1) Before the conciliation of a complaint begins, the Commissioner must identify and inform the conciliator about any issue raised by the complaint that the Commissioner considers involves the public interest. (2) At the start of the conciliation, the conciliator must draw any issues involving the public interest of which he or she has been informed under subsection (1) to the attention of the complainant and the health or community service provider. (3) In the course of the conciliation, the conciliator must (at an appropriate time) draw to the attention of the parties any issues involving the public interest that the conciliator considers are raised by the complaint. (4) The conciliator must report to the Commissioner any issue involving the public interest that the conciliator considers is raised by the complaint (other than an issue identified under subsection (1)). (5) The Commissioner may, with respect to any issue that the Commissioner considers involves the public interest, consult with any other person or body despite the fact that a conciliation may be proceeding. 37—Assistance at conciliation (1) A party to a conciliation may be assisted by another person. (2) However, a party cannot be assisted by a particular person if the conciliator has directed that that person not be allowed to act in the particular matter. (3) A party in a conciliation process may not be represented by another person except where the Commissioner is satisfied that such representation is likely to assist substantially in resolving the complaint. 38—Reports from conciliator (1) Without limiting subsection (2), a conciliator must provide to the Commissioner a written report of the progress of a conciliation when requested to do so by the Commissioner. (2) A conciliator must provide to the Commissioner a written report of the results of a conciliation when the conciliator is satisfied— (a) that the complainant and the health or community service provider have reached agreement on all issues raised by a complaint on which the conciliator considers agreement to be possible; or (b) that an agreement between the complainant and health or community service provider is not possible, or is not possible to reach within a reasonable period of time. 39—Conciliation may be brought to an end (1) A conciliator may end a conciliation for any reasonable cause at any reasonable time. (2) A conciliation must be brought to an end at the direction of the Commissioner. (3) A conciliation must be brought to an end if the conciliation reveals, in the opinion of the conciliator or the Commissioner— (4) A conciliation must be brought to an end at the request of a party to the conciliation. (5) If a conciliation is brought to an end without resolution of all relevant matters, the Commissioner may— (a) refer the complaint to another conciliator; or (b) investigate the complaint under Part 6; or (c) deal with the complaint under Part 7; or (d) refer the complaint to another person or body; or (e) decide to take no further action on the complaint. 40—Privilege and confidentiality (1) Anything said or done during conciliation under this Part, or information provided for the purposes of conciliation under this Part, other than something that reveals a significant issue of public safety, interest or importance, is not to be disclosed in any other proceedings (whether under this or any other Act or law) except by consent of all parties to the conciliation. (2) Except where a disclosure is authorised under this Part, a conciliator must not disclose information gained during conciliation— (a) in any further conciliation; or (b) to any person appointed, employed or engaged for the purposes of this Act. 41—Professional mentor (1) The Commissioner may appoint a professional mentor to be available to advise a conciliator in the performance of his or her functions. (2) A conciliator may discuss any matter arising in relation to the performance of his or her functions with a professional mentor. (3) A professional mentor must not disclose to a third person (other than the Commissioner) information that was gained by a conciliator during conciliation and communicated by the conciliator to the professional mentor. 42—Enforceable agreements (1) Any agreement reached between a complainant and a health or community service provider in the course of the conciliation process may be made in a binding form. (2) However, an agreement is not binding unless it is— (a) in writing; and (b) entered into within 14 days after the verbal agreement is reached in the course of the conciliation. (3) Subsection (1) does not affect the effectiveness of any agreement reached outside the conciliation process. (4) A conciliator must not be a party to any agreement between a complainant and a health or community service provider relating to a matter that has been dealt with in a process of conciliation.