39Enforceable agreements

39 Enforceable agreements

(1)  Any agreement reached between a complainant and a health service provider in the course of the conciliation process may be put in a form that is binding on them.

(2)  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 –

(a) must not be a party to any agreement between a complainant and a health service provider relating to a matter that has been dealt with in a process of conciliation; and

(b) is not eligible to attest the signature of a party to a document that evidences such an agreement.