61Conciliation agreements

61 Conciliation agreements

(1) If, following conciliation, the parties to the complaint reach agreement with respect to the subject-matter of the complaint—

S. 61(1)(a) amended by No. 22/2016 s. 207(a).

(a) at the request of any party made within 30 days after agreement is reached, a written record of the conciliation agreement is to be prepared by the parties or the Health Complaints Commissioner; and

S. 61(1)(b) amended by No. 22/2016 s. 207(b).

(b) the record must be signed by or on behalf of each party and certified by the Health Complaints Commissioner; and

S. 61(1)(c) amended by No. 22/2016 s. 207(c).

(c) the Health Complaints Commissioner must give each party a copy of the signed and certified record.

(2) Any party, after notifying in writing the other party, may lodge a copy of the signed and certified record with the Tribunal for registration.

(3) Subject to subsection (4), the Tribunal must register the record and give a certified copy of the registered record to each party.

(4) If the Tribunal, constituted by a presidential member, considers that it may not be practicable to enforce, or to supervise compliance with, a conciliation agreement, the Tribunal may refuse to register the record of the agreement.

(5) On registration, the record must be taken to be an order of the Tribunal in accordance with its terms and may be enforced accordingly.

(6) The refusal of the Tribunal to register the record of a conciliation agreement does not affect the validity of the agreement.