NSWIn ForceAct
Industrial Relations Act 1996
348Compulsory conference with respect to claims
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#### 348 Compulsory conference with respect to claims
348 Compulsory conference with respect to claims
> > (1) When a head contract of carriage is terminated, the carrier may notify the Industrial Registrar of any claim for compensation in respect of the termination.
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> > (2) Notification may be given instead by an association of contract carriers of which the carrier is a member.
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> > (3) Notification must be made within 3 months after the termination of the contract.
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> > (4) On notification, the Industrial Registrar must notify the President of the Commission.
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> > (5) The President of the Commission is to deal with the matter personally or allocate the matter to another Presidential Member.
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> > (6) A claim for compensation is to proceed by conciliation in the first instance.
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> > (7) The Tribunal, when attempting conciliation, is to do everything that to it seems proper to assist the parties to settle the claim. If a settlement is not achieved but further discussions are, in the opinion of the Tribunal, likely to produce a settlement, the Tribunal may arrange conferences of the parties or their representatives (whether or not presided over by the Tribunal).
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> > (8) If the parties reach an agreement, the Tribunal may make a determination in accordance with the agreement, which is to be in full settlement of the claim.
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> > (9) The Tribunal may summon a person to a compulsory conference—
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> > > (a) to confer, or
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> > > (b) to produce documents,
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> > in an endeavour to bring the parties to a settlement which will determine the matter concerned.
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> > (10) The Tribunal may direct that any person (including, but not limited to, a previous principal contractor) who or which is not a party to the notification referred to in subsection (3) is to be a party to a compulsory conference held under this section.
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> > (11) If conciliation does not settle the claim, the Tribunal is to deal with it by arbitration in accordance with section 349.
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> **s 348:** Am 1997 No 55, Sch 1.10 \[2\]; 2000 No 67, Sch 1 \[29\]; 2016 No 48, Sch 1 \[81\] \[82\]; 2023 No 41, Sch 1.2\[79\] \[80\].