sec.41Investigation procedure

sec.41 Investigation procedure

Subject to this Act, the procedure for investigating a land access dispute referral is the procedure decided by the land access ombudsman. If practicable, the procedure must involve an alternative dispute resolution process to resolve the land access dispute. The alternative dispute resolution process— may be a process of any type, including, for example, case appraisal, conciliation or mediation; and must not bind the parties. The land access ombudsman, in carrying out an investigation— is not bound by the rules of evidence, but must comply with natural justice; and may, but is not required to, hold meetings and conduct interviews for the investigation; and may make inquiries the ombudsman considers appropriate, including consulting with an entity with relevant technical expertise about the land access dispute referral and requesting information from government entities relevant to a land access dispute referral; and may advise each party about the merits of their position in relation to the land access dispute referral; and may, if the ombudsman considers a party would benefit from health advice, treatment or care, provide the party with information about entities that provide the advice, treatment or care; and must act in a way that is fair, reasonable, just, timely and maintains confidentiality. Nothing said by a person to the land access ombudsman or an officer in an alternative dispute resolution process during an investigation is admissible in evidence in a proceeding without the person’s consent. (sec.41-ssec.1) Subject to this Act, the procedure for investigating a land access dispute referral is the procedure decided by the land access ombudsman. (sec.41-ssec.2) If practicable, the procedure must involve an alternative dispute resolution process to resolve the land access dispute. (sec.41-ssec.3) The alternative dispute resolution process— may be a process of any type, including, for example, case appraisal, conciliation or mediation; and must not bind the parties. (sec.41-ssec.4) The land access ombudsman, in carrying out an investigation— is not bound by the rules of evidence, but must comply with natural justice; and may, but is not required to, hold meetings and conduct interviews for the investigation; and may make inquiries the ombudsman considers appropriate, including consulting with an entity with relevant technical expertise about the land access dispute referral and requesting information from government entities relevant to a land access dispute referral; and may advise each party about the merits of their position in relation to the land access dispute referral; and may, if the ombudsman considers a party would benefit from health advice, treatment or care, provide the party with information about entities that provide the advice, treatment or care; and must act in a way that is fair, reasonable, just, timely and maintains confidentiality. (sec.41-ssec.5) Nothing said by a person to the land access ombudsman or an officer in an alternative dispute resolution process during an investigation is admissible in evidence in a proceeding without the person’s consent.