17Participation in appropriate dispute resolution

17 Participation in appropriate dispute resolution

(1) A party to an appropriate dispute resolution process may withdraw from the process at any time.

(2) A person who is under the age of 16 years but of or over the age of 10 years (a young person) may participate in an appropriate dispute resolution process if accompanied by a parent or guardian or an independent person.

(3) For the purposes of subsection (2), an independent person is—

(a) a person nominated by or acceptable to the young person; or

(b) if no person is nominated by or acceptable to the young person, a person who is chosen by the Commission and is not an excluded person.

(4) For the purposes of subsection (3), the following are excluded persons—

(a) an affected person;

(b) the referrer;

(c) the person who is the subject of the referral;

(d) any other person who is already a party to the appropriate dispute resolution process;

(e) a person who has provided information to the Commission on a request under section 10(2) in relation to the referral;

(f) a person to whom an investigation request has been made in relation to the referral;

(g) a person whose name appears in any information, document or thing provided to the Commission on a request under section 10 or an investigation request in relation to the referral.

(5) Unless it is not practicable to do so, the Commission must ensure that an independent person chosen under subsection (3)(b) is—

(a) involved in the care or supervision of the young person; and

(b) of the same gender as the young person or, if the young person identifies as being of a particular gender, that gender.

(6) Participation in an appropriate dispute resolution process does not affect the right of a party to the process to take action under any other law.