74Voluntary dispute resolution

#### 74 Voluntary dispute resolution 74 Voluntary dispute resolution > > (1) If a dispute arises under this Act or a public interest disclosure policy in connection with a disclosure that is or may be a voluntary public interest disclosure, an agency that is dealing with the disclosure may request the Ombudsman deal with the dispute under this section. > > > (2) The Ombudsman may deal with the dispute by conciliation and may arrange for a mediator to assist in the conciliation. > > > > Note. > > > > Under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), section 38A, the Ombudsman may charge the agency reasonable fees for conciliation services provided by the Ombudsman under this section. > > > (3) The Ombudsman may arrange for a member of staff of the Ombudsman’s Office or another person to conduct the conciliation on the Ombudsman’s behalf. > > > (4) Participation in the conciliation is voluntary and a party may withdraw at any time. > > > (5) Evidence of a statement or admission made during the conciliation, or a document prepared for the purposes of the conciliation, is not admissible— > > > > > (a) in a subsequent investigation arising from the disclosure, unless the person who made the statement or admission, or to whom the document relates, consents to the admission of the evidence in the investigation, or > > > > > (b) in proceedings in a court or before a person or body authorised to hear and receive evidence. > > > (6) The Ombudsman or person acting on the Ombudsman’s behalf may terminate the conciliation at any time. > > > (7) This section does not prevent the dispute from being dealt with otherwise than under this section. > > > (8) The regulations may make further provision about the Ombudsman’s functions under this section. > > > (9) In this section— > > > > dispute, in connection with a disclosure, includes a dispute about— > > > > > (a) whether the disclosure is in fact a voluntary public interest disclosure, or > > > > > (b) conduct or proposed conduct that constitutes or may constitute a detrimental action offence relating to the disclosure.