Body Corporate and Community Management Act 1997
sec.236Appointment of dispute resolution officers
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sec.236 Appointment of dispute resolution officers
The chief executive must appoint appropriately qualified persons as department conciliators and department adjudicators ( department appointees ) for conducting the dispute resolution service. A department appointee— is appointed under the Public Sector Act 2022 ; and may hold the office of department appointee as well as an appointment to perform another role under that Act; and is appointed for conducting the dispute resolution processes stated in the appointment for applications referred to the department appointee. Also, the chief executive may enter into a contract with an appropriately qualified person under which the person— agrees to provide department adjudication or department conciliation; and is appointed as a department adjudicator for conducting department adjudication, or as a department conciliator for conducting department conciliation, for applications referred to the person while the contract is in force. A person appointed under subsection (3) is appointed under this Act and not the Public Sector Act 2022 . A person may be appointed under this section for conducting both department conciliation and department adjudication. See, however, section 267 (2) . A person is appointed for specialist mediation, specialist conciliation or specialist adjudication, in the way provided in this chapter, only on a case by case basis. Part 7 deals with specialist mediation and conciliation and part 8 deals with specialist adjudication. In this section— appropriately qualified , for appointment to conduct a dispute resolution process, means having the qualifications, experience or standing appropriate for conducting the dispute resolution process. s 236 sub 2003 No. 6 s 78 ; 2007 No. 11 s 23 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.236-ssec.1) The chief executive must appoint appropriately qualified persons as department conciliators and department adjudicators ( department appointees ) for conducting the dispute resolution service. (sec.236-ssec.2) A department appointee— is appointed under the Public Sector Act 2022 ; and may hold the office of department appointee as well as an appointment to perform another role under that Act; and is appointed for conducting the dispute resolution processes stated in the appointment for applications referred to the department appointee. (sec.236-ssec.3) Also, the chief executive may enter into a contract with an appropriately qualified person under which the person— agrees to provide department adjudication or department conciliation; and is appointed as a department adjudicator for conducting department adjudication, or as a department conciliator for conducting department conciliation, for applications referred to the person while the contract is in force. (sec.236-ssec.4) A person appointed under subsection (3) is appointed under this Act and not the Public Sector Act 2022 . (sec.236-ssec.5) A person may be appointed under this section for conducting both department conciliation and department adjudication. See, however, section 267 (2) . (sec.236-ssec.6) A person is appointed for specialist mediation, specialist conciliation or specialist adjudication, in the way provided in this chapter, only on a case by case basis. Part 7 deals with specialist mediation and conciliation and part 8 deals with specialist adjudication. (sec.236-ssec.7) In this section— appropriately qualified , for appointment to conduct a dispute resolution process, means having the qualifications, experience or standing appropriate for conducting the dispute resolution process.