Tasmanian Civil and Administrative Tribunal Act 2020
101Settlement of matter during compulsory conference
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101 Settlement of matter during compulsory conference
[Section 101 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) If the parties to proceedings, during a compulsory conference in relation to proceedings (other than a compulsory conference that the parties have been required to attend in accordance with section 134 ), reach a settlement in relation to the proceedings or part of the proceedings, the member of the Tribunal presiding at the compulsory conference may –
(a) if the member is a legally qualified member and the terms of the settlement are in a written agreement signed by or on behalf of the parties –
(i) accept the terms of the settlement and make any determination or order, including an order under, or for the purposes of, a relevant Act, necessary to give effect to the settlement; or
(ii) decline to accept the terms of the settlement; or
(b) if the member is not a legally qualified member and the terms of the settlement are in a written agreement signed by or on behalf of the parties – provide the written agreement to the Tribunal.
(2) The member of the Tribunal presiding at a compulsory conference –
(a) must decline to accept under subsection (1)(a) the terms of a settlement reached by the parties if the settlement appears to the member to be inconsistent with this Act or a relevant Act; and
(b) may decline to accept under subsection (1)(a) the terms of a settlement reached by the parties –
(i) on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter; or
(ii) if the member considers that the terms of the settlement are inappropriate.
(3) If the member of the Tribunal presiding at a compulsory conference declines to accept under subsection (1)(a) the terms of a settlement, the member may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with this Act or a relevant Act.