42GEvidence during conciliation process

### 42G Evidence during conciliation process > [*\[Section 42G of Part V Inserted by No. 99 of 2000, s. 23, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2000-099#GS23@EN) > > > (1)  During a conciliation process, a party to the process must provide the other parties to the process with any report or proof of evidence from a medical practitioner or other expert witness on whom the party intends to rely should the claim proceed to an arbitrated hearing before the Tribunal. > > > (2)  If a party fails to provide the report or proof of evidence referred to in [subsection (1)](#GS42G@Gs1@EN) during the conciliation process, the party may not adduce evidence from the medical practitioner or other expert witness at an arbitrated hearing before the Tribunal, unless the Tribunal otherwise allows. > > > (3)  Subject to [subsection (4)](#GS42G@Gs4@EN) , all discussions held with a conciliator during the conciliation process are confidential and without prejudice and any notes or other documents forming part of the conciliator's record are not to be disclosed to the Tribunal, except in relation to – > > > > > > (a) the provision of reasons to the Tribunal in support of a recommendation made by the conciliator; and > > > > > > > (b) the determination of costs as provided by [section 59](#GS59@EN) . > > > (4)  At the conclusion of the conciliation process, the conciliator is to give the Tribunal notice in the approved form of the outcome of that process. > > > (5)  Notice under [subsection (4)](#GS42G@Gs4@EN) is to – > > > > > > (a) identify and give the date of any expert report or proof of evidence given during the conciliation process; and > > > > > > > (b) identify the issues in dispute between the parties; and > > > > > > > (c) identify any agreed facts or concessions made by the parties during that process; and > > > > > > > (d) if the claim has been resolved, include details of the resolution.