New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 13A

13A Dealing with complaint by conciliation

(1) The Ombudsman may, at any time, decide to attempt to deal with a complaint by conciliation under this section.

(2) The conciliator in any conciliation under this section is to be the Ombudsman or an officer of the Ombudsman. However, the conciliator may, with the agreement of the complainant, arrange for a mediator to assist in the conciliation.

(3) Participation in the conciliation by the parties to a complaint is voluntary, and either party may withdraw at any time. The conciliator may also terminate the attempt at conciliation at any time.

(4) Evidence of anything said or admitted during the conciliation (or attempted conciliation) and any document prepared for the purposes of any such conciliation are not admissible:

(a) in any subsequent investigation, under this Part, of the complaint concerned (unless the person who said or admitted the thing, or to whom the document relates, consents to its admission), or

(b) in any proceedings in a court or before a person or body authorised to hear and receive evidence.

(5) If an attempt to deal with a complaint by conciliation under this section is unsuccessful, the complaint is to be treated under this Part as if the attempted conciliation had not taken place. However, the conciliator is excluded from participating as an investigating officer in any investigation of the complaint.

(6) Nothing in this section prevents a complaint from being dealt with otherwise than in accordance with this section.