South Australian Consolidated Acts South Australian Consolidated Acts (1) The Commissioner
may in relation to a complaint to which this Act applies (being a complaint
made to a designated officer), if he or she considers it appropriate to do so,
attempt to resolve the matter by conciliation.
(2) The Commissioner
must not attempt conciliation in relation to a complaint except with the
agreement of the Authority.
(3) The Authority may
in relation to a complaint to which this Act applies (whether being a
complaint made to the Authority or a complaint of which the Authority has been
notified under section 18), if he or she considers it appropriate to do
so, attempt to resolve the matter by conciliation.
(4) The Commissioner
or the Authority may, in attempting conciliation under this section, act
personally or through some other person.
(5) The Authority,
before attempting conciliation in relation to a complaint, must notify the
Commissioner of his or her intention to do so and may request that any
investigation or further investigation of the complaint be deferred pending
the results of his or her action.
(6) Where conciliation
is to be attempted in relation to a complaint, the Commissioner may, or, at
the request of the Authority under subsection (5), must, direct that any
investigation or further investigation of the complaint by designated officers
be deferred pending the results of that action.
(7) Where conciliation
is attempted under this section by the Commissioner or the Authority, the one
must report to the other the results of his or her action.
(8) The Authority may,
if he or she is satisfied that the matter raised by a complaint has been
properly resolved by conciliation undertaken by him or her or by the
Commissioner, determine that the complaint should not be investigated or
further investigated under this Act.
(9) Where the
Authority makes a determination under subsection (8), he or she must, by
writing, notify the Commissioner and, unless the identity of the complainant
is not known, the complainant of the determination.
(10) Where the
Authority disagrees with an assessment of the Commissioner contained in a
report under subsection (7) that the matter raised by a complaint has
been properly resolved by conciliation undertaken by the Commissioner, the
Authority must, by writing, notify the Commissioner of his or her disagreement
and the reasons for his or her disagreement.