Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 35

Conciliation agreements

35. Conciliation agreements



(1) If, following conciliation, the parties to the complaint reach agreement
with respect to the subject matter of the complaint-

   (a)  at the request of any party made within 30 days after agreement is
        reached, a written record of the conciliation agreement is to be
        prepared by the parties or the Privacy Commissioner; and

   (b)  the record must be signed by or on behalf of each party and certified
        by the Privacy Commissioner; and

   (c)  the Privacy Commissioner must give each party a copy of the signed and
        certified record.

(2) Any party, after notifying in writing the other party, may lodge a copy of
the signed and certified record with the Tribunal for registration.

(3) Subject to subsection (4), the Tribunal must register the record and give
a certified copy of the registered record to each party.

(4) If the Tribunal, constituted by a presidential member, considers that it
may not be practicable to enforce, or to supervise compliance with, a
conciliation agreement, the Tribunal may refuse to register the record of the
agreement.

(5) On registration, the record must be taken to be an order of the Tribunal
in accordance with its terms and may be enforced accordingly.

(6) The refusal of the Tribunal to register the record of a conciliation
agreement does not affect the validity of the agreement.