Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 56

Procedures before Conciliation Officers

56. Procedures before Conciliation Officers



(1) The Senior Conciliation Officer may give directions as to the arrangement
of the business of the Conciliation Officers.

(2) A Conciliation Officer must, having regard to the need to be fair,
economical, informal and quick, and having regard to the objects of the Act,
make all reasonable efforts to conciliate in connection with a dispute and to
bring the parties to agreement.

(3) A person who is a party to any dispute is not entitled to be represented
by a legal practitioner at any conciliation conference.

(4) The Conciliation Officer and each party to a dispute may agree to a party
being represented by a legal practitioner at a conciliation conference.

(5) A provider of a medical service or a provider of a service under section
99 or 99A who has examined a worker may, with the consent of the worker and at
the request of the Conciliation Officer-

   (a)  meet with the Conciliation Officer and answer questions; and

   (b)  supply relevant documents to the Conciliation Officer.

(6) A Conciliation Officer may refer a medical question to a Medical Panel for
an opinion under this Division.



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(8) If the Conciliation Officer is satisfied that sufficient information has
been supplied to him or her in connection with a dispute, the Conciliation
Officer may exercise functions under this Division-

   (a)  without having any conciliation conference; and

   (b)  without requesting further information from any party to the dispute.

(9) The Conciliation Officer may request a party who participates in a
conciliation to produce a document or a class of documents specified, or
provide information or information of a kind specified, that the Conciliation
Officer considers may be relevant to the resolution of the dispute.

(9A) If a party refuses or fails to produce any document or provide any
information requested under subsection (9), the document or information cannot
be tendered as evidence by that party in any proceedings under this Act which
relate to the dispute.

(10) A Conciliation Officer may at his or her discretion make any documents or
information provided under subsection (9) available to any other party.

(11) A person who, in connection with a dispute referred for conciliation,
makes a statement that the person knows to be false or misleading in a
material particular is guilty of an offence.

Penalty: 50 penalty units.