DISABILITY SERVICES ACT 1993 - SECT 39

DISABILITY SERVICES ACT 1993 - SECT 39

39 .         Conciliation of complaints

        (1)         On referring a complaint for conciliation the Director must assign the task of conciliating the complaint to a member of the staff whose duties consist of or include the conciliation of complaints.

        (2)         A conciliator’s function is to encourage the settlement of the complaint by —

            (a)         arranging for the complainant and the respondent to hold informal discussions about the complaint;

            (b)         helping in the conduct of those discussions;

            (c)         if possible, assisting the complainant and the respondent to reach agreement.

        (3)         During the conciliation process neither the complainant nor the respondent may be represented by another person, but —

            (a)         the complainant may be represented by his or her representative;

            (b)         if the Director is satisfied that the process will not work effectively otherwise, the Director may allow either party to be represented.

        (4)         Nothing in subsection (3) prevents the personal attendance of any other person who may, in the opinion of the conciliator, help in the conciliation.

        (5)         Evidence of anything said or admitted during the conciliation process is not admissible in proceedings before a court or tribunal.

        (6)         If the conciliation process fails to result in the settlement of a complaint between the complainant and the respondent, the Director may investigate the complaint, if of the opinion that an investigation is warranted, taking into account the likely costs and benefits of the investigation.

        [Section 39 amended: No. 44 of 1999 s. 22 and 23; No. 33 of 2010 s. 44; No. 40 of 2012 s. 15; No. 4 of 2015 s. 78.]