17 |
Conciliation Proceedings |
| 17.1 |
Subject to this Code the Conciliator shall determine his/her own procedures and, prior to the Conciliator dealing with the matter,
the Conciliator will require the parties to enter into a conciliation agreement in the form of Appendix 4 or in such other
form as the Conciliator may consider to be appropriate in the circumstances (Conciliation Agreement). Each of the parties
must execute the Conciliation Agreement and return it to the Conciliator (by facsimile transmission or email in the first instance,
if possible) without delay and, in any event, within 24 hours of receipt of the Conciliation Agreement from the Conciliator (which
may be supplied to the parties by facsimile transmission or email).
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| 17.2 |
The Conciliator, acting reasonably, will determine the time and date for the conciliation proeedings and, where possible will
include that information in the Conciliation Agreement supplied to the parties to the dispute.
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| 17.3 |
Proceedings may include, for example:
17.3.1 hearings in the capital city of the State in which the dispute occurs; 17.3.2 telephone or video conferences; 17.3.3 exchange of submissions, documents and information by facsimile and/or mail and/or email; 17.3.4 opportunities for the parties adequately to state their case, and to correct or contradict any relevant statement prejudicial to it; and 17.3.5 ensuring that relevant documents considered by the Conciliator are disclosed to the parties to the dispute subject to their acquiescence. |
| 17.4 |
Proceedings shall be as informal as is consistent with the proper hearing of the matter.
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| 17.5 |
Parties shall not be allowed legal representation before the Conciliator, except that:
17.5.1 an in-house employee of a party who is legally qualified may represent that party before the Conciliator; and 17.5.2 a legally qualified support person who is not an employee of a party may attend the conciliation proceedings to consult with, and provide assistance to, that party provided that the person does not present or seek to present that party's position before the Conciliator. |
| 17.6 |
Each party to conciliation proceedings will ensure that either:
17.6.1 its representative in those proceedings is authorised to settle the dispute on behalf of the party (including, without limitation, by acceptance of a recommendation of the Conciliator); or 17.6.2 arrangements are in place for the provision of a timely response by that party to any proposed settlement of the dispute (including, without limitation, by acceptance of a recommendation of the Conciliator). |
| 17.7 |
All communications in relation to the conciliation of the dispute shall be in confidence and without prejudice. For
the avoidance of doubt, the obligations of the confidentiality under this section apply to the parties to the dispute and their
respective related bodies corporate (as that expression is defined in the Corporations Act 2001 (Cwth)).
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| 17.8 |
No documents brought into existence by a disputant for the purpose of the conciliation process may be tendered in evidence by a
party other than that disputant in any litigation of the dispute.
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| 17.9 |
The parties shall report back to the Conciliator within fourteen days on actions taken on any recommendation made by the Conciliator.
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Download the Code
Download the Signatory Application/Update Form (MS Word format)