Western Australian Numbered Acts Western Australian Numbered Acts (1) If an attempt is
to be made to settle a complaint by conciliation, the Board is to refer the
complaint to the complaints assessment committee.
(2) The complaints
assessment committee is to commence conciliation procedures within
14 days of the complaint being referred to it under subsection (1)
and may for that purpose —
(a)
cause conferences of the complainant or person affected by the conduct of the
respondent and the respondent, or their representatives, to be arranged and to
be presided over by a person appointed in accordance with the regulations;
(b) give
advice and make recommendations to assist in the reaching of an agreement; and
(c)
cause the persons concerned, or any of them, either separately or together, to
appear before the complaints assessment committee.
(3) The Board may,
with the consent of each of the parties to that agreement, by order give
effect to an agreement negotiated under this Division.
(4) If the Board makes
an order under subsection (3) —
(a) the
terms of the agreement reached between the parties referred to in the order
are final and binding on those parties; and
(b) the
order may include any action that might have been taken by the State
Administrative Tribunal under section 79(1) or 80(1).
(5) Evidence of
anything lawfully said or done, or any record prepared and produced for the
purpose of conciliation, by a person in the course of the conciliation process
is not to be used in any subsequent consideration of the complaint by the
Board nor, unless that person waives the right to object, is it admissible in
evidence against that person in any subsequent civil proceedings concerning
the subject matter of the complaint.