Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Having accepted a
complaint and complied with section 37(3)(c), the Director may, by
negotiating with the complainant and the respondent, attempt to bring about a
settlement of the complaint that is acceptable to the parties to it.
(2) For the purposes
of subsection (1) the Director may make any inquiries the Director
considers appropriate.
(3) If within
56 days, or any longer period allowed under subsection (4), after
the date of complying with section 37(3)(c) the complaint has not been
settled under subsection (1), the Director must —
(a)
refer it for conciliation under section 39 if the Director is of the
opinion it is suitable to be dealt with under that section; or
(b)
investigate it if the Director is of the opinion that —
(i)
it is not suitable to be dealt with under
section 39; and
(ii)
an investigation is warranted, taking into account the
likely costs and benefits of the investigation.
(4) The Director may
extend that 56 day period if it is for the benefit of the complainant to
do so.
(5) If the Director
decides a complaint is not suitable to be dealt with under section 39 and
does not warrant investigating, the Director must advise the complainant in
writing of the decision and that the Director will take no further action on
the complaint.
(6) Evidence of
anything said or admitted during any negotiation conducted under
subsection (1) is not admissible in proceedings before a court or
tribunal.
(7) Despite the
Parliamentary Commissioner Act 1971 section 20(3), evidence referred
to in subsection (6) may be disclosed to the Parliamentary Commissioner
for Administrative Investigations for the purposes of an investigation under
that Act.
[Section 39B inserted by No. 33 of 2010
s. 43.]