Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner,
or a person nominated by the Commissioner, may act as a conciliator for the
purposes of this section.
(2) A
conciliator’s function is to assist the parties to a transaction to
resolve a dispute about the transaction by —
(a)
arranging for the parties to hold informal discussions about the dispute; and
(b)
helping in the conduct of those discussions; and
(c) if
possible, assisting the parties to reach agreement.
(3) A conciliation
process is not to start or continue once proceedings before the State
Administrative Tribunal in relation to the transaction have been instituted.
(4) No party to a
transaction may be represented by another person during the conciliation
process unless the conciliator, on the ground that the process will not work
effectively without that representation, otherwise determines.
(5) Evidence of
anything said or admitted during the conciliation process —
(a) is
not admissible in proceedings before a court or tribunal, whether under this
Act or any other law; and
(b)
cannot be used as ground for an investigation or inquiry under this Act.
(6) Nothing in this
section —
(a)
prevents the parties to a transaction from resolving a dispute in relation to
the transaction at any time, whether through the conciliation process or not;
or
(b)
requires a conciliator to participate in a conciliation process or the
department to provide officers or other persons for that purpose.
(7) In this section
—
party , in relation to a transaction, includes a
person financially affected by the transaction even though the transaction was
not entered into by that person.
[Section 23C inserted by No. 34 of 1998
s. 9; amended by No. 55 of 2004 s. 1020; No. 58 of 2010 s. 90.]