Western Australian Numbered Acts Western Australian Numbered Acts (1) The Board may
refer to a committee a complaint that there is proper cause for disciplinary
action in respect of a person, for conciliation of the matter.
(2) The committee is
to commence conciliation procedures within 14 days of the complaint being
referred to it under subsection (1).
(3) The function of
the committee as conciliator is to encourage the settlement of the matter
by —
(a)
communicating with the persons concerned, or their representatives;
(b)
arranging discussions between the persons concerned, or their representatives,
and assisting in those discussions;
(c)
causing the persons concerned, or any of them or their representatives, either
separately or together, to appear before the committee; and
(d)
giving advice and making recommendations to assist in the reaching of
settlement.
(4) The Board may,
with the consent of each of the parties to a conciliation, by order give
effect to a settlement negotiated under this Division.
(5) If the Board makes
an order under subsection (4) —
(a) the
terms of the settlement reached between the parties referred to in the order
are final and binding on those parties; and
(b) the
order may include any matter that might have been ordered by the State
Administrative Tribunal under section 57.
(6) It is not a
function of the Board or a committee of the Board to conduct an arbitration of
a dispute.
(7) 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.