Tasmanian Numbered Regulations
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RAIL SAFETY REGULATIONS 1999 (S.R. 1999, NO. 105) - REG 6
Dispute resolution
(1) The following scheme is prescribed for the purposes of section 20(1)
of the Act.
(2) An application for a matter to be dealt with by conciliation or
mediation is to (a) be made in writing to the Minister in a manner
determined by the Minister; and
(b) contain information about the matter and
the grounds on which the application is made.
(3) The Minister is to, on receipt of an application under
subregulation (2) , after consultation with the applicant and the
Administrating Authority, appoint a suitable person to act as a conciliator or
mediator.
(4) For the purposes of conciliation proceedings (a) the
conciliator is to call a conference of the parties to the dispute and at that
conference seek to identify the issues and the possibilities of resolving the
matter by agreement; and
(b) the parties are to attend a conference under
paragraph (a) ; and
(c) a conference may be adjourned from time to time
by the conciliator; and
(d) the conciliator may at any time interview the
parties separately or together; and
(e) the conciliator may at any time bring
the proceedings to an end if the conciliator considers that the proceedings
will not result in an agreed settlement between the parties.
(5) For the purposes of mediation proceedings (a) the
parties are to attend before the mediator at a time and place determined by
the mediator; and
(b) the mediator is to hear the parties and seek to make
relevant determinations and recommendations about what should be an acceptable
outcome in the matter; and
(c) the mediator may adjourn any proceedings from
time to time; and
(d) the mediator may at any time interview the parties
separately or together; and
(e) the mediator may at any time bring the
proceedings to an end if the mediator considers that the proceedings will not
result in a resolution of the matter between the parties.
(6) A conciliator or mediator may otherwise inform himself or herself on
a matter as he or she thinks fit.
(7) Evidence of anything said or done in an attempt to resolve a matter
by conciliation or mediation under this regulation is not to be disclosed in
subsequent proceedings.
(8) Unless otherwise determined by the Minister, costs and expenses
associated with the appointment and work of a conciliator or mediator under
this regulation will be shared equally between the parties.
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