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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