Australian Capital Territory Numbered Acts

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HUMAN RIGHTS COMMISSION ACT 2005 (NO. 40 OF 2005) - SECT 61

Relationship between conciliation and consideration

    (1)     Conciliation of the complaint must be separate from, and independent of, any consideration of the complaint.

Examples

1     Information obtained during the conciliation must not be used for the consideration of the complaint.

2     A person considering a complaint must not conciliate, or take part in the conciliation of, the complaint.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However—

        (a)     the president may use information from the consideration to help with conciliation; and

        (b)     this section does not apply to a conciliation agreement, or part of a conciliation agreement, if the parties have agreed under section 63 to allow the commission to use the agreement or part.

Note     The president must also tell the other members of the commission about the end of conciliation (see s 65 (2)).



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