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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 236
Appointment of dispute resolution officers
236 Appointment of dispute resolution officers
(1) The chief executive must appoint appropriately qualified persons as
department conciliators and department adjudicators (
"department appointees" ) for conducting the dispute resolution service.
(2)
A department appointee— (a) is appointed under the Public Sector Act 2022 ;
and
(b) may hold the office of department appointee as well as an appointment
to perform another role under that Act; and
(c) is appointed for conducting
the dispute resolution processes stated in the appointment for applications
referred to the department appointee.
(3) Also, the chief executive may enter
into a contract with an appropriately qualified person under which the
person— (a) agrees to provide department adjudication or department
conciliation; and
(b) is appointed as a department adjudicator for conducting
department adjudication, or as a department conciliator for conducting
department conciliation, for applications referred to the person while the
contract is in force.
(4) A person appointed under subsection (3) is
appointed under this Act and not the Public Sector Act 2022 .
(5) A person
may be appointed under this section for conducting both department
conciliation and department adjudication. Note— See, however, section 267
(2) .
(6) A person is appointed for specialist mediation, specialist
conciliation or specialist adjudication, in the way provided in this chapter,
only on a case by case basis. Note— Part 7 deals with specialist mediation
and conciliation and part 8 deals with specialist adjudication.
(7) In this
section—
"appropriately qualified" , for appointment to conduct a dispute resolution
process, means having the qualifications, experience or standing appropriate
for conducting the dispute resolution process.
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