Queensland Consolidated Regulations

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2009 - REG 68D

68D Other rules about conduct of conciliation

(1) If the parties to a proceeding agree to settle the proceeding, or a part of the proceeding at conciliation, the conciliator must discuss the following with the parties—

(a) the terms of the settlement;

(b) if the conciliator is a member, an adjudicator or the principal registrar—whether the terms will be recorded in writing under section 85 (2) of the Act and the orders the conciliator is to make to give effect to the settlement under that section;

(c) if the conciliator is not a member, an adjudicator or the principal registrar—

(i) whether the terms will be recorded in writing, signed by the parties and filed under section 85 (4) of the Act ; and

(ii) whether the parties consider tribunal orders are required to give effect to the settlement and, if so, the orders that the parties consider are required; and

(iii) the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the tribunal orders that the parties consider are required as mentioned in subparagraph (ii) ;

(d) anything else the conciliator considers may help the parties give effect to the settlement.

(2) Subrule (3) applies in relation to a proceeding, or a part of a proceeding, for a matter stated in a practice direction for the subrule.

(3) If a conciliator has attempted unsuccessfully to settle a proceeding or a part of a proceeding by conciliation, the conciliator must—

(a) in the way stated in the practice direction, help the parties to identify—

(i) the issues that are in dispute in the proceeding or part; and

(ii) the issues that are no longer in dispute in the proceeding or part; and

(b) discuss with the parties the things said or done in the conciliation that the parties agree may be admitted into evidence for the proceeding, including, for example, the issues identified under paragraph (a) .