South Australian Current Acts South Australian Current Acts95—Conciliation of complaints lodged with Commissioner
(1) If the
Commissioner is of the opinion that a matter the subject of a complaint (other
than a complaint declined by the Commissioner under section 95A) may be
resolved by conciliation, the Commissioner must make all reasonable endeavours
to resolve the matter by conciliation.
(2) If the
Commissioner—
(a) has
received more than 1 complaint against the same respondent alleging the same
or similar issues of law or fact; and
(b) is
of the opinion that the most appropriate form of conciliation is by way of
joint conciliation,
the Commissioner may conciliate the matters jointly.
(3) The Commissioner
may, by notice in writing to the complainant or the person who is alleged to
have contravened this Act, require that person to attend at a time and place
specified in the notice for the purpose of conciliation.
(4) A person who
refuses or fails to comply with a requirement of the Commissioner under this
section is guilty of an offence.
Maximum penalty: $2 500.
(5) The Commissioner
may conduct conciliation proceedings as the Commissioner thinks fit,
including—
(a) by
conciliating the matter without bringing the parties into direct contact with
one another; and
(b) by
inviting persons other than the parties to attend the conciliation proceedings
(for example, by inviting representatives of an educational authority to
attend conciliation proceedings in a case involving sexual harassment between
students).
(6) A party to
proceedings is not entitled to be represented, or assisted, by a legal
practitioner in conciliation proceedings except with the authority of the
Commissioner.
(7) If a child is a
party to proceedings, the child is entitled to be supported in conciliation
proceedings by an adult who, in the opinion of the Commissioner, would be of
assistance in that role.
(8) For the purposes
of conciliating a matter, the Commissioner may make available to a particular
party to the proceedings books, papers or documents produced by other persons
for the purposes of an investigation that are likely, in the Commissioner's
opinion, to facilitate resolution of the matter (but the Commissioner must not
make records referred to in section 94(2b), or other documents containing
confidential or personal information, available without the consent of the
person concerned).
(9) Evidence of
anything said or done in the course of conciliation proceedings is not
admissible in proceedings under this Act or any other Act or law.