South Australian Numbered Acts

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RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 104

104—Conciliation conference

        (1)         Before the Tribunal proceeds with the hearing of a matter under this Part, a compulsory conciliation conference between the parties must be held in accordance with section 43 of the South Australian Employment Tribunal Act 2014 .

        (2)         In connection with the operation of subsection (1), the Tribunal must not dispense with a conference under section 43(3) of the South Australian Employment Tribunal Act 2014 but the member of the Tribunal presiding at the conference may close the conference at any time if it appears to him or her that the matter should immediately be referred to the Tribunal for hearing and determination.

        (3)         When a matter is referred to a conference under section 43 of the South Australian Employment Tribunal Act 2014 , each party must, in accordance with the rules of the Tribunal

            (a)         disclose to the member of the Tribunal presiding over the conference the existence and nature of all evidentiary material in the party's possession relevant to the matter; and

            (b)         at the request of another party to the proceedings, give the party access to the relevant evidentiary material.

        (4)         However, if the member of the Tribunal presiding over the conference agrees, a party need not give another party access to evidentiary material if—

            (a)         the material is a paper, videotape, compact disc or other electronic recording of photographic material, or a report of surveillance; or

            (b)         the disclosure of the material could prejudice the investigation of a suspected offence.

        (5)         Despite section 43(14) of the South Australian Employment Tribunal Act 2014

            (a)         evidence of a settlement reached at a conference under that section is admissible (without the consent of all parties) in subsequent proceedings; and

            (b)         evidence of the offers made in the course of a conference under that section is admissible (without consent of all parties) in subsequent proceedings for the purpose of applying provisions for deciding questions about costs.



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