43—Compulsory conciliation conferences
(1) The Tribunal may, at an initial directions hearing or at any other time, require parties to any proceedings to attend a compulsory conciliation conference (a "compulsory conference").
(2) The Tribunal must, if so required by the rules or a relevant Act, require parties to attend a compulsory conference.
(3) However, subject to a relevant Act, the Tribunal may dispense with a conference in prescribed circumstances.
(4) A conference must be commenced within the time fixed by the rules.
(5) The purpose of a compulsory conference is to identify, clarify and narrow the issues in the proceedings and to promote the resolution of the matters by a settlement between the parties.
(6) A compulsory conference may, at the discretion of the member of the Tribunal presiding at the conference, be adjourned or reconvened from time to time.
(7) However, in any event, the proceedings constituting a compulsory conference should not run over a period exceeding 6 weeks (unless the member of the Tribunal presiding at the conference considers that good reasons exist that justify an extension of time for attempting to settle the matter).
(8) If the period in which proceedings constituting a compulsory conference are conducted is extended beyond 6 weeks, the member of the Tribunal presiding at the conference must ensure that the good reasons justifying the extension of time are recorded on the file maintained by the Tribunal in relation to the matter and that a record of the reasons is issued to the parties.
(9) Unless the member of the Tribunal presiding at the conference directs otherwise, a compulsory conference is to be held in private.
(10) Subject to this section and except to the extent to which the rules may specify the procedure for a compulsory conference, the member of the Tribunal presiding at a compulsory conference may determine the procedure for the conference.
(11) The member of the Tribunal presiding at a compulsory conference may—
(a) require a party to the proceedings to furnish particulars of his or her case;
(b) determine who, apart from the parties to the proceedings (and their representatives), may be present at the conference;
(c) subject to subsection (15), record any settlement reached at a conference and make any determination or order (including an order under, or for the purposes of, a relevant Act) necessary to give effect to a settlement;
(d) on his or her own initiative, close the conference at any time if, in his or her opinion, settlement cannot be reached;
(e) advise the Tribunal if the conference does not reach a settlement within a reasonable time;
(f) permit a party to withdraw from the proceedings (and make any consequential order that is appropriate in the circumstances);
(g) determine a matter against any party who obstructs or delays the conference, fails to attend the conference, or fails to comply with a rule or order of the Tribunal and, in so doing, make any order as the member of the Tribunal thinks fit (including an order as to costs);
(h) do such other things as the rules of the Tribunal so provide.
(12) Despite section 22, the member of the Tribunal presiding at a compulsory conference may not refer a question of law to a Full Bench of the Tribunal.
(13) If settlement of a matter is not reached at a compulsory conference, the member of the Tribunal presiding at the conference—
(a) must give to the parties an assessment of the merits of the party's case; and
(b) must seek to recommend ways to resolve any matter in dispute.
(14) Evidence of anything said or done in the course of a compulsory conference under this section is inadmissible in proceedings before the Tribunal except by consent of all parties to the proceedings.
(15) The member of the Tribunal presiding at a compulsory conference—
(a) must not accept a settlement that appears to be inconsistent with a relevant Act (but he or she may adjourn the proceedings to enable the parties to explore the possibility of varying the settlement to comply with a relevant Act); and
(b) may decline to accept a settlement on the basis that the settlement may materially prejudice any person who was not represented at the conference but who has a direct or material interest in the matter.
(16) If the member of the Tribunal presiding at a conference is unable to continue with the conference, another member of the Tribunal may be appointed to continue and complete the conference.
(17) Unless all parties to the proceedings agree to his or her continued participation, the member of the Tribunal who presided at the conference is disqualified from sitting as a member of the Tribunal for the purpose of hearing and determining the matter.
(18) A registrar is expressly authorised to constitute the Tribunal for the purposes of this section.
(19) The rules may set out circumstances where the outcome of any proceedings under this section (including details of a settlement) are to be available to members of the public.