Victorian Current Acts

DISABILITY ACT 2006 - SECT 116

    (1)     If—

        (a)     the Disability Services Commissioner decides to consider a complaint in whole or in part; and

        (b)     the Disability Services Commissioner considers that the complaint is suitable for conciliation—

the Disability Services Commissioner must make all reasonable endeavours to conciliate the complaint.

    (2)     The purpose of conciliation is to encourage the settlement of the complaint by—

S. 116(2)(a) amended by No. 22/2012 s. 46.

        (a)     arranging for the service provider and the person who made the complaint to hold informal discussions about the complaint; and

        (b)     facilitating those discussions; and

S. 116(2)(c) amended by No. 22/2012 s. 46.

        (c)     if possible, assisting the service provider and the person who made the complaint to reach agreement.

    (3)     Unless section 120 applies, within 14 days after the Disability Services Commissioner decides to conciliate the complaint, the Disability Services Commissioner must—

S. 116(3)(a) amended by No. 22/2012 s. 46.

        (a)     give written notice of the decision to conciliate the complaint to the service provider and the person who made the complaint; and

S. 116(3)(b) amended by No. 22/2012 s. 46.

        (b)     include in the notice details of the arrangements made for conciliation discussions between the service provider and the person who made the complaint; and

S. 116(3)(c) amended by No. 22/2012 s. 46.

        (c)     state in the notice that a service provider may make submissions for the conciliation to the Disability Services Commissioner.

S. 116(4) amended by No. 22/2012 s. 46.

    (4)     The Disability Services Commissioner may require the person who made the complaint and the service provider to attend a conciliation either personally or by a representative who has authority to settle the matter on their behalf.

S. 116(5) amended by No. 22/2012 s. 46.

    (5)     If agreement with respect to the subject matter of the complaint is reached following the conciliation, the person who made the complaint or the service provider may within 30 days after agreement is reached request a written record of the conciliation agreement.

    (6)     If a written record of the conciliation agreement is requested—

        (a)     the Disability Services Commissioner must prepare the record;

S. 116(6)(b) amended by No. 22/2012 s. 46.

        (b)     the record must be signed by or on behalf of the person who made the complaint and the service provider;

        (c)     the Disability Services Commissioner must certify the record signed under paragraph (b);

S. 116(6)(d) amended by No. 22/2012 s. 46.

        (d)     the Disability Services Commissioner must give a copy of the certified record to the person who made the complaint and the service provider.

    (7)     Evidence of anything said or admitted during the conciliation process is not admissible in proceedings before a court or tribunal.