Western Australian Current Acts

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BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 - SECT 23

23 .         Role of conciliator

        (1)         In this section —

        conciliator means a person who is —

            (a)         a public service officer whose duties consist of or include the conciliation of complaints under this Act; or

            (b)         approved by the Building Commissioner as a person who may act as a conciliator under this Act.

        (2)         If —

            (a)         the Building Commissioner decides under section 11(1)(b) to commence a conciliation proceeding in respect of a complaint; or

            (b)         under the Building Services (Registration) Act 2011 section 51(2)(b) or 56(2)(b) the Building Services Board refers a complaint about a disciplinary matter to the Building Commissioner for a conciliation proceeding,

                the Building Commissioner must assign the conciliation proceeding to a conciliator.

        (3)         A conciliation proceeding may be commenced with or without the consent of the parties.

        (4)         A conciliator’s function is to encourage the settlement of a complaint and for that purpose the conciliator may —

            (a)         communicate with the parties; and

            (b)         arrange for the parties to hold conferences about the complaint and facilitate the conduct of those conferences; and

            (c)         give advice and make recommendations to assist in the reaching of an agreement.

        (5)         The conciliator may have regard to a report of the investigation of the complaint prepared under section 10 or 20 when giving advice and making recommendations.



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