Western Australian Current Acts Western Australian Current Acts (1) Having accepted a
complaint and complied with section 328(6), the Director may, by negotiating
with the complainant and the respondent, attempt to bring about a settlement
of the complaint that is acceptable to the parties to it.
(2) For the purposes
of subsection (1), the Director may make any inquiries the Director considers
appropriate.
(3) If the complaint
is not settled under subsection (1) on or within 56 days after the day on
which the Director complies with section 328(6) or by the end of any extension
of that period under subsection (4), the Director must —
(a)
refer it for conciliation under section 332 if, in the Director’s
opinion, it is suitable to be dealt with under that provision; or
(b)
investigate it if, in the Director’s opinion —
(i)
it is not suitable to be dealt with under section 332;
and
(ii)
an investigation is warranted, having regard to the
likely costs and benefits of the investigation.
(4) The Director may
extend the period for attempting to bring about a negotiated settlement if it
is for the benefit of the complainant to do so.
(5) If the Director
decides a complaint is not suitable to be dealt with under section 332 and
does not warrant investigating, the Director must advise the complainant in
writing —
(a) of
the decision; and
(b) that
the Director will take no further action on the complaint.
(6) Evidence of
anything said or admitted during any negotiation conducted under subsection
(1) is not admissible in proceedings before a court or tribunal.
(7) Despite the
Parliamentary Commissioner Act 1971 section 20(3), evidence referred to in
subsection (6) may be disclosed to the Parliamentary Commissioner for the
purposes of an investigation under that Act.