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Legislative Assembly for the ACT: 2004 Week 02 Hansard (Tuesday, 2 March 2004) . . Page.. 601 ..

(4) Except with the human rights commissioner’s consent—

(c) an individual is not entitled to be represented at a conference by someone else; and

(d) a body is not entitled to be represented at a conference by a person other than a member, officer or employee of the body.

(5) Evidence of anything said or done during conciliation in relation to a complaint is not admissible in any proceeding.

41M Conciliation 

(1) If, during or after investigation, the human rights commissioner decides that it is reasonably likely that a complaint may be resolved by conciliation, the commissioner must—

(a) tell the parties about the commissioner’s opinion; and

(b) try to resolve the complaint by conciliation.

(2) Evidence of anything said or done during conciliation in relation to a complaint is not admissible in any proceeding.

41N Conduct  of conciliation

Conciliation is to be conducted in the way the human rights commissioner considers appropriate.

41O Conciliation  unlikely or unsuccessful

(1) This section applies if—

(a) after investigation of a complaint, the human rights commissioner forms the opinion that resolution of the complaint by conciliation between the parties is not reasonably likely; or

(b) conciliation of the complaint has been unsuccessful.

(2) The human rights commissioner must—

(c) if subsection (1) (a) applies—tell the parties in writing about the commissioner’s opinion; and

(d) tell the complainant in writing—

(i) whether the commissioner has formed an opinion that the grievance on which the complaint was based arose from a contravention of a human right; and

(ii) if the commissioner has formed that opinion—whether the contravention was authorised by law; and

(iii) about any further action the complainant may take about the grievance; and

(e) dismiss the complaint.

Example for par (b)

The complainant may be able to take action in relation to the grievance through the court system, for example, through review of an administrative decision.

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