Administration
11 Code Committee
12 Role of Committee
13 Appointment of Conciliator
14 Role of Conciliator
15 Dispute Resolution - Informal
16 Dispute Resolution - Conciliation
17 Conciliation Proceedings
18 Internal Dispute Resolution & Compliance
19 Publicity Procedures
20 Reporting Procedures
21 Retaliatory Conduct Prohibited
22 Referral of Matters to the ACCC
23 Code Review & Evaluation
24 Code Accession & Privacy Consent
Glossary

17

Conciliation Proceedings

17.1 Subject to this Code the Conciliator shall determine his/her own procedures and, prior to the Conciliator dealing with the matter, the Conciliator will require the parties to enter into a conciliation agreement in the form of Appendix 4 or in such other form as the Conciliator may consider to be appropriate in the circumstances (Conciliation Agreement).  Each of the parties must execute the Conciliation Agreement and return it to the Conciliator (by facsimile transmission or email in the first instance, if possible) without delay and, in any event, within 24 hours of receipt of the Conciliation Agreement from the Conciliator (which may be supplied to the parties by facsimile transmission or email).


17.2 The Conciliator, acting reasonably, will determine the time and date for the conciliation proceedings and, where possible will include that information in the Conciliation Agreement supplied to the parties to the dispute.


17.3 Proceedings may include, for example:

17.3.1  hearings in the capital city of the State in which the dispute occurs;

17.3.2  telephone or video conferences;

17.3.3  exchange of submissions, documents and information by facsimile and/or mail and/or email;

17.3.4  opportunities for the parties adequately to state their case, and to correct or contradict any relevant statement prejudicial to it; and

17.3.5  ensuring that relevant documents considered by the Conciliator are disclosed to the parties to the dispute subject to their acquiescence.


17.4 Proceedings shall be as informal as is consistent with the proper hearing of the matter.


17.5 Parties shall not be allowed legal representation before the Conciliator, except that:

17.5.1  an in-house employee of a party who is legally qualified may represent that party before the Conciliator; and

17.5.2  a legally qualified support person who is not an employee of a party may attend the conciliation proceedings to consult with, and provide assistance to, that party provided that the person does not present or seek to present that party's position before the Conciliator.


17.6 Each party to conciliation proceedings will ensure that either:

17.6.1  its representative in those proceedings is authorised to settle the dispute on behalf of the party (including, without limitation, by acceptance of a recommendation of the Conciliator); or

17.6.2  arrangements are in place for the provision of a timely response by that party to any proposed settlement of the dispute (including, without limitation, by acceptance of a recommendation of the Conciliator).


17.7 All communications in relation to the conciliation of the dispute shall be in confidence and without prejudice.  For the avoidance of doubt, the obligations of the confidentiality under this section apply to the parties to the dispute and their respective related bodies corporate (as that expression is defined in the Corporations Act 2001 (Cwth)).


17.8 No documents brought into existence by a disputant for the purpose of the conciliation process may be tendered in evidence by a party other than that disputant in any litigation of the dispute.


17.9 The parties shall report back to the Conciliator within fourteen days on actions taken on any recommendation made by the Conciliator.



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Downloads:

Download the Code

Download the Signatory Application/Update Form (MS Word format)

FEDCAC Film Exhibition and Distribution Code Administration Committee View the Code introduction guidelines administration Committee Information Committee members information bulletins Code Secretariat Dispute Resolution Dispute resolution procedures conciliator's reports Conciliation