Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_78
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 78
Character Range: 59812–60901

78  Suspending or terminating a conciliation
 (1) A conciliator may suspend or terminate a conciliation if they form the view that conciliation is no longer suitable for resolving the dispute.
 (2) The circumstances in which a conciliator may suspend or terminate a conciliation include, but are not limited to, where the conciliator forms the view that:
 (a) a participant is unable or unwilling to participate or continue in the conciliation; or
 (b) a participant is misusing the conciliation; or
 (c) a participant is not engaging in the conciliation in good faith; or
 (d) the safety of one or more participants may be at risk;
 (3) The conciliator may also suspend or terminate a conciliation where the participants agree that the conciliation be suspended or terminated.
 (4) The conciliator must terminate a conciliation if a participant withdraws their agreement to conciliate.
 (5) In accordance with the agreement to conciliate given pursuant to section 74A above, a participant who withdraws their agreement to conciliate may be required to pay the costs of the conciliation.