Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:11_169c
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 11 cl 169C
Character Range: 260797–262445

169C  Agreement about the terms of a decision etc.

 (1) If:
 (a) in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties or their representatives as to the terms of a decision of the Tribunal:
 (i) in the proceeding; or
 (ii) in relation to the part of the proceeding; or
 (iii) in relation to the matter arising out of the proceeding;
  that would be acceptable to the parties; and
 (b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and
 (c) 7 days pass after lodgment, and none of the parties has notified the Tribunal in writing that he or she wishes to withdraw from the agreement; and
 (d) the Tribunal is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Tribunal;
the Tribunal may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

 (2) If the agreement reached is an agreement as to the terms of a decision of the Tribunal in the proceeding, the Tribunal may, without giving the parties an opportunity of presenting their cases, make a decision in accordance with those terms.

 (3) If the agreement relates to:
 (a) a part of the proceeding; or
 (b) a matter arising out of the proceeding;
the Tribunal may, in its decision in the proceeding, give effect to the terms of the agreement without giving the parties an opportunity of presenting their cases so far as they relate only to the part or matter to which the agreement relates.