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Confidentiality during conciliation

The Commissioner’s conciliation service is confidential, and the conciliator aims to make conciliation as fair as possible for everyone.

  • Nothing said in the course of conciliation can be given as evidence in any proceedings (unless it is evidence of a criminal offence).
  • Internally, the Commissioner’s conciliators operate independently to his investigators. Any communication that takes place during conciliation is not disclosed to an investigator, and cannot be used as evidence in legal proceedings (unless it is evidence of a criminal offence).
  • If an agreement is reached between the lawyer and client it will be recorded in writing, signed by both parties and authorised by the Commissioner’s office.

Legal representation is not required during conciliation. If you would like to bring a lawyer, advocate or support person, please raise this with the conciliator.