Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
representative means a person representing a party
at a conciliation conference or arbitration hearing.
(2) If a conciliator
or arbitrator thinks it appropriate, the conciliator or arbitrator may allow
the parties, their representatives and any witnesses (or 1 or more of
them) to participate in a conciliation conference or arbitration hearing by
means of telephone, video link or any other system or method of communication.
(3) If a conciliator
or arbitrator thinks it appropriate, the conciliator or arbitrator may conduct
all or part of a conciliation or arbitration proceeding entirely on the basis
of documents without the parties, their representatives or any witnesses
attending or otherwise participating in the conference or hearing.
(4) A conciliator or
arbitrator may take into account a written submission prepared and submitted
by a person on behalf of a party whether or not the party is represented at a
conciliation conference or arbitration hearing by the person.
(5) If all or part of
a proceeding is conducted entirely on the basis of documents without the
parties, their representatives and any witnesses attending or participating in
a conference or hearing —
(a) the
conciliator or arbitrator must take steps to ensure that the public has access
to, or is precluded from access to, matters disclosed in the proceeding to the
same extent as if it had been heard before the conciliator or arbitrator with
the attendance in person of all persons involved in the proceeding; and
(b)
provisions of this Act applying to conferences or hearings apply with any
necessary modifications in relation to the proceeding.