Clause 12

The Commissioner must not refer any matter (in respect of the maintenance of a parent by any child of the parent) for conciliation under section 12(5)(b) if —

the declaration made under section 3A in respect of the parent states that the parent has a record or purported record of abandonment, abuse or neglect of the child; or

the Commissioner ascertains that the parent has a record or purported record of abandonment, abuse or neglect of the child,unless permission is granted under section 3B for an application to be made under section 3 against the child for the maintenance of the parent.(2) A conciliation officer conducting any conciliation mentioned in section 12(5)(b) (in respect of the maintenance of a parent by any child of the parent) must discontinue the conciliation if the conciliation officer ascertains (whether from the child or otherwise) that the parent has a record or purported record of abandonment, abuse or neglect of the child.(3) Subsection (2) does not apply if, before the conciliation mentioned in that subsection commences, permission is granted under section 3B for an application to be made under section 3 against the child for the maintenance of the parent.(4) If permission is granted under section 3B for an application to be made under section 3 in a matter, the Commissioner may —

in the case mentioned in subsection (1) — refer the matter for conciliation under section 12(5)(b); or

in the case mentioned in subsection (2) —

require the conciliation officer mentioned in that subsection to continue with conciliation; or

refer the matter for conciliation again under section 12(5)(b).Conciliation for destitute person 12B.—

This section applies when a destitute person is brought to the attention of the Commissioner, but a claim for the maintenance of the destitute person is not referred to the Commissioner under section 3(3).(2) The Commissioner may invite a child of the destitute person, the destitute person and any other relevant person for conciliation, and make the necessary arrangements for, or facilitate, the conciliation, for the purpose of an agreement being reached with the child as regards the maintenance of the destitute person if —

the Commissioner reasonably believes that the child is able to provide maintenance for the destitute person;

the Commissioner ascertains that the destitute person does not have any record or purported record of abandonment, abuse or neglect of the child; and

the destitute person —

meets the criteria mentioned in section 3(1); or

is below 60 years of age but meets the other criteria mentioned in section 3(1) and the Commissioner is satisfied that —

the destitute person is suffering from infirmity of mind or body which prevents the destitute person from maintaining, or makes it difficult for the destitute person to maintain, himself or herself; or

there exists any other special reason for the conciliation.(3) If a person does not attend any session of conciliation mentioned in subsection (2) in respect of a destitute person, the Tribunal may (when determining an application made under section 3 in respect of the destitute person) take that into account in deciding whether to —

give a direction under section 6(5); or

order costs under section 20(1)(a).Conduct of conciliation or mediation12C.—

Every conciliation and every mediation under this Act must be conducted in private.(2) Subject to subsection (3), no party to any conciliation or mediation conducted under this Act may be represented in the conciliation or mediation (as the case may be) by an advocate and solicitor of the Supreme Court.(3) The Commissioner may, despite being an advocate and solicitor of the Supreme Court, represent a parent in any conciliation or mediation conducted under this Act.”.