86A   Matters that may be taken into account when exercising settlement powers

(1)  This section applies to the exercise by the Tribunal, a member or an assessor of any of the following powers (a settlement power) conferred on the Tribunal or person:

(a)  the power of the Tribunal, a member or an assessor to make a determination under section 74 to which the parties to the proceedings agree,

(b)  the power of the Tribunal to make an order under section 86 giving effect to any agreed settlement by the parties to the proceedings,

(c)  the power of the Tribunal to make an order under section 105 giving effect to any agreement or arrangement arising out of a mediation session under Part 4.

(2)  When deciding whether to exercise a settlement power, the Tribunal, member or assessor (as the case requires) may take into account the interests of any vulnerable person (whether or not a party to the proceedings) if the Tribunal, member or assessor considers that:

(a)  the person may be directly affected by the exercise of the power because the person is a party to, or the subject of, the proceedings concerned, and

(b)  it is appropriate to do so in the circumstances.

(3)  A vulnerable person is:

(a)  a minor, or

(b)  a person who is totally or partially incapable of representing his or her interests in proceedings before the Tribunal because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled.

(4)  Nothing in this section limits the matters to which the Tribunal, a member or an assessor may have regard when deciding whether to exercise a settlement power.