Australian Capital Territory Numbered Acts

COURTS LEGISLATION AMENDMENT ACT 2015 (NO 2) (NO. 52 OF 2015) - SECT 20

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Part 5A     Mediation

52A     Definitions—pt 5A

In this part:

"accredited mediator "means a person who is entered as a mediator in the register of nationally accredited mediators maintained by the Mediator Standards Board.

"mediation "means a meeting between parties to a proceeding in a court or an application to the ACAT and an accredited mediator for resolving a matter to which the proceeding or application relates, and includes a thing done—

        (a)     to arrange the meeting (whether or not successfully); or

        (b)     to follow up anything raised in the meeting.

"mediation material "means—

        (a)     a communication made at mediation; or

        (b)     a document, whether delivered or not, prepared—

              (i)     for or during mediation; or

              (ii)     following a decision made or undertaking given in mediation.

"Mediator Standards Board" means the Mediator Standards Board Limited (ACN 145 829 812).

52B     Admissibility of information given at mediation

    (1)     Evidence of mediation material is not admissible in a proceeding before any of the following, except in accordance with the Evidence Act 2011

, section 131 (Exclusion of evidence of settlement negotiations):

        (a)     a court;

        (b)     an entity authorised to hear and receive evidence;

        (c)     an entity authorised by the consent of the parties to hear evidence.

    (2)     Evidence of mediation material is not admissible in a proceeding under the ACT Civil and Administrative Tribunal Act 2008

unless all parties agree to the giving of the evidence.

52C     Secrecy

    (1)     A person who is or has been an accredited mediator must not disclose mediation material.

    (2)     However, this section does not apply if—

        (a)     the disclosure is required under a territory law or Commonwealth law; or

        (b)     the disclosure is made with the consent of the parties to mediation; or

        (c)     the disclosure is made with the consent of the person who gave the material to the accredited mediator; or

        (d)     the person mentioned in subsection (1) believes on reasonable grounds that—

              (i)     a person's life, health or property is under serious and imminent threat and the disclosure is necessary to avert, or mitigate the consequences of, its realisation; or

              (ii)     the disclosure is necessary to report to the appropriate authority the commission of an offence or prevent the likely commission of an offence.

    (3)     In this section:

"offence "means an offence involving—

        (a)     violence, or the threat of violence, to a person; or

        (b)     intentional damage, or the threat of intentional damage, to property.

52D     Protection of accredited mediator from liability

    (1)     An accredited mediator is not civilly liable for anything done or omitted to be done honestly for the purpose of a mediation.

    (2)     The same privilege in relation to defamation that applies to judicial proceedings applies to—

        (a)     mediation; or

        (b)     mediation material—

              (i)     produced at mediation; or

              (ii)     given to an accredited mediator for arranging, conducting or following up mediation.