Commonwealth Consolidated Acts

NATIVE TITLE ACT 1993 - SECT 94H

Referral of questions to Federal Court

  (1)   Subject to subsections   (2) and (3), if the person conducting the mediation considers that it would expedite the reaching of an agreement on any matter that is the subject of mediation, he or she may refer to the Federal Court a question of fact or law relating to a proceeding that arises during the mediation.

Note:   Under subsection   86D(1), the Federal Court may determine a question of fact or law that a mediator refers to it.

Person conducting the mediation not a consultant

  (2)   If the person conducting the mediation is not a consultant engaged under subsection   131A(1), the question may only be referred to the Court under subsection   (1) of this section:

  (a)   on the initiative of the person; or

  (b)   at the request of a party.

Person conducting the mediation a consultant

  (3)   If the person conducting the mediation is a consultant engaged under subsection   131A(1), the question may only be referred to the Court under subsection   (1) of this section:

  (a)   on the initiative of the person, if a presidential member agrees; or

  (b)   at the request of a party.

Mediation may continue

  (4)   If a question of fact or law arising during mediation has been referred to the Court under this section, the person conducting the mediation may continue mediation if he or she considers that it is appropriate.