New South Wales Consolidated Acts
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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 21
Referral of matters to mediation
21 Referral of matters to mediation
(1) If an application for an apprehended personal violence order is made to a
court, the court--
(a) when considering whether to make the order--is to refer
the protected person and the defendant for mediation under the
Community Justice Centres Act 1983 unless it is satisfied that there is good
reason not to do so, and
(b) at any other time--may refer the
protected person and the defendant for mediation under that Act.
limiting subsection (1), in determining whether there is good reason not to
refer a matter to mediation, the court is to consider whether--
(a) there has
been a history of physical violence to the protected person by the defendant,
(b) the protected person has been subjected to conduct by the defendant
amounting to a personal violence offence, or
(c) the protected person has
been subjected to conduct by the defendant amounting to an offence under
section 13, or
(d) the defendant has engaged in conduct amounting to
harassment relating to the protected person's race, religion, homosexuality,
transgender status, HIV/AIDS infection or disability, or
(e) there has been a
previous attempt at mediation in relation to the same matter and the attempt
was not successful.
(2A) The existence of any one or more of the factors
referred to in subsection (2) does not prevent a court from referring a matter
(3) Nothing in this section affects section 24 of the
Community Justice Centres Act 1983 .
Note : Section 24 of the Community
Justice Centres Act 1983 enables the Director of Community Justice Centres to
decline to consent to the acceptance of a dispute for mediation and enables
the Director or a mediator to terminate a mediation session at any time.
The Director of Community Justice Centres is to provide a written report on
the outcome of the mediation or attempted mediation to the court that referred
the matter for mediation.
(5) On receiving a report under subsection (4), the
court is to take such action in accordance with this Act as it considers
appropriate in relation to the matter concerned and in doing so may take into
account the contents of the report.
(6) If a matter is referred to mediation
under this section without an order having been made, any proceedings in
relation to the application are taken to have been stayed until a report is
provided under subsection (4).
(7) If the Director of Community Justice
Centres provides a report under subsection (4) or a mediator conducts a
mediation of a matter referred under this section, the Director or the
mediator is taken, for the purposes of the provisions of the
Community Justice Centres Act 1983 , to be exercising those functions for the
purpose of executing that Act.
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