South Australian Current Acts

LAND ACQUISITION ACT 1969 - SECT 23BA

23BA—Settlement conference

        (1)         The Authority—

            (a)         may, before referring a matter to Court under section 23C; and

            (b)         must, on an application by a claimant under section 23C(1a),

convene a conference under this section (a "settlement conference ) in relation to the relevant matter.

        (2)         The following provisions apply in relation to a settlement conference:

            (a)         the Authority must appoint a conference coordinator to conduct the settlement conference;

            (b)         the conference coordinator must hold qualifications prescribed by the regulations;

            (c)         the conference coordinator must—

                  (i)         fix a time and place for the settlement conference; and

                  (ii)         advise the persons referred to in paragraph (f) of the time and place of the settlement conference;

            (d)         the conference coordinator may, by notice in writing, give such directions as the coordinator considers necessary for the purposes of the settlement conference (including, to avoid doubt, directions to attend at the time and place fixed under paragraph (c));

            (e)         the Authority and the claimant must provide to each other party any valuation reports in relation to the matter within the period specified by the conference coordinator;

            (f)         the following persons are entitled to attend a settlement conference:

                  (i)         the conference coordinator;

                  (ii)         a representative of the Authority;

                  (iii)         the claimant and the claimant's legal representative (if any),

(however, nothing in this paragraph prevents other persons from attending the settlement conference);

            (g)         the conference coordinator, and the settlement conference, must comply with any other requirements set out in the regulations.

        (3)         Evidence of anything said or done in the course of a settlement conference is inadmissible in proceedings before a court (other than proceedings under section 36) except by consent of all parties to the proceedings.

        (4)         The reasonable costs of a claimant in relation to a settlement conference (determined in accordance with the regulations) are to be met by the Authority.

        (5)         A person who, without reasonable excuse, refuses or fails to comply with a direction of the conference coordinator under this section is guilty of an offence.

Maximum penalty: $2 500.