Victorian Numbered Acts

FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011) - SECT 19

    (1)     A farmer is presumed to have refused to mediate if any of the following circumstances are established—

        (a)     the farmer has failed to take part in mediation in good faith or has unreasonably delayed entering into or proceeding with mediation;

        (b)     the farmer has indicated in writing to the Department or to the creditor that the farmer does not wish to enter into or proceed with mediation in respect of the farm debt;

        (c)     the farmer has failed to respond in writing within 28 days to an invitation that—

              (i)     is made in writing by the creditor and is identified as an invitation under this paragraph; and

              (ii)     invites the farmer to attend a mediation session; and

              (iii)     indicates that a failure of the farmer to respond in writing to the invitation might be taken to be an indication that the farmer refuses to mediate in respect of the farm debt.

    (2)     A creditor is presumed to have refused to mediate if any of the following circumstances are established—

        (a)     the creditor has failed to take part in mediation in good faith or has unreasonably delayed entering into or proceeding with mediation;

        (b)     the creditor has indicated in writing to the Department or to the farmer that the creditor does not wish to enter into or proceed with mediation in respect of the farm debt.

__________________