Victorian Numbered Acts

JUSTICE LEGISLATION (AMENDMENT) ACT 2005 (NO 17 OF 2005) - SECT 5

After Part VIA of the Legal Aid Act 1978 insert —

'PART VIB—ALTERNATIVE DISPUTE RESOLUTION

        40I.     Alternative dispute resolution programs

    (1)     VLA may provide an alternative dispute resolution program to the following—

        (a)     persons who have applied to VLA for legal assistance, whether or not the application for legal assistance is successful; or

        (b)     persons who have not applied to VLA for legal assistance but have been referred to VLA to engage in an alternative dispute resolution program.

    (2)     An alternative dispute resolution program may be provided—

        (a)             by officers or employees of VLA; or

        (b)     by persons or bodies with expertise in the area of alternative dispute resolution that are engaged by VLA specifically to conduct an alternative dispute resolution program.

        40J.     Confidentiality

    (1)     In this section—

"relevant person" means—

        (a)     an officer or employee of VLA;

        (b)     a conference chairperson or other person or body employed or engaged in the conduct of an alternative dispute resolution program.

    (2)     A party, or a person representing a party, to an alternative dispute resolution program must not, except in accordance with sub-section (4) and section 40L(2), give to any other person or body, including a court, information acquired in the course of, or otherwise in connection with, the conduct of an alternative dispute resolution program.

Penalty:     60 penalty units.

    (3)             A relevant person must not, except in accordance with sub-section (4) or (5), give to any other person or body, including a court, information acquired in the course of, or otherwise in connection with, the conduct of an alternative dispute resolution program.

Penalty:     60 penalty units.

    (4)     Sub-sections (2) and (3) do not apply where     a party, or a person representing a party, or a relevant person gives, whether voluntarily or at the request of VLA, the information to VLA to fulfil its functions and duties, and for the administration of VLA generally.

    (5)     Sub-section (3) does not apply where VLA has given its consent to a relevant person, and the relevant person gives the information to another person or body in the following circumstances—

        (a)         the person from whom the information was originally obtained has consented to giving it; or

        (b)     there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to a person or damage to property; or

        (c)     for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or

        (d)     if the information is required for referring a party to any person, agency, organisation or other body, and the disclosure is made with the consent of the party, for aiding in the resolution of a dispute or assisting the party in any other matter; or

        (e)     the information is connected with a proceeding founded on fraud alleged to be connected with, or to have happened during, an alternative dispute resolution program.

    (6)     Nothing in this section limits or affects the operation of section 43.

        40K.     Freedom of Information Act 1982

    (1)     A document which contains information acquired in the course of, or otherwise in connection with, the conduct of an alternative dispute resolution program under this Act is an exempt document within the meaning of section 38 of the Freedom of Information Act 1982 .

    (2)     Sub-section (1) does not limit the operation of section 38 of the Freedom of Information Act 1982 .

        40L.     Admissibility of evidence

    (1)     The following is not admissible in evidence in any court or legal proceeding—

        (a)     anything said at or during the course of;

        (b)     any admission or agreement made at or during the course of;

        (c)     any document prepared for the purposes of, or in the course of, or as a result of—

an alternative dispute resolution program.

    (2)     Sub-section (1) does not apply in the following circumstances—

        (a)     if all the parties to an alternative dispute resolution program and VLA consent to the admission of the evidence or document;

        (b)     if the parties to an alternative dispute resolution program have created any—

              (i)     note; or

              (ii)     record; or

              (iii)     minute of orders—

signed by the parties for the express purpose of submitting it to a court, for admission in evidence;

        (c)         if there are reasonable grounds to believe that the admission of the evidence or document is necessary to prevent or minimise the danger of injury to a person or damage to property.

        40M.     Immunity for conference chairpersons

    (1)     A conference chairperson is not personally liable for anything done or omitted to be done in good faith—

        (a)     in the capacity of conference chairperson under this Act; or

        (b)     in the reasonable belief that the thing was done or omitted to be done in the capacity of conference chairperson under this Act.

    (2)         Any liability that would, but for sub-section (1), attach to a conference chairperson, attaches instead to VLA.'.

__________________

See:
Act No.
8297.
Reprint No. 1
as at
17 April 1997.
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