Community Justice Centres (Pilot Project) Act 1980 (NSW)

Case

C O M M U N I T Y JUSTICE C E N T R E S (PILOT
PROJECT) A C T , 1980 , N o . 134

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act N o . 134 , 1980 .

An Act to provide for the establishment and operation of Com­ munity Justice Centres to provide mediation services in connection with certain disputes. [Assented to, 9th December, 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

PRELIMINARY.

This Act may be cited as the "Community Justice Centres (Pilot Project) Act, 1980".

1.

(1) Except as provided in subsections (2) and ( 3 ) , this Act shall commence on the date of assent to this Act.

2.

(2) Section 5 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(3) Part IV shall commence on such day (being later than the day appointed and notified under subsection ( 2 ) ) as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .      This Act is divided as follows :—

PART I . — P R E L I M I N A R Y — s s . 1-4.
PART I I . — A D M I N I S T R A T I O N — s s . 5 -13 .
DIVISION 1.—The Committee—ss. 5 -8 .
DIVISION 2.—Staff of Community Justice Centres—ss.

9-13 .

PART I I I . — C O M M U N I T Y JUSTICE C E N T R E S — s s . 14-19.
P A R T I V . — M E D I A T I O N — s s . 20 -25 .
P A R T V . — M I S C E L L A N E O U S — S S . 26 -32 .
SCHEDULE 1 .—CONSTITUTION A N D PROCEDURE O F T H E

C O M M I T T E E .

SCHEDULE 2 .—MEDIATOR'S OATH O F SECRECY.

SCHEDULE 3 .—MEDIATOR'S AFFIRMATION O F SECRECY.

SCHEDULE 4 .—SAVINGS, TRANSITIONAL A N D OTHER

PROVISIONS.

( 1 ) In this Act. except in so far as the context or subject matter otherwise indicates or requires—

4 .

"Committee" means the Community Justice Centres Co­

ordinating Committee constituted by this Act;

"Community Justice Centre" means a Community Justice Centre established under this Act;

"Co-ordinator" means the Co-ordinator of a Community

Justice Centre;

"Director" means a person holding office or duly acting as

Director of a Community Justice Centre;

"functions" includes powers, authorities and duties:

"mediation" includes—

(a) the undertaking of any activity for the purpose
of promoting the discussion and settlement of a
dispute by 2 or more parties to the dispute:
(b) the bringing together of the parties to any such

dispute for this purpose; and

(c) the follow-up of any matter the subject of any
such discussion or settlement:
"mediation session" means a mediation session undertaken

at a Community Justice Centre in accordance with this Act, between 2 or more parties who are in dispute on any matter;

"mediator" means any person for the time being accredited as a mediator for a Community Justice Centre, and includes the Director of the Centre;

"member" means a member of the Committee;

"Pilot Project" means the Community Justice Centres Pilot

Project as approved by the Minister.

(2) A reference in this Act to the exercise of a function includes, where that function is a duty, a reference to the performance of that duty.

(3) A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but docs not include a reference to the mediator conducting the mediation session.

( 4 ) A reference in this Act to the conduct of a mediation

session by a mediator includes a reference to the conduct of a

mediation session in his presence or under his supervision.

P A R T I I .

ADMINISTRATION.

DIVISION 1.—The Committee.

( 1 ) There is hereby constituted a committee, to be called the "Community Justice Centres Co-ordinating Committee".

5 .

(2) The Committee shall have and may exercise the func­
tions conferred or imposed on it by or under this or any other Act.

(3) The Committee shall, in the exercise of its functions (except in relation to the contents of a report or recommendation made by it to the Minister) be subject to the control and direction of the Minister.

(4) Schedule 1 has effect in relation to the constitution and procedure of the Committee.

6. (1) The functions of the Committee include the
following : —

(a)

to co-ordinate the implementation and operation of the Pilot Project;

(b)

to determine policy guidelines for, and give directions with respect to, the operation of Community Justice Centres;

(c)

to make such reports or recommendations to the Minis­ ter on any matter relating to Community Justice Centres, or on any other matter to which this Act relates, as the Committee considers necessary or appropriate;

(d)

to provide such assistance as may be necessary to facili­ tate an evaluation to be made under section 26;

(e)

to make recommendations to the Minister on the desira­ bility of maintaining, modifying or extending the opera­ tion of Community Justice Centres after the period during which this Division remains in force; and

(f)

to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise of its functions or the establishment and operation of Community Justice Centres.

(2) In the exercise of its functions, the Committee shall

have regard t o—

(a)

the financial resources available for the establishment and operation of Community Justice Centres; and

(b) the temporary nature of this Act.

For the purposes of this Act, the Committee may, with the approval of the Minister and of the Department or local or public authority concerned, and on such terms as may be arranged, make use of the facilities, or the services of any officers, employees or other staff, of any Department of the Government or of any local or public authority.

7.

8. (1) The Committee may delegate to a member, sub­ committee or Director such of the Committee's functions (other than this power of delegation) as it thinks fit, and may revoke wholly or in part any such delegation.

(2) A function which is delegated under this section may, while the delegation remains unrevoked, be exercised from time to time in accordance with the terms of the delegation.

(3) A delegation under this section may be made subject to conditions or limitations.

(4) Notwithstanding any delegation under this section, the Committee may continue to exercise all or any of the functions delegated.

(5) Any act or thing done in the exercise of a function dele­ gated under this section has the same force and effect as if it had been done by the Committee.

DIVISION 2.—Staff of Community Justice Centres.

9 .       (1) There shall be a Director for each Community Justice

Centre.

(2) A Director shall, in the exercise of his functions, be subject to the control and direction of the Committee.

10.       (1) There shall be a Co-ordinator for each Community

Justice Centre.

(2) Where there is a vacancy in the office of a Director or a Director is through absence or any other cause unavailable to exercise his functions, the Co-ordinator may exercise the func­ tions of the Director and shall be deemed to be the Director, unless another person is appointed to act as Director in accordance with law.

1 1 .       The Director of a Community Justice Centre may, subject

to and in accordance with the policy guidelines determined by and any directions of the Committee, accredit persons, whom he con­ siders to have suitable qualifications or experience, to be mediators for the Centre, and may revoke any such accreditation.

12.      The staff of a Community Justice Centre (including the

Director, Co-ordinator and mediators) shall be appointed or em­ ployed under and in accordance with the Public Service Act, 1979.

13.       (1) The Director of a Community Justice Centre may

authorise a member of the staff of the Centre to exercise such of the Director's functions (including any functions delegated to him under this Act, but not including this power of authorisation) as he thinks fit, and may revoke wholly or in part any such authorisa­ tion.

90245    H - 2 / 1 7

(2) A function which is authorised to be exercised under this section may, while the authorisation remains unrevoked, be exercised from time to time in accordance with the terms of the authorisation.

(3) An authorisation under this section may be made sub­

ject to conditions or limitations.

(4) Notwithstanding any authorisation under this sec­ tion, the Director may continue to exercise all or any of the func­ tions to which the authorisation relates.

(5) Any act or thing done in the exercise of a function by
a person authorised under this section to exercise that function has
the same force and effect as if it had been done by the Director.

(6) Where the exercise of a function of the Director de­ pends on his opinion, belief or state of mind and the function is in accordance with this section authorised to be exercised by another person, the other person may, subject to any restriction imposed by the Director, exercise the function on his own opinion, belief or state of mind, as the case may require.

PART III.

COMMUNITY JUSTICE CENTRES.

14.      Centres, to be known as Community Justice Centres, shall

be established and operated in accordance with this Act for the
purpose of providing mediation services to parties to disputes.

1 5 .       Community Justice Centres shall be established at such

premises as the Governor may determine by order published in
the Gazette.

1 6 .       ( 1 ) The principal office of a Community Justice Centre

shall be at the premises specified in relation to the Centre in the
order under section 15.

(2) The activities of a Community Justice Centre may be conducted at its principal office or at such other places as the Director of the Centre may, subject to the policy guidelines determined by and any directions of the Committee, approve from time to time.

1 7 .       (1) The Director of each Community Justice Centre shall

ensure that such records relating to the activities of the Centre are made and kept as are necessary or appropriate to enable the evaluation of Community Justice Centres under section 26 to be properly made.

(2) The Committee is entitled to inspect any records of

a Community Justice Centre.

(3) The records of a Community Justice Centre may be disposed of only in accordance with the directions of the Committee.

1 8 .       Community Justice Centres shall operate within and as

parts of the Department of the Attorney General and of Justice, and nothing in this Act derogates from the operation of the
provisions of the Public Service Act, 1979, or any other law so
far as they apply to that Department and any such part thereof.

1 9 .       (1) The words "Community Justice Centre" or the letters

"CJC" shall not be used in the name of any centre, organisation, body or group, or any other place or establishment, or any part

thereof, nor shall any centre, organisation, body or group, or any

other place or establishment, or any part thereof, be held out as a Community Justice Centre (whether or not as established under this Act) by the use of the words "Community Justice Centre" or the letters "CJC" or in any other manner—

(a)

unless in either case it is in fact a Community Justice Centre established under this Act; or

(b) except in either case with the consent of the Committee.

(2) In this section, a reference t o—

(a)

the words "Community Justice Centre" includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and

(b)

a reference to the letters "CJC" includes a reference to matter that is substantially the same as those letters.

PART IV.

MEDIATION.

20. (1) The Director of a Community Justice Centre is,

subject to the policy guidelines determined by and any directions

of the Committee, responsible for the provision of mediation
services at the Centre and for the operation and management of the
Centre.

(2) Each mediation session at a Community Justice Centre shall be conducted by one or more mediators assigned for the purpose by the Director.

(3) No dispute shall be accepted for mediation under this Act at a Community Justice Centre except with the consent of the Director.

2 1 .       (1) The procedure for commencing and conducting

mediation sessions shall, subject to the policy guidelines determined by and any directions of the Committee, be as determined by the Director.

(2) Mediation sessions shall be conducted with as little formality and technicality, and with as much expedition, as possible.

(3) The rules of evidence do not apply to mediation

sessions.

(4) A mediation session shall be conducted in the absence of the public, but persons who are not parties to a mediation session may be present at or participate in a mediation session with the permission of the Director.

2 2 .       (1) The Committee may determine that specified classes

of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation ses­ sions, but nothing in this subsection limits any other provisions of this Act.

(2) A mediation session may be commenced or continued

whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.

(3) For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).

2 3 .       (1) Attendance at and participation in mediation sessions

are voluntary.

(2) A party may withdraw from a mediation session at

any time.

(3) Notwithstanding any rule of law or equity, any agree­ ment reached at or drawn up pursuant to a mediation session is not enforceable in any court or tribunal.

( 4 ) Except as expressly provided in this Act, nothing in

this Act affects any rights or remedies that a party to a dispute has
apart from this Act.

2 4 .       (1) The Director of a Community Justice Centre may

decline to consent to the acceptance of any dispute for mediation

under this Act at the Centre.

(2) A mediation session may be terminated at any time

by the mediator or by the Director.

25.       (1) A party to a mediation session is not entitled to be

represented by an agent unless—

(a) it appears to the Director that—

(i)    an agent should be permitted to facilitate mediation; and

(ii)   the agent proposed to be appointed has sufficient knowledge of the issue in dispute to enable him to represent the party effectively; and

(b) the Director so approves.

(2) Subsection (1) does not prevent—

(a)

an officer within the meaning of the Companies Act. 1961, of a corporation; or

(b)

where a corporation that is a body corporate constituted under the Strata Titles Act, 1973, is a party to a media­ tion session—the proprietor or, if there is more than one proprietor, one of the proprietors constituting that corporation,

from representing that corporation.

(3) Where a Director approves of the representation of a party by an agent, the Director may subject his approval to such conditions as he considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the Director docs so, the entitlement of the agent to represent the party shall be subject to his compliance with those conditions.

(4) Contravention of any provision of this section does

not invalidate any mediation session.

PART V.

MISCELLANEOUS.

2 6 . The Minister shall cause or arrange for an evaluation to be

made, at such times and in respect of such periods as he thinks fit, of Community Justice Centres and of their operation and activities.

2 7 . (1) No matter or thing done or omitted to be done by— (a) the Committee or a sub-committee of the Committee;

(b) a member of, or a person acting under the direction of or with the authority of, the Committee or any such sub­ committee; or
(c) a Director or a member of the staff of a Community Justice Centre,

shall, if the matter or thing was done in good faith for the purpose of executing this Act, subject any of them to any action, liability, claim or demand.

(2) A member of the police force, or any other officer or

person, is not liable to be proceeded against in respect of—

(a)

the failure to charge a person with a crime or offence, or to initiate or proceed with proceedings for a crime or offence, or for any similar failure; or

(b) the arrest of a person followed by such a failure,

if he satisfies the court that the failure was reasonable—

(c)

by reason of the reference of the dispute to which the alleged crime or offence relates for mediation under this Act; and

(d) in all the circumstances of the case.

(3) Nothing in this Act prevents a charge referred to in

subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with or any incidental act, matter or thing from being done by any person at any time.

(4) No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the oflice of a member or of a Director, and anything done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if it had been done or omitted to be done by that member or Director.

  1. (1) In this section, "mediation session" includes any steps

taken in the course of making arrangements for a mediation session
or in the course of the follow-up of a mediation session.

(2) The like privilege with respect to defamation exists with respect to mediation sessions as exists with respect to judicial proceedings.

(3) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.

(4) No document prepared for the purposes of. or in the course of, or pursuant to, a mediation session, or any copy thereof, is admissible in evidence in any proceedings before any court, tribunal or body.

(5) Subsections (3) and (4) do not apply with respect to

any evidence or document—

(a)

where the parties to the mediation session give their consent to admission of the evidence or document: or

(b) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been

made pursuant to section 29 (3) (c ) .

(6) A member of the Committee or a sub-committee of the Committee, a Director, a member of the staff of a Community Justice Centre, a person conducting an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for misprision of felony in respect of any information obtained in connection with the administration or execution of this Act.

29. (1) A mediator shall not commence to exercise his functions as a mediator unless he has first taken an oath before a justice of the peace in or to the effect of the form set out in Schedule 2 or has made an affirmation in or to the effect of the form set out in Schedule 3.

(2) A person who is or has been a member of the Com­ mittee or a sub-committee of the Committee, a Director, a member of the staff of a Community Justice Centre or a person conducting an evaluation under section 26 may disclose information obtained by him in connection with the administration or execution of this Act only as follows :—

(a)

with the consent of the person from whom the infor­ mation was obtained;

(b)

in connection with the administration or execution of this Act;

(c)

where there are reasonable grounds to believe that dis­ closure is necessary to prevent or minimise the danger of injury to any person or damage to any property;

(d)

where the disclosure is reasonably required for the pur­ pose of referring any party or parties to a mediation session to any person, agency, organisation or other

body and the disclosure is for the purpose of aiding in
the resolution of a dispute between parties to a media­ tion or assisting any such parties in any other manner;
(e) where the disclosure is reasonably required for the pur­ poses of research and evaluation carried out by. or with the approval of. the Committee or pursuant to section 26; or
(f) in accordance with a requirement imposed by or under a law of the State or the Commonwealth.

30.       (1) Where by or under any Act provision is made requir­

ing the holder of an office specified therein to devote the whole of his time to the duties of his office, or prohibiting him from engaging in employment outside the duties of his office, that pro­ vision shall not operate to disqualify him from—

(a) holding that office and also the office of a member of the Committee or of a sub-committee of the Committee; or
(b) holding that office and also the office of a mediator or retaining any remuneration payable to him as a mediator.

(2) The office of a member of the Committee or of a sub-committee of the Committee or a mediator shall not, for the purposes of any Act, be deemed to be an office or place of profit under the Crown.

31.      Schedule 4 has effect.

32.       (1) This Act (except this Part and Division 1 of Part II)

expires—

(a) subject to paragraph (b )—on 1st December, 1982; or

(b)

if the Governor so directs by proclamation published in the Gazette—on such later day (but not later than 1st December, 1983) as is specified therein.

(2) One or more than one proclamation may be made

and published under subsection (1) ( b ) , but any such proclama­ tion has no effect unless it is made and published before the day on which the expiry would, but for the proclamation, take effect.

(3) Division 1 of Part II expires on such day (but not earlier than the day of expiry provided for under subsection ( 1 ) ) as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

S C H E D U L E 1.
C O N S T I T U T I O N AND P R O C E D U R E O F C O M M I T T E E .

1. ( 1 ) The Commit tee shall consist of appointed members and ex officio members .

(2 ) The appointed members shall be appointed by the Minister, and

of t h e m —
(a) one shall be a stipendiary magistrate nominated by the Chairman of the Bench of Stipendiary Magistrates;
(b) one shall be a member of the police force nominated by the

Commissioner of Police;

(c) one shall be a person nominated by the Council of Social Service of New South Wales;
(d) one shall be a person nominated by the Council of The Law

Society of New South Wales;

(e) one shall be a person nominated by the Ethnic Affairs Commis­ sion of New South Wales;
(f) one shall be a member of the Department of Corrective Services nominated by the Minister for Corrective Services;
(g) one shall be a member of the Department of Youth and Com­ munity Services nominated by the Minister for Youth and Com­ munity Services;
(h) one shall be a member of the Department of Technical and

Further Education nominated by the Minister for Educat ion;

(i)   one shall be a member of the Department of the Attorney Genera l and of Justice selected by the Minister; and

(j) two shall be persons selected by the Minister by reason of their

(3) The ex officio members shall b e — having such special interests or experience as appear or appears to the Minister to be of value to the Pilot Project.

(a) the Director, Magistrates Courts Administrat ion; and
(b) the Directors of the Communi ty Justice Centres .

(4 ) Where , for the purposes of this Schedule, a nomination of a person for appointment as a member is not made within the time or in the manner specified by the Minister in a notice in writing given to the body or person entitled to make the nomination, the Minister may appoint any person to be a member instead of the person required to be appointed on that nominat ion.

S C H E D U L E 1—cont inued .
C O N S T I T U T I O N AND P R O C E D U R E O F C O M M I T T E E — c o n t i n u e d .

2. One of the members of the Commit tee shall, in and by the instru­ ment of his appointment or a later instrument, be appointed as Cha i rman of the Commit tee .

3. A person who is of or above the age of 65 years shall not be

appointed as a member .

4. (1 ) A member deemed to be appointed by clause 3 of Schedule

4 shall, subject to this Act, hold office for a term of 3 years, but is eligible

for re-appointment .

(2 ) An appointed member (other than a member referred to in subclause ( 1 ) ) shall, subject to this Act, hold office for such term, not exceeding 3 years, as is specified in the instrument of his appointment , but is eligible for re-appointment .

5. (1) An appointed member shall be deemed to have vacated his

office—

(a) if he dies;

(b) if he is absent from 4 consecutive meetings of the Committee of

which reasonable notice has been given to him personally or in the normal course of post except on leave granted by the Com­ mittee, and is not before the expiration of 4 weeks after the last of those meetings, excused by the Commit tee for his absence from those meetings;

(c)
if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for their

benefit;

(d) if he becomes a temporary patient, a continued treatment patient,

a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

(e) if he is convicted in New South Wales of a crime or offence

which is punishable by imprisonment for a period of 12 months or more, or if he is convicted elsewhere than in New South Wales of a crime or offence which if committed in New South Wales would be a crime or offence so punishable;

S C H E D U L E 1 — continued.
C O N S T I T U T I O N AND P R O C E D U R E O F C O M M I T T E E — c o n t i n u e d .

(f)

if he resigns his office by writing under his hand to the Minister and the Minister accepts his resignation;

(g) if he declines office;
(h ) if he is removed from office by the Minister;

(i)    if he ceases to hold the office or position by virtue of which he was qualified for appointment ; or

(j) on the day on which he attains the age of 65 years.

(2 ) The Minister may, for any cause which appears to him sufficient, remove any appointed member from office.

6 . On the occurrence of a vacancy in the office of an appointed

member , the Minister may appoint a person to the vacant office so that
the Commit tee is constituted in accordance with clause 1 .

7 . ( 1 ) The procedure for the calling of meetings of the Commit tee and

for the conduct of business at those meetings shall, subject to this Act, be
as determined by the Commit tee .

(2 ) The Cha i rman of the Commit tee or, in the absence of the Chair­ man , the member chosen by the members present at the meeting to act as chairman may preside at any meeting of the Commit tee .

( 3 ) Eight members shall form a quorum at any meeting of the Com­ mittee and any duly convened meeting of the Commit tee at which a quorum

is present shall be competent to transact any business of the Commit tee and

shall have and may exercise and perform all the functions of the
Commit tee .

(4 ) The person presiding at any meeting of the Commit tee shall, in the event of an equality of votes, have in addition to a deliberative vote a second or casting vote.

(5 ) A decision supported by a majority of the votes of the members

present and voting at a meeting of the Commit tee shall be the decision of

the Commit tee .
S C H E D U L E 1—continued.
C O N S T I T U T I O N AND P R O C E D U R E O F C O M M I T T E E — c o n t i n u e d .

8. The Commit tee shall cause full and accurate minutes to be kept of the proceedings at its meetings, and shall submit to the Minister a copy of the minutes (whether or not confirmed) of each meeting within 14 days after the day on which the meeting is held.

9. (1 ) The Commit tee may establish such standing or special sub­ committees as it thinks fit to assist and advise it in connection with the exercise of its functions or to exercise, pursuant to a delegation made under section 8, the functions of the Commit tee that have been delegated to the sub-committee.

(2) A person may be appointed as a member of a sub-committee whether or not he is a member of the Commit tee .

10. (1 ) The procedure for the calling of meetings of a sub-committee and for the conduct of business at those meetings shall, subject to this Act and any direction given by the Commit tee , be as determined by the sub-committee.

(2) A quorum of a sub-committee shall consist of such number of the members of the sub-committee as the Commit tee determines, and any duly convened meeting of a sub-committee at which a quorum is present is competent to transact any business of the sub-committee and shall have and may exercise all the functions of the sub-committee.

(3) The person presiding at any meeting of a sub-committee shall, if the Commit tee so approves in relation to that sub-committee, have in

addition to a deliberative vote a second or casting vote.

(4) A decision supported by a majority of the votes of the members present and voting at a meeting of a sub-committee shall be the decision of the sub-committee.

1 1. The Public Service Act, 1979, does not apply to or in respect of the appointment of a member , and a member is not, in his capacity as a member, subject to that Act during his term of office.

S C H E D U L E 2.
M E D I A T O R ' S O A T H O F SECRECY.
I, of

being a mediator within the meaning of the Communi ty Justice Centres (Pilot Project) Act, 1980, do swear that I will not, either directly or indirectly, except as permitted under section 29 of that Act, and either while I am or after I cease to be, a mediator , make a record of, or divulge or communica te to any person, court or tr ibunal any informa­ tion, document or other matter disclosed dur ing or incidentally to a mediation session.

S O H E L P M E G O D
Sworn and subscribed at \
this day >
of 19 \
before m e —

Signature

Justice of the Peace

S C H E D U L E 3.
MEDIATOR'S A F F I R M A T I O N O F SECRECY.

I.   of

being a mediator within the meaning of the Communi ty Justice Centres (Pilot Project) Act, 1980, do solemnly, sincerely and truly declare and affirm that I will not, either directly or indirectly, except as permitted under section 29 of that Act. and either while I am or after I cease to be. a mediator, make a record of. or divulge or communica te to

any person, court or tribunal any information, document or other matter disclosed during or incidentally to a mediation session.
Subscribed at v
this day /
of 19 |
before m e — '

Signature

Justice of the Peace

S C H E D U L E 4 .

SAVINGS, TRANSITIONAL AND O T H E R PROVISIONS.

1. In this Schedule, " the former committee" means the Co-ordinat ing Commit tee constituted before the commencement of section 5 in connec­ tion with Communi ty Justice Centres.

2. On the commencement of section 5, the former commit tee is abol­

ished.

3. T h e members of the former committee holding office immediately before the commencement of section 5, other than the persons who become ex officio members of the Commit tee on that commencement , shall be deemed to be duly appointed as appointed members of the Commit tee .

4 . Anything done or omitted to be done by or in relation to the former
commit tee shall be deemed to have, subject to and in accordance with this
Act, been done or omitted to be done by or in relation to the Commit tee .

5. This Act applies to disputes arising before, as well as to disputes aris­ ing after, the commencement of Part IV.

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