Dispute Resolution Centres Act 1990 (Qld)

Dispute Resolution Centres Act 1990

An Act to provide for the establishment and operation of dispute resolution centres to provide mediation services in connection with certain disputes

Part 1    Preliminary

1   Short title

This Act may be cited as the Dispute Resolution Centres Act 1990.

2   Interpretation

(1)In this Act—

agency means a department or local government, and includes part of an agency.

council ...

department ...

director means a person holding office or duly acting as director of a dispute resolution centre.

dispute resolution centre means a dispute resolution centre established under this Act.

functions includes powers, authorities and duties.

mediation includes—

(a)the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and

(b)the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and

(c)the follow-up of any matter the subject of any such discussion or settlement.

mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter.

mediator, in relation to a dispute resolution centre, means—

(a)the director of the centre; or

(b)a person appointed under section 27AB as a mediator for the centre.

member ...

Minister ...

QCAT principal registrar means the principal registrar under the QCAT Act.

Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended.

referring order means an order referring a dispute for mediation made by—

(a)the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011, section 43(3); or

(b)QCAT, or the QCAT principal registrar, under the QCAT Act, section 75; or

(c)the Planning and Environment Court under the Planning and Environment Court Act 2016.

(2)A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the 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 does 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 the presence, or under the supervision, of the mediator.

Part 3    Dispute resolution centres

22   Establishment of dispute resolution centres

Dispute resolution centres may be established and operated…