Mediation Act 1997 (ACT)

Mediation Act 1997 (repealed)   

A1997-61

Republication No 5

Effective:  8 April 2016

Republication date: 8 April 2016

As repealed by A2015‑10 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Mediation Act 1997 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 8 April 2016.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Mediation Act 1997 (repealed)

Contents

Page

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4            Declarations about competency standards and approved agencies         2

5            Registration of mediators  3

6            Duration of registration  4

7           Renewal of registration  4

8            Cancellation of registration  4

9            Admissibility of evidence  5

10          Secrecy  5

11          Protection from defamation  6

12          Protection of mediators  6

13          Regulation-making power  6

Dictionary8

Endnotes

1            About the endnotes  9

2            Abbreviation key  9

3            Legislation history  10

4            Amendment history  11

5            Earlier republications  12

Mediation Act 1997 (repealed)

An Act relating to mediation and the registration of mediators

1. Name of Act

   This Act is the Mediation Act 1997.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

4. Declarations about competency standards and approved agencies

   (1)The Minister may, in writing, declare standards of competency required for the registration of a person under section 5.

   (2)The Minister may, in writing, declare an entity to be an approved agency for this Act.

   (3)A declaration under this section is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

5. Registration of mediators

   (1)Subject to subsection (6), a person may apply in writing to an approved agency for registration under this section.

   (2)An approved agency shall approve an application and register the applicant if—

   (a)any fee determined by the agency to be payable to it in relation to an application under this section has been paid to it; and

   (b)it is satisfied that the applicant has achieved the standards of competency prescribed for section 4; and

   (c)the applicant satisfies any requirements of the agency that relate to mediators.

   (3)A person whose application under subsection (1) has been refused may, by written notice given to the agency, require it to review the decision.

   NoteFor how documents may be given, see Legislation Act 2001, pt 19.5.

   (4)An approved agency that receives a notice under subsection (3) shall review the relevant decision.

   (5)An approved agency shall notify an applicant in writing within 7 days of determining an application under subsection (1) or a review under subsection (4)—

   (a)of its determination; and

   (b)if the application has not been granted—of the grounds for not granting it.

   (6)A person—

   (a)who has made an application under subsection (1) that has been refused; or

   (b)whose registration has been cancelled under section 8;

   is not eligible to make another application under subsection (1) to any approved agency within 6 months of the refusal or cancellation.

6. Duration of registration

   Subject to section 8, the registration of a registered mediator ends 3 years after the day when he or she was registered or when his or her registration was last renewed, as the case requires.

7. Renewal of registration

   (1)A registered mediator may, before the end of his or her registration, apply to the approved agency by which he or she has been registered or to another approved agency for renewal of the registration.

   (2)The approved agency shall renew the registration of the mediator if any fee determined by the agency to be payable to it in relation to an application under this section has been paid and the agency is satisfied that the mediator—

   (a)would, if he or she were an applicant under section 5 (1), be eligible for registration; and

   (b)has, since his or her registration or last renewal, whichever last occurred, undertaken the further education in matters relating to mediation that is approved by the agency.

8. Cancellation of registration

   The approved agency by which a registered mediator has been registered may cancel the registration if satisfied that—

   (a)if the mediator were an applicant under section 5 (1), he or she would not be eligible for registration; or

   (b)the mediator has made a disclosure in breach of section 10 and the circumstances are such that his or her registration should be cancelled.

9. Admissibility of evidence

   (1)Evidence of mediation material is not admissible in a proceeding except in accordance with the Evidence Act 2011, section 131 (Exclusion of evidence of settlement negotiations).

   (2)In this section:

   mediation material means—

   (a)a communication made in a mediation session; or

   (b)a document, whether delivered or not, prepared—

   (i)for or during a mediation session; or

   (ii)following a decision made or undertaking given in a mediation session.

10. Secrecy

    (1)A person who is or has been a registered mediator shall not disclose any information obtained in a mediation session.

    (2)This section does not apply if—

    (a)the disclosure is required by or under a ACT or Commonwealth law; or

    (b)the disclosure is made with the consent of the parties; or

    (c)the disclosure is made with the consent of the person who gave the information; or

    (d)the person referred to in subsection (1) believes on reasonable grounds that—

    (i)a person’s life, health or property is under serious and imminent threat and the disclosure is necessary to avert, or mitigate the consequences of, its realisation; or

    (ii)the disclosure is necessary to report to the appropriate authority the commission of an offence or prevent the likely commission of an offence.

    (3)In this section:

    offence means an offence involving—

    (a)violence, or the threat of violence, to a person; or

    (b)intentional damage to property or the threat of such damage.

11. Protection from defamation

    The same privilege in relation to defamation as exists in relation to judicial proceedings exists in relation to—

    (a)a mediation session; or

    (b)a document or other material—

    (i)produced at a mediation session; or

    (ii)given to a registered mediator for the purpose of arranging or conducting a mediation session.

12. Protection of mediators

    A registered mediator has, in the exercise in good faith of his or her functions as mediator, the same protection and immunity as a judge of the Supreme Court.

13. Regulation-making power

    (1)The Executive may make regulations for this Act.

    NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

    (2)The regulations may prescribe requirements to be complied with by an approved agency.

    (3)The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Dictionary

(see s 2)

Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

·ACT

·contravene

·document

·person.

approved agency means an entity that is declared under section 4 (2) to be an approved agency.

NoteAn entity includes an individual, see Legislation Act 2001, dict, pt 1, def of entity.

mediation session means a meeting between people in dispute and a registered mediator for the purpose of resolving the dispute by mediation, and includes anything done for the purpose of—

(a)arranging the meeting (whether or not successfully); or

(b)following up anything raised in the meeting.

party, to a mediation session, does not include the registered mediator for the session.

registered mediator means a person who is registered under section 5 as a mediator (Registration of mediators).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Mediation Act 1997 A1997‑61

   notified 9 October 1997 (Gaz 1997 No S300)
   s 1, s 2 commenced 9 October 1997 (s 2 (1))
   remainder commenced 1 July 1998 (s 2 (2))

   as amended by

   Statute Law Revision (Penalties) Act 1998 A1998‑54 sch

   notified 27 November 1998 (Gaz 1998 No S207)
   s 1, s 2 commenced 27 November 1998 (s 2 (1))
   sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

   Law Reform (Miscellaneous Provisions) Act 1999 A1999‑66 sch 3

   notified 10 Nov 1999 (Gaz 1999 No 45)
   sch 3 commenced 10 Nov 1999 (s 2)

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 246

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 246 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2002 A2002‑30 pt 3.48

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
   pt 3.48 commenced 17 September 2002 (s 2 (1))

   Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.24

   notified LR 22 November 2011
   s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
   sch 1 pt 1.24 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)

   as repealed by

   Courts Legislation Amendment Act 2015 A2015‑10 s 4

   notified LR 7 April 2015
   s 1, s 2 commenced 7 April 2015 (LA s 75 (1))

   s 4 commenced 7 April 2016 (s 2 (1))

2. Amendment history

   Name of Act

   s 1sub A2002‑30 amdt 3.594

   Dictionary

   s 2om A2001‑44 amdt 1.2832

   ins A2002‑30 amdt 3.595

   Notes

   s 3def approved agency sub A1999‑66 s 6 sch 3

   om A2002‑30 amdt 3.595

   def mediation session om A2002‑30 amdt 3.595

   def registered mediator om A2002‑30 amdt 3.595

   sub A2002‑30 amdt 3.595

   Declarations about competency standards and approved agencies

   s 4sub A1999‑66 s 6 sch 3

   am A2001‑44 amdts 1.2833-1.2835

   Registration of mediators

   s 5am A2002‑30 amdt 3.596

   Renewal of registration

   s 7am A2002‑30 amdt 3.597

   Admissibility of evidence

   s 9sub A2011‑48 amdt 1.40

   Regulation-making power

   s 13am A1998‑54 sch

   sub A2001‑44 amdt 1.2836

   Dictionary

   dictins A2002‑30 amdt 3.598

   def approved agency ins A2002‑30 amdt 3.598

   def mediation session ins A2002‑30 amdt 3.598

   def party ins A2002‑30 amdt 3.598

   def registered mediator ins A2002‑30 amdt 3.598

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A1999‑66	17 April 2000
2	A2001‑44	23 January 2001
3	A2002‑30	25 September 2002
4	A2011‑48	1 March 2012

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