Mediation Act 2005 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00179 In force Continued Law

Legislation content

 

NORFOLK  ISLAND

 

Mediation Act 2005

No. 29, 2005

Compilation No. 2

Compilation date:   13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

 

 

NORFOLK  ISLAND

 

 

 

MEDIATION ACT 2005

TABLE OF PROVISIONS

 

 1. Short title

 2. Commencement

 3. Dictionary

 4. Declarations and approved agencies

 5. Registration of mediators

 6. Duration of registration

 7. Renewal of registration

 8. Cancellation of registration

 9. Admissibility of evidence

 10. Secrecy

 11. Protection from defamation

 12. Protection of mediators

 13. Regulation‑making power

  Dictionary

 

 

NORFOLK  ISLAND

 

 

MEDIATION ACT 2005

 

An Act relating to mediation and the registration of mediators.

 

Short title

 1. This Act is the Mediation Act 2005.

Commencement

 2. This Act commences on the day notice of assent is published in the Gazette.

Dictionary

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

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. The Interpretation Act 1979 contains definitions and other provisions relevant to this Act.

Declarations about approved agencies

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

Registration of mediators

 5. (1) A person who has been registered by an approved agency may apply to the Registrar of the Supreme Court to be registered as a mediator.

  (2) The Registrar must register the person as a registered mediator if:

  (a) the Registrar is satisfied that the person has been registered by an approved agency; and

  (b) the application is accompanied by the approved fee.

Duration of registration

 6. 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.

Renewal of registration

 7. (1) A registered mediator may, before the end of his or her registration, apply to the Registrar for renewal of the registration.

  (2) The Registrar shall renew the registration of the mediator if any approved fee payable has been paid and the Registrar 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 any further education in matters relating to mediation that is approved by the agency or the Registrar.

Cancellation of registration

 8. The Registrar shall cancel the registration of a mediator whose registration has been cancelled by an approved agency.

Admissibility of evidence

 9. Evidence of—

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

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

   (i) for the purposes of; or

   (ii) in the course of; or

   (iii) pursuant to a decision taken or undertaking given in;

    a mediation session;

is not admissible in any proceedings except in accordance with the Evidence Act 2004 section 131 (Exclusion of evidence of settlement negotiations).

Secrecy

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

 Penalty: (a) cancellation of registration; and

   (b) 50 penalty units

  (2) This section does not apply if—

  (a) the disclosure is required by or under a Norfolk Island 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.

Protection from defamation

 11. 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.

Protection of mediators

 12. 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.

Regulation‑making power

 13. (1) The Administrator may make regulations for this Act.

  (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

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

 entity includes an individual.

 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).

NOTES

The Mediation Act 2005 as shown in this consolidation comprises Act No. 29 of 2005 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Mediation Act 2005

29, 2005

25.11.05

 

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[Previously consolidated as at 3 August 2013]

 

 

 

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

Sch 1 (items 205, 344, 345): 18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 391–396)

as amended by

 

 

 

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (item 55): 13 Aug 2019 (s 2(1) item 1)

—

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

4

am

14, 2012; Ord No 2, 2015

5

am

Ord No 2, 2015 (as am by F2019L01048)

7

am

Ord No 2, 2015 (as am by F2019L01048)

 

Overview

The Mediation Act 2005 was enacted to formalise the practice of mediation on Norfolk Island and establish a framework for the registration and regulation of mediators on the island. The Act was enacted by the Norfolk Island Legislative Assembly, aiming to provide a structured and reliable means for resolving disputes through mediation, ensuring the integrity and confidentiality of the mediation process. This legislation seeks to promote the use of mediation as an effective method for resolving disputes by creating a system that recognises and supports qualified mediators, while also protecting the interests of all parties involved in the mediation process. The Act establishes the conditions under which mediators can be registered, the duration and renewal of their registration, and the consequences of non-compliance, alongside provisions that safeguard the confidentiality of mediation communications and protect mediators from defamation and other legal challenges.

Scope and Application

The Norfolk Island Mediation Act 2005 pertains to the mediation process and the registration of mediators on Norfolk Island. It applies to individuals and entities involved in mediation sessions, which are defined as meetings between people in dispute and a registered mediator for the purpose of resolving the dispute by mediation. The Act also applies to approved agencies that register mediators, and the geographic and jurisdictional reach of the Act is limited to Norfolk Island. The Act allows for the Minister to declare entities as approved agencies and mandates the registration of mediators by these approved agencies. The registration of mediators is subject to conditions such as the payment of fees and completion of approved further education. The Act outlines the duration of registration, renewal process, and grounds for cancellation. It also addresses the admissibility of evidence from mediation sessions, maintaining secrecy around such information and providing protections for mediators against defamation and other liabilities. The Act can be extended through subordinate instruments, such as regulations, which can prescribe requirements for approved agencies and penalties for contraventions.

Key Provisions

The Norfolk Island Mediation Act 2005 (sections 4 to 12) outlines the process and rules governing mediation on Norfolk Island, including the registration of mediators, the confidentiality of mediation sessions, and the admissibility of evidence. Under section 4, the Minister can declare an entity to be an approved agency, which is necessary for registering mediators. Section 5 allows individuals registered by an approved agency to apply for registration as mediators with the Registrar of the Supreme Court, provided they meet specific criteria and pay the requisite fee. Section 6 establishes that a mediator's registration lasts for three years from the date of registration or the last renewal. Section 7 details the renewal process, requiring mediators to undertake further approved education and pay any applicable fees. Section 8 mandates that the Registrar must cancel a mediator’s registration if it has been cancelled by an approved agency. Section 9 states that evidence from mediation sessions is inadmissible in court unless it falls under specific exceptions outlined in the Evidence Act 2004. Section 10 imposes a duty of secrecy on registered mediators, prohibiting them from disclosing any information obtained during mediation unless certain conditions are met, such as legal requirements or imminent threats to health or safety. Section 11 provides mediators with the same protection from defamation as judges in judicial proceedings. Section 12 grants registered mediators the same protection and immunity as a judge of the Supreme Court when acting in good faith in their mediation roles. The Norfolk Island Mediation Act 2005 imposes several obligations on parties and entities it governs. Approved agencies must meet the criteria set by the Minister and register mediators according to the Act's provisions (section 4). Mediators, once registered, must adhere to the confidentiality requirements outlined in section 10 and ensure they comply with any educational requirements for renewal (section 7). The Registrar of the Supreme Court has the duty to manage the registration and renewal process for mediators and to cancel registrations as necessary (sections 5, 6, and 8). Mediators must also ensure that any evidence from mediation sessions is not used in court without the appropriate exceptions (section 9). The Act also includes provisions for breaches and consequences. Section 10 outlines that a breach of the secrecy requirement by a registered mediator can lead to the cancellation of their registration and a penalty of 50 penalty units. This section further specifies that the duty of secrecy does not apply in certain situations, such as when disclosure is legally required, with consent from the parties involved, or necessary to prevent a serious threat or report an offence. While the Act does not explicitly state other offences or penalties, the regulation-making power under section 13 allows the Administrator to create regulations that may include penalties for non-compliance with the Act or its regulations, up to a maximum of 10 penalty units.

Legal classification tags

Area of Law
Alternative Dispute Resolution
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Registration of mediators
Duration of registration
Renewal of registration
Cancellation of registration
Admissibility of evidence
Secrecy

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.