Mediation Regulations 2005 (NI)

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

Legislation au C2015Q00308 In force Continued Law

Legislation content

 

NORFOLK  ISLAND

 

 

Mediation Regulations 2005

No. 9, 2005

Compilation No. 1

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 REGULATIONS 2005

 

Short title

 1. These Regulations may be cited as the Mediation Regulations 2005.

Commencement

 2. These Regulations will commence operation on the date upon which notification of their being made is published in the gazette.

Application for registration as a registered mediator

 3. (1) A person who wishes to be registered as a mediator must apply to the Registrar of the Supreme Court in the prescribed form.

  (2) An application in accordance with subsection (1) must be accompanied by evidence that the applicant is currently recognised or accredited as a mediator by an approved agency.

Registration of applicants

 4. (1) If the Registrar is satisfied that an applicant is currently recognised or accredited as a mediator by an approved agency the Registrar shall register the applicant as a registered mediator and issue a certificate in the prescribed form.

  (2) If the Registrar considers from the information provided by an applicant that the areas in respect of which the applicant is registered or accredited to mediate are limited to particular areas, the Registrar shall make an entry in the Register of those areas and the mediator must not practice as a mediator other than in those areas.

 Penalty:  10 penalty units.

Renewal of registration

 5. A registered mediator whose registration has not expired may apply in the prescribed form to the Registrar for his or her registration to be renewed and shall provide to the Registrar evidence that he or she remains registered with or accredited by the approved agency in respect of which he or she was originally registered and has undergone any further education in matters relating to mediation that may be required by the approved agency.

Cancellation of registration

 6. If a registered mediator ceases to be a member of, or to be registered with or accredited by, the recognised agency in respect of which he or she was originally registered, the registered mediator must forthwith notify the Registrar thereof and if the Registrar is satisfied that as a result thereof the registered mediator is no longer entitled to practice as a mediator in respect of that registration or accreditation the Registrar must cancel the registration and notify the registered mediator in the prescribed form.

Register and forms

 7. (1) The register of mediators shall be in such form as the Registrar may determine provided it contains all of the information required to be provided to the Registrar under the Act or the Regulations.

  (2) The forms for use in accordance with subregulations 3(1), 4(1), 5 and 6 are set out in Schedule 1.

 

SCHEDULE 1

Mediation Act 2005

Regulation 7(2)

Form 1

Regulation 3(1)

APPLICATION TO BE REGISTERED AS A MEDIATOR

To:

The Registrar of the Supreme Court of Norfolk Island

I, [name] of [address] apply to be entered on the register of mediators.

I am a member of    , an approved agency and am registered or accredited by that agency as a mediator.

My registration or accreditation has not been cancelled or suspended.

My registration or accreditation is *unlimited/limited to the following areas

 

I consent to the making of inquiries of and the exchange of information with the above named approved agency regarding my membership and my registration or accreditation by that agency regarding matters relevant to this application.

I attach evidence supporting my said membership and registration or accreditation.

My application fee is enclosed.

 

…………………………….

Signature of applicant

Date:

*delete as appropriate

 

Form 2

APPLICATION FOR RENEWAL OF CERTIFICATE OF REGISTRATION AS A MEDIATOR

Regulation 5(1)

To:

The Registrar of the Supreme Court of Norfolk Island

I, [name] of [address] apply for renewal of my registration as a mediator.

Since the issue of my certificate of registration as a mediator

I have not ceased to be a member in good standing of    , the approved agency in respect of which my registration was granted.

My name has not been removed or suspended from registration or accreditation by the said agency or by any other approved agency.

Since my registration I have completed any further education requirements of the approved agency as I am required to complete as a condition of maintaining my registration or accreditation.

My renewal application fee is enclosed.

 

…………………..

Signature of applicant

Date:

Form 3

CERTIFICATE OF REGISTRATION AS A MEDIATOR

Regulation 4(1)

This is to certify that [name] is registered as a mediator in Norfolk Island in accordance with the Mediation Act 2005 and is empowered to mediate in *all areas/the areas only of                                                   .

This certificate expires on   .

………………………………

Registrar of the Supreme Court

*delete as required

 

FORM 4

NOTICE  OF CANCELLATION OF REGISTRATION AS A MEDIATOR

Regulation 6

To:

This is to certify that your name was on the    day of     20   , removed from the register of mediators in accordance with the Mediation Act 2005

………………………………

Registrar of the Supreme Court

NOTES

The Mediation Regulations 2005 as shown in this consolidation comprises Regulations No. 9 of 2005 and amendments as indicated in the Tables below.

Enactment

Number

and year

Date of

commencement

Application saving or transitional provision

Mediation Regulations 2005

9, 2005

9.12.05 (Notified Gazette No. 57, 9 Dec 2005.)

 

 

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)

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

8

rep

Ord No 2, 2015 (as am by F2019L01048)

Schedule 2

rep

Ord No 2, 2015 (as am by F2019L01048)

 

Overview

The Mediation Regulations 2005 were enacted to provide a regulatory framework for the mediation profession on Norfolk Island, ensuring that mediators are appropriately accredited and registered. The Norfolk Island Mediation Regulations 2005 were made under the authority of the Mediation Act 2005 and commenced on 9 December 2005. The policy objective is to ensure that mediators on Norfolk Island are properly recognised and qualified to provide mediation services. Applications for registration as a mediator must be made to the Registrar of the Supreme Court in the prescribed form, accompanied by evidence of accreditation by an approved agency. Once registered, mediators must keep their registration current by renewing it when necessary and adhering to any further education requirements stipulated by their accrediting agency. The regulations also provide for the cancellation of registration if a mediator ceases to be accredited or recognised by their agency. The Registrar of the Supreme Court has the authority to maintain a register of mediators, which includes details necessary for the administration of the Act and Regulations.

Scope and Application

The Mediation Regulations 2005 apply to individuals who wish to be registered as mediators on Norfolk Island, as well as to the process of registration and maintenance of registration as a mediator. The scope of the Act includes the regulation of the registration of mediators by the Registrar of the Supreme Court, and ensures that mediators are recognised or accredited by an approved agency. The application process includes submitting an application form and evidence of accreditation by an approved agency. Registered mediators can have their registration renewed, subject to continued accreditation and completion of any further education requirements. The Act also provides for the cancellation of registration if a mediator ceases to be a member of, or ceases to be registered with or accredited by, the approved agency. The application of these Regulations is limited to Norfolk Island, and they provide for the maintenance of a register of mediators. There are no stated exclusions or thresholds in the Act, and the application of the Act may be extended or restricted through subordinate instruments.

Key Provisions

The Mediation Regulations 2005, made under the Mediation Act 2005, provide a framework for the registration and regulation of mediators on Norfolk Island. Section 3 of the Regulations stipulates that a person wishing to be registered as a mediator must apply to the Registrar of the Supreme Court in the prescribed form, which must be accompanied by evidence of current recognition or accreditation by an approved agency (subsection 3(1)). Section 4 states that if the Registrar is satisfied with the applicant's credentials, they will register the applicant as a registered mediator and issue a certificate (subsection 4(1)). If the applicant's areas of mediation practice are limited, the Registrar must note these limitations in the Register (subsection 4(2)). The Regulations impose several obligations on mediators and the approved agencies that recognise or accredit them. For instance, Section 5 requires registered mediators to apply for renewal of their registration, providing evidence of continued membership and accreditation with the approved agency, as well as any required further education. Section 6 mandates that if a mediator ceases to be a member of, or to be registered with or accredited by, the recognised agency, they must notify the Registrar, who will then cancel the registration if appropriate. The Registrar is also responsible for maintaining a register of mediators (Section 7(1)) and prescribing the forms to be used in applications for registration, renewal, and notification of cancellation (subsection 7(2)). Failure to comply with the requirements of the Regulations can result in penalties. For instance, Section 4(2) specifies a penalty of 10 penalty units for a mediator who practices outside the areas for which they are registered or accredited. These penalties are in addition to any civil or criminal consequences that might arise from a breach of the Mediation Act 2005 or any other relevant legislation. Although the Regulations themselves do not specify maximum penalties for breaches, penalties for contraventions of other related laws can be substantial, including fines and imprisonment.

Legal classification tags

Area of Law
Alternative Dispute Resolution
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

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