Community Justice Centres Act 1983 No 127
Current version for 27 October 2010 to date (accessed 26 November 2014 at 10:07)
Part 5

Part 5 Miscellaneous

26   Evaluations

(1)  The Minister may cause or arrange for an evaluation to be made, at such times and in respect of such periods as the Minister thinks fit, of Community Justice Centres and of their operation and activities.
(2)  The Director is to ensure that such records relating to the activities of Community Justice Centres are made and kept as are necessary or appropriate to enable a proper evaluation of Community Justice Centres to be made under this section.

27   Exoneration from liability

(1)  No matter or thing done or omitted to be done by:
(a), (b)  (Repealed)
(c)  a mediator, or
(d)  the 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)  failure to charge a person with a crime or offence or to initiate or proceed with proceedings for a crime or offence, or any similar failure,
(b)  the arrest of a person followed by such a failure, or
(c)  failure to offer evidence at the hearing of a charge referred to in paragraph (a),
if the member of the police force or other officer or person satisfies the court that the failure was reasonable:
(d)  by reason of the reference of the dispute to which the alleged crime or offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred, and
(e)  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 evidence being offered in relation to such a charge, 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 office of a member or of the 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 the Director.
(5)  In subsection (2), a reference to a crime or offence does not include a reference to a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.

28   Privilege

(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)  Subject to subsection (3), the like privilege with respect to defamation exists with respect to:
(a)  a mediation session, or
(b)  a document or other material sent to, or produced at, a Community Justice Centre for the purpose of enabling a mediation session to be arranged,
as exists with respect to judicial proceedings and a document produced in judicial proceedings.
(3)  The privilege conferred by subsection (2) does not extend to a publication made otherwise than:
(a)  at a mediation session,
(b)  as provided by subsection (2) (b), or
(c)  as provided by section 29 (2).
(4)  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.
(5)  A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body.
(6)  Subsections (4) and (5) do not apply with respect to any evidence or document:
(a)  where the persons in attendance at the mediation session 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 (2) (c) or 29A, or
(c)  given as evidence:
(i)  as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and
(ii)  as to the substance of that agreement.
(7)  A mediator, the Director, a member of the staff of a Community Justice Centre, a person making an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for concealing a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of this Act.

29   Secrecy

(1)  A mediator shall not commence to exercise the functions of a mediator without first taking an oath before a justice of the peace in or to the effect of the form set out in Schedule 2 or making an affirmation in or to the effect of the form set out in Schedule 3.
(2)  A person who is or has been a mediator, a Director, a member of the staff of a Community Justice Centre or a person making an evaluation under section 26 or carrying out research referred to in paragraph (e) may disclose information obtained in connection with the administration or execution of this Act only as follows:
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Act,
(b1)  if the disclosure is for the purposes of giving evidence:
(i)  as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and
(ii)  as to the substance of that agreement,
(c)  where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,
(c1)  where the disclosure is made for the purposes of section 29A,
(d)  where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner,
(e)  where the disclosure does not reveal the identity of a person without the consent of the person and is reasonably required for the purposes of research carried out by, or with the approval of, the Director or an evaluation pursuant to section 26, or
(f)  in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.

29A   Mandatory reporting

If a mediator has reasonable grounds to suspect that a child is at risk of significant harm (within the meaning of section 23 of the Children and Young Persons (Care and Protection) Act 1998) and those grounds arise during the course of or from the mediator’s work as a mediator, it is the duty of the mediator to make a report, as soon as practicable, under section 24 of that Act.

30   (Repealed)

31   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  In particular, regulations may be made for or with respect to the following:
(a)  fees and charges for services provided by Community Justice Centres and mediators,
(b)  without limiting paragraph (a), fees and charges for services relating to mediation referred to in section 20A (whether or not requested or agreed to),
(c)  the waiver or refund of the whole or part of any such fee or charge.

32   Repeal of Act No 134, 1980

The Community Justice Centres (Pilot Project) Act 1980 is repealed.

33   Savings and transitional provisions

Schedule 4 has effect.
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