{"id":"care-and-protection-of-children-mediation-conferences-regulations-2010","name":"CARE AND PROTECTION OF CHILDREN (MEDIATION CONFERENCES) REGULATIONS 2010","slug":"care-and-protection-of-children-mediation-conferences-regulations-2010","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174389,"registerId":"nt-care-and-protection-of-children-mediation-conferences-regulations-2010-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CARE AND PROTECTION OF CHILDREN (MEDIATION CONFERENCES) REGULATIONS 2010","content":"NORTHERN TERRITORY OF AUSTRALIA\nCARE AND PROTECTION OF CHILDREN (MEDIATION CONFERENCES)\nREGULATIONS 2010\nAs in force at 10 February 2026\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Referral by CEO .............................................................................. 1\n5 Preparing for mediation conference................................................. 2\n6 Appointment of representative for child ........................................... 3\n7 Notify CEO if mediation conference not convened .......................... 3\n8 Conduct of mediation conference .................................................... 4\n9 Reporting outcomes of mediation conference ................................. 5\n10 No disclosure of personal information ............................................. 6\n11 Qualifications of convenor ............................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nCARE AND PROTECTION OF CHILDREN (MEDIATION CONFERENCES)\nREGULATIONS 2010\nRegulations under the Care and Protection of Children Act 2007\n1 Citation\nThese Regulations may be cited as the Care and Protection of\nChildren (Mediation Conferences) Regulations 2010.\n2 Commencement\nThese Regulations commence on the commencement of Chapter 2,\nPart 2.1, Division 6 of the Care and Protection of Children Act 2007.\n3 Definitions\nIn these Regulations:\nAustralian Mediator and Dispute Resolution Accreditation\nStandards means the Australian Mediator and Dispute Resolution\nAccreditation Standards published by the Australian Mediator and\nDispute Resolution Accreditation Standards Board, as in force from\ntime to time.\nconvenor, for a mediation conference arranged under section 49 of\nthe Act, means the person appointed under section 49(5) of the Act\nto convene the conference.\nparticipant, for a mediation conference, means a person who\nattends the conference.\n4 Referral by CEO\nAs soon as practicable following the appointment of a convenor to\nconvene a mediation conference for a child, the CEO must give the\nconvenor written notice of the following:\n(a) the name and contact details of the following persons:\n(i) the child;\n\nCare and Protection of Children (Mediation Conferences) Regulations 2010 2\n(ii) each parent of the child;\n(iii) any member of the child's family whom the CEO or a\nparent of the child considers should be invited to the\nconference;\n(iv) any other person whom the CEO or a parent of the child\nconsiders should be invited to the conference;\n(b) the cultural, ethnic and religious background of the child;\n(c) the purpose for which the conference is to be convened;\n(d) any other information the CEO considers appropriate.\n5 Preparing for mediation conference\n(1) Before convening the mediation conference, the convenor must:\n(a) take the following actions if appropriate to do so, having\nregard to the child's maturity and understanding:\n(i) explain to the child the purpose of the conference;\n(ii) discuss with the child whether the child wants a person\nto be appointed under regulation 6(1) to present, or\nassist the child to present, the wishes and views of the\nchild at the conference;\n(iii) discuss with the child whether the child wants a\nparticular person to attend the conference to support the\nchild; and\n(b) explain to such members of the child's family as the convenor\nconsiders appropriate the purpose of the conference; and\n(c) discuss with such members of the child's family as the\nconvenor considers appropriate who should be invited to the\nconference.\n(2) Despite subregulation (1), the convenor is not required to take the\nactions mentioned in subregulation (1)(b) and (c) in relation to a\nmember of the child's family whom the convenor is unable to\ncontact after making reasonable attempts to do so.\n\nCare and Protection of Children (Mediation Conferences) Regulations 2010 3\n(3) Before convening the mediation conference the convenor must also\ninvite to the conference any person the convenor considers should\nattend.\nNote for subregulation (3)\nFor a mediation conference for an Aboriginal child, the convenor should have\nregard to section 12(2) of the Act.\n(4) The convenor may arrange for a person who has a similar cultural,\nethnic or religious background to the child to assist the convenor to\nprepare for or conduct the mediation conference.\n6 Appointment of representative for child\n(1) Before convening the mediation conference, the convenor must\nappoint a suitable person to present, or assist the child to present,\nthe wishes and views of the child at the conference if:\n(a) the convenor is requested to do so by the child; and\n(b) the convenor considers it to be in the best interests of the\nchild.\n(2) In subregulation (1):\nsuitable person means any person the convenor considers will\naccurately and effectively present, or assist the child to present, the\nwishes and views of the child at the mediation conference, taking\ninto account the cultural, ethnic and religious background of the\nchild.\n7 Notify CEO if mediation conference not convened\n(1) This regulation applies if:\n(a) following discussions with the child or a member of the child's\nfamily – the convenor forms the view that the mediation\nconference should not be convened; or\n(b) following an attempt to convene the conference – the\nconvenor forms the view that it will not be possible for the\nconference to be convened within a reasonable time.\n(2) As soon as practicable after forming the view, the convenor must\ngive the CEO written notice of the convenor's view and the grounds\non which it is based.\n\nCare and Protection of Children (Mediation Conferences) Regulations 2010 4\n8 Conduct of mediation conference\n(1) The convenor may conduct the mediation conference in any way\nthe convenor considers appropriate but must, as far as practicable,\nconvene and conduct the conference in a manner appropriate to\nthe cultural, ethnic and religious background of the child.\n(2) In addition, the convenor must, as far as practicable, ensure the\nfollowing things occur at the mediation conference in the order\nspecified:\n(a) firstly:\n(i) the convenor explains to the participants the purpose of\nthe conference; and\n(ii) each participant is given an opportunity to present his or\nher views and raise concerns relevant to the purpose of\nthe conference;\n(b) secondly, the family members of the child who are attending\nthe conference (the family members) are given an\nopportunity, in private, to:\n(i) consider and discuss the views presented and concerns\nraised by the participants; and\n(ii) if applicable – develop a proposal for safeguarding the\nwellbeing of the child (the proposal);\n(c) finally, if applicable:\n(i) the family members are given an opportunity to present\nthe proposal; and\n(ii) the participants are given an opportunity to consider and\ndiscuss the proposal and negotiate with the family\nmembers any aspects of the proposal that may not\nsafeguard the child's wellbeing; and\n(iii) the participants try to agree on the best means of\nsafeguarding the wellbeing of the child.\n(3) If, during the mediation conference, an agreement on the best\nmeans of safeguarding the wellbeing of the child is arrived at, the\nconvenor must:\n(a) make a written record of:\n(i) the details of the agreement; and\n\nCare and Protection of Children (Mediation Conferences) Regulations 2010 5\n(ii) the name of each participant who is party to the\nagreement; and\n(iii) whether the participant is attending the conference in\nperson or by other means; and\n(b) arrange for the record to be signed by each participant who is\nparty to the agreement and attending the conference in\nperson.\n9 Reporting outcomes of mediation conference\n(1) The convenor must prepare a written report about the mediation\nconference and, within 28 days after the conference, give a copy of\nthe report to:\n(a) each participant; and\n(b) the CEO.\n(2) The report must be signed by the convenor and contain the\nfollowing:\n(a) details of the time and place the mediation conference was\nheld;\n(b) a list of the persons who were invited to the conference;\n(c) a list of the participants;\n(d) a summary of the concerns that were raised and the outcomes\nof the conference;\n(e) a summary of the views of the child if the child agrees to have\nthe summary included and the convenor considers it to be in\nthe best interests of the child to do so;\n(f) if, during the conference, an agreement on the best means of\nsafeguarding the wellbeing of the child was arrived at:\n(i) a copy of the record made under regulation 8(3); and\n(ii) a statement as to whether or not the convenor considers\nthe wellbeing of the child will be safeguarded through the\nagreement.\n(3) The report must not disclose any matters that were discussed at the\nmediation conference, except as required by subregulation (2).\n\nCare and Protection of Children (Mediation Conferences) Regulations 2010 6\n10 No disclosure of personal information\n(1) Except as required by regulation 9, a convenor must not disclose\nany personal information about a child, or a member of the child's\nfamily, that the convenor obtains as a result of convening a\nmediation conference for the child.\nMaximum penalty: 200 penalty units.\n(2) A person mentioned in regulation 5(4) must not disclose any\npersonal information about a child, or a member of the child's\nfamily, that the person obtains as a result of assisting the convenor\nin relation to a mediation conference for the child.\nMaximum penalty: 200 penalty units.\n(3) A person appointed under regulation 6(1) in relation to a mediation\nconference for a child must not disclose any personal information\nabout the child, or a member of the child's family, that the person\nobtains as a result of the person's appointment.\nMaximum penalty: 200 penalty units.\n(4) This regulation does not prevent a person from disclosing\ninformation if authorised or required to do so by law.\n(5) In this regulation:\npersonal information means information from which a person's\nidentity is apparent or reasonably able to be ascertained.\n11 Qualifications of convenor\nFor section 49(5) of the Act, a person may be appointed as a\nconvenor if the person:\n(a) is accredited to act as a mediator under the Australian\nMediator and Dispute Resolution Accreditation Standards; or\n(b) has experience relevant to convening a mediation conference.\n\nENDNOTES\nCare and Protection of Children (Mediation Conferences) Regulations 2010 7\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCare and Protection of Children (Mediation Conferences) Regulations (SL No. 4, 2010)\nNotified 12 May 2010\nCommenced 18 August 2010 (r 2, s 2 Care and Protection of Children\nAct 2007 (Act No. 37, 2007) and Gaz S43, 18 August 2010)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 2.\n4 LIST OF AMENDMENTS\nr 3 amd Act No. 3, 2026, s 64\nr 11 amd Act No. 3, 2026, s 64","sortOrder":0}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication that the scope of these regulations has shifted from their original intent. They appear to remain focused on governing the procedural conduct of mediation conferences within the Northern Territory's child protection system, consistent with their title and the enabling parent legislation."},"complexity_factors":["Split administrative responsibility between two government agencies (Department of Children and Families and Attorney-General's Department), which can create jurisdictional ambiguity","Operates as subordinate legislation beneath a parent Act, meaning full understanding requires reading both documents together","Involves a specialised legal process (mediation conferences) with its own procedural rules distinct from ordinary court processes","The metadata provided is sparse — key details like the Gazette number, date of making, and full regulatory text are absent, limiting full analysis","Child protection law intersects with family law, administrative law, and mediation/ADR (Alternative Dispute Resolution) frameworks, adding layers of context needed to apply the rules correctly"],"plain_english_summary":"These regulations set the rules for mediation conferences in the Northern Territory child protection system, specifying how meetings between families, child protection workers, mediators and legal reps operate to resolve disputes about care, removal and return of children without immediate court action. \n\nThey affect children at risk, their families, the Department of Children and Families and the Attorney‑General’s Department, and matter because mediation offers a less adversarial route and records how outcomes and information are handled."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising mediation conferences under section 49 of the Care and Protection of Children Act 2007. The 2026 amendments appear to be technical/statute law revision amendments (general amendments of a formal nature) rather than substantive expansion of scope."},"complexity_factors":["Short length (11 regulations plus endnotes)","Minimal cross-referencing (primarily references to the parent Act — Care and Protection of Children Act 2007 — and one external standard)","Simple conditional structure (mostly 'if/then' logic without nested exceptions)","Only 3 defined terms in the interpretation section (regulation 3)","Clear sequential structure (preparation → conduct → reporting)","Straightforward penalty provisions (single-tier penalties in regulation 10)","Limited amendments (only 2 regulations amended by 2026 statute law revision)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for how **mediation conferences** work under the Northern Territory's child protection system. A mediation conference is a structured meeting where families, child protection staff, and other relevant people come together to try to reach agreement on how to keep a child safe and well, without going straight to court.\n\n**Who it affects:**\n\n- **Children** who are the subject of child protection concerns\n- **Parents and family members** of those children\n- **Convenors** — the independent people who run these conferences (they must be accredited mediators or have relevant experience)\n- **The CEO** of the Northern Territory child protection department\n- **Support persons and representatives** appointed to help children express their views\n\n**Key requirements:**\n\n- **Before the conference:** The convenor must explain the process to the child (if old enough to understand), discuss whether the child wants a representative or support person, and invite appropriate family members and others. They must also consider the child's cultural, ethnic and religious background.\n\n- **During the conference:** The convenor must follow a specific three-stage process: (1) everyone presents their views, (2) family members discuss privately and develop a proposal for the child's wellbeing, and (3) everyone discusses the proposal and tries to reach agreement.\n\n- **Child's voice:** Children can request a representative to present their wishes and views at the conference.\n\n- **Confidentiality:** Strict rules prevent convenors, assistants, and child representatives from disclosing personal information obtained during the process (maximum penalty: 200 penalty units). The final report to participants and the CEO must not disclose what was discussed, only procedural details and outcomes.\n\n- **Reporting:** The convenor must provide a written report within 28 days covering who attended, what was agreed, and whether the agreement will safeguard the child's wellbeing.\n\n**Why it matters:**\n\nThese regulations ensure that when child protection concerns arise, families get a chance to resolve issues through discussion rather than immediately facing court proceedings. The rules prioritise the child's cultural background, ensure their voice is heard, protect privacy, and create accountability through proper documentation — all while keeping the child's best interests as the central focus."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The publicly-noted amendments (endnotes show r 3 and r 11 amended by the Statute Law Revision and Repeals Act 2026) appear to be formal or clarifying adjustments to definitions and the convenor qualifications rather than substantive expansions of the Regulations’ core purpose. The instrument still governs the same set of actions: referral information, convenor preparation and conduct of mediation conferences, reporting, confidentiality and qualifications. The amendments update or clarify terms (including reference to accreditation standards and the qualifications pathway) but do not materially broaden the policy reach or introduce new regulatory powers beyond the original mediation-conference framework (regs 3 and 11)."},"complexity_factors":["11 regulations in total (regs 1–11)","3 defined terms in regulation 3 (Australian Mediator and Dispute Resolution Accreditation Standards; convenor; participant)","Multiple cross-references to the Care and Protection of Children Act 2007 (notably s 49, s 49(5), s 12(2))","Conditional duties with conjunctive tests (e.g. reg 6(1) requires both child request and convenor considering best interests)","Sequenced procedural steps with nested sub-steps (reg 8(2) has a three‑stage sequence with nested negotiation requirements)","Reporting and timing requirement (28-day deadline in reg 9(1))","Confidentiality prohibition with exceptions and a criminal/penalty sanction (reg 10 with 200 penalty units)","Discretionary terms and open-ended standards (\"as far as practicable\", \"suitable person\", \"relevant experience\") increasing interpretation work for administrators","References to external standards (Australian Mediator and Dispute Resolution Accreditation Standards) which are incorporated by reference and may change over time (reg 3)"],"plain_english_summary":"**What these Regulations do (mechanics first)**\n\n- Establish practical rules for running mediation conferences that deal with the care and protection of a child under the Care and Protection of Children Act 2007.\n- Set out what information the Department (the CEO) must give a convenor when a convenor is appointed (name/contact details of the child, parents and other persons to be invited; the child’s cultural/ethnic/religious background; the purpose of the conference; and any other information the CEO considers appropriate) (reg 4).\n- Require the convenor to prepare the child and family (explaining purpose, discussing support persons and whether the child wants someone to present their views) and to invite any other persons the convenor thinks should attend (regs 5 and 5(3)). The convenor can seek a cultural advisor to assist preparation or conduct (reg 5(4)).\n- Require the convenor to appoint someone to present or help present the child’s wishes if the child asks and the convenor considers it in the child’s best interests; the convenor must choose a person who will accurately present the child’s views having regard to the child’s cultural/ethnic/religious background (reg 6).\n- Require the convenor to tell the CEO in writing if the convenor forms the view that the conference should not be held or cannot be held within a reasonable time, together with the reasons (reg 7).\n- Give the convenor broad discretion on how to run the conference, but require that, as far as practicable, the conference be culturally appropriate and follow a set order of steps: explanation and initial airing of views; private family discussion and, if relevant, development of a proposal to safeguard the child; then presentation and negotiation about any proposal and an attempt to agree on safeguarding arrangements (reg 8).\n- If an agreement is reached during the conference, require the convenor to make a written record with details and the names of participants who are party to the agreement and attending in person; and to arrange for those in-person participants to sign it (reg 8(3)).\n- Require the convenor to prepare a written report within 28 days and give it to each participant and to the CEO. The report must contain meeting logistics, invitee and participant lists, a summary of concerns and outcomes, the child’s views if included with the child’s agreement and in the child’s best interests, and—where there was an agreement—the record of the agreement and a statement whether the convenor considers the agreement will safeguard the child (reg 9).\n- Impose strict confidentiality: convenors, persons who assist convenors, and persons appointed to present a child must not disclose personal information obtained through the conference except as required by law; breach attracts a maximum penalty of 200 penalty units (reg 10).\n- Specify minimum qualifications for a convenor: either accreditation under the Australian Mediator and Dispute Resolution Accreditation Standards or relevant experience (reg 11).\n\n**Who is affected**\n\n- The child who is the subject of a mediation conference and their parents and family members (regs 4, 5, 8, 9).\n- The CEO (departmental officer) who refers cases, supplies information to convenors and receives reports (regs 4, 9, 7).\n- Convenors (the person appointed to run the conference) who must prepare, run and report on conferences, protect confidentiality and may appoint representatives or advisers (regs 3, 5–11).\n- Any person invited to attend, people who assist the convenor (including cultural advisers) and a person appointed to present or assist the child (regs 4, 5(3)–(4), 6).\n- Mediators and dispute-resolution professionals: accreditation is encouraged by the qualifications rule but “relevant experience” is an alternative (reg 11).\n\n**Why this matters (official rationale and practical consequences)**\n\n- Officially: the Regulations give concrete procedures to implement mediation conferences under the broader Act—covering referral information, procedural steps, confidentiality, reporting and convenor qualifications (regs 4–11).\n\n- Practical mechanisms and incentives:\n  - The CEO must disclose case and contact information to the convenor, which centralises case information flow to the convenor and enables the convenor to invite relevant people (reg 4).\n  - Convenors have broad procedural discretion (how to run the meeting, who to invite, whether to appoint a representative for the child) but must follow specified steps where practicable (regs 5, 8). That discretion affects how consistently conferences are run across cases.\n  - Confidentiality rules with criminal penalties (reg 10) create a strong legal incentive to keep personal information private; reporting obligations (reg 9) compel formal documentation to the CEO and participants.\n  - The qualifications rule (reg 11) steers appointments toward accredited mediators but allows non‑accredited persons with relevant experience, which preserves flexibility while creating a potential advantage for accredited mediators in the market for convenors.\n\n**Costs, trade-offs and implementation risks**\n\n- Administrative and time costs: the CEO must collect and transmit information (reg 4), convenors must prepare participants, run conferences and produce detailed reports within 28 days (regs 5, 9). Family members and other invitees incur time costs to attend and participate.\n- Discretion and uneven practice: the convenor’s wide discretion (who to invite, how to run the process, whether to appoint a child’s representative and what counts as “best interests”) creates a risk of inconsistent outcomes or different experiences between cases (regs 5, 6, 8). That discretion concentrates decision-making in the convenor’s hands (reg 11 specifies who may be appointed as convenor).\n- Confidentiality vs. transparency: strong secrecy protects participants’ privacy (reg 10) but also limits public transparency of what occurs in conferences. The Regulations permit disclosure only when required or authorised by law (reg 10(4)).\n- Burden on small providers/mediators: accreditation creates a credential that may be preferred in appointments (reg 11), which can advantage accredited mediators commercially; the Regulations do, however, retain an experience-based appointment path.\n- Potential substitution effects: the structure lets families and convenors reach non‑court agreements that are recorded and reported to the CEO (regs 8–9). This can reduce formal legal proceedings in individual cases by providing a negotiated alternative, but the Regulations themselves do not mandate how the CEO or courts will treat such agreements.\n\n**Who pays and who decides**\n\n- The Department (CEO) supplies case materials and receives reports (regs 4, 9). The Regulation does not specify payment arrangements for convenors or advisers — that remains outside these Regulations.\n- Convenors decide how to run conferences, who to invite (within the rules), whether to appoint a representative for the child (where requested and in the child’s best interests), and whether to use cultural advisers (regs 5, 6, 8).\n- Participants (family, child, others) decide whether to attend and whether to sign any agreement reached (reg 8(3)).\n\n**Concrete statutory references for key points**\n- CEO referral information to convenor: reg 4.\n- Convenor preparation duties and invitation powers: reg 5 (and note re Aboriginal children: reg 5(3) referring to s 12(2) of the Act).\n- Appointment of a person to present the child’s views: reg 6.\n- Convenor must notify CEO if conference not held or cannot be convened within a reasonable time: reg 7.\n- Order and conduct of conference and recording of agreements: reg 8.\n- Reporting requirements and 28‑day deadline: reg 9.\n- Confidentiality and 200 penalty‑unit maximum penalty: reg 10.\n- Convenor qualifications (accreditation or relevant experience): reg 11.\n\n"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010","history":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010/history","analysis":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010/analysis","conflicts":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010/conflicts","importantCases":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010/important-cases","documents":"/api/acts/care-and-protection-of-children-mediation-conferences-regulations-2010/documents"}}