{"id":"qld:act-1990-035","name":"Dispute Resolution Centres Act 1990","slug":"dispute-resolution-centres-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"35 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104877,"registerId":"qld-act-1990-035-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Dispute Resolution Centres Act 1990 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Interpretation","content":"### sec.2 Interpretation\n\nIn this Act—\nagency means a department or local government, and includes part of an agency.\ns 2 def agency ins 1997 No. 38 s 17\ncouncil ...\ns 2 def council om 2013 No. 35 s 46 (1)\ndepartment ...\ns 2 def department om R2 (see RA s 39)\ndirector means a person holding office or duly acting as director of a dispute resolution centre.\ndispute resolution centre means a dispute resolution centre established under this Act.\nfunctions includes powers, authorities and duties.\nmediation includes—\nthe undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and\nthe bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and\nthe follow-up of any matter the subject of any such discussion or settlement.\nmediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter.\nmediator , in relation to a dispute resolution centre, means—\nthe director of the centre; or\na person appointed under section 27AB as a mediator for the centre.\ns 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2)\nmember ...\ns 2 def member om 2013 No. 35 s 46 (1)\nMinister ...\ns 2 def Minister om R2 (see RA s 39)\nQCAT principal registrar means the principal registrar under the QCAT Act .\ns 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1)\nQueensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended.\nreferring order means an order referring a dispute for mediation made by—\nthe Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or\nQCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or\nthe Planning and Environment Court under the Planning and Environment Court Act 2016 .\ns 2 def referring order ins 1997 No. 38 s 17\namd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2)\nsub 2011 No. 45 s 217 sch 1A\namd 2019 No. 11 s 231 s ch 1 pt 2\nA reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.\nA reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session.\nA reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.\n(sec.2-ssec.1) In this Act— agency means a department or local government, and includes part of an agency. s 2 def agency ins 1997 No. 38 s 17 council ... s 2 def council om 2013 No. 35 s 46 (1) department ... s 2 def department om R2 (see RA s 39) director means a person holding office or duly acting as director of a dispute resolution centre. dispute resolution centre means a dispute resolution centre established under this Act. functions includes powers, authorities and duties. mediation includes— the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and the follow-up of any matter the subject of any such discussion or settlement. mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter. mediator , in relation to a dispute resolution centre, means— the director of the centre; or a person appointed under section 27AB as a mediator for the centre. s 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2) member ... s 2 def member om 2013 No. 35 s 46 (1) Minister ... s 2 def Minister om R2 (see RA s 39) QCAT principal registrar means the principal registrar under the QCAT Act . s 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1) Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended. referring order means an order referring a dispute for mediation made by— the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or the Planning and Environment Court under the Planning and Environment Court Act 2016 . s 2 def referring order ins 1997 No. 38 s 17 amd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2) sub 2011 No. 45 s 217 sch 1A amd 2019 No. 11 s 231 s ch 1 pt 2\n(sec.2-ssec.2) A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.\n(sec.2-ssec.3) A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session.\n(sec.2-ssec.4) A reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.\n- (a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and\n- (b) the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and\n- (c) the follow-up of any matter the subject of any such discussion or settlement.\n- (a) the director of the centre; or\n- (b) a person appointed under section 27AB as a mediator for the centre.\n- (a) the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or\n- (b) QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or\n- (c) the Planning and Environment Court under the Planning and Environment Court Act 2016 .","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":null,"content":"","sortOrder":3},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 amd 1997 No. 38 s 18\nom 2013 No. 35 s 48","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 1997 No. 38 s 19","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 2013 No. 35 s 48","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 sub 1997 No. 38 s 20\nom 2013 No. 35 s 48","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 2013 No. 35 s 48","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 amd 1997 No. 38 s 21\nom 2013 No. 35 s 48","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1994 No. 29 s 3 sch ; 2000 No. 16 s 590 sch 1 pt 2\nom 2013 No. 35 s 48","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 amd 1997 No. 38 s 22\nom 2013 No. 35 s 48","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 amd 1997 No. 38 s 23\nom 2013 No. 35 s 48","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2013 No. 35 s 48","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 2013 No. 35 s 48","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 om 2013 No. 35 s 48","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 1996 No. 37 s 147 sch 2","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 2013 No. 35 s 48","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 2013 No. 35 s 48","sortOrder":19},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":20},{"sectionNumber":"pt.3","sectionType":"part","heading":"Dispute resolution centres","content":"# Dispute resolution centres","sortOrder":21},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment and operation of dispute resolution centres","content":"## Establishment and operation of dispute resolution centres","sortOrder":22},{"sectionNumber":"sec.22","sectionType":"section","heading":"Establishment of dispute resolution centres","content":"### sec.22 Establishment of dispute resolution centres\n\nDispute resolution centres may be established and operated in accordance with this Act for the purpose of providing mediation services.","sortOrder":23},{"sectionNumber":"sec.23","sectionType":"section","heading":"Premises of dispute resolution centres","content":"### sec.23 Premises of dispute resolution centres\n\nDispute resolution centres may be established at such premises as the Governor in Council may determine by gazette notice.\ns 23 amd 1997 No. 38 s 26","sortOrder":24},{"sectionNumber":"sec.24","sectionType":"section","heading":"Place of operation of dispute resolution centres","content":"### sec.24 Place of operation of dispute resolution centres\n\nThe principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .\nThe activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.\ns 24 amd 1997 No. 38 s 27\n(sec.24-ssec.1) The principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .\n(sec.24-ssec.2) The activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.","sortOrder":25},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 1997 No. 38 s 28","sortOrder":26},{"sectionNumber":"sec.26","sectionType":"section","heading":"Centres to be part of department","content":"### sec.26 Centres to be part of department\n\nDispute resolution centres are to operate within and as parts of the department, and nothing in this Act derogates from the operation of the provisions of the Public Sector Act 2022 , or any other Act so far as they apply to that department and any such part thereof.\ns 26 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3","sortOrder":27},{"sectionNumber":"sec.27","sectionType":"section","heading":"Use of certain words","content":"### sec.27 Use of certain words\n\nThe words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner—\nunless in either case it is in fact a dispute resolution centre established under this Act; or\nexcept in either case with the consent of the Minister.\nIn this section, a reference to—\nthe words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and\nthe letters DRC includes a reference to matter that is substantially the same as those letters.\nA person who—\nuses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or\nholds out or causes to be held out anything as a dispute resolution centre;\nin contravention of subsection (1) , commits an offence against this Act.\nMaximum penalty—15 penalty units.\nIt is a defence to prove that the usage or holding out in question was established before the commencement of this section.\ns 27 amd 1997 No. 38 s 29 ; 2007 No. 37 s 46\n(sec.27-ssec.1) The words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner— unless in either case it is in fact a dispute resolution centre established under this Act; or except in either case with the consent of the Minister.\n(sec.27-ssec.2) In this section, a reference to— the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and the letters DRC includes a reference to matter that is substantially the same as those letters.\n(sec.27-ssec.3) A person who— uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or holds out or causes to be held out anything as a dispute resolution centre; in contravention of subsection (1) , commits an offence against this Act. Maximum penalty—15 penalty units.\n(sec.27-ssec.4) It is a defence to prove that the usage or holding out in question was established before the commencement of this section.\n- (a) unless in either case it is in fact a dispute resolution centre established under this Act; or\n- (b) except in either case with the consent of the Minister.\n- (a) the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and\n- (b) the letters DRC includes a reference to matter that is substantially the same as those letters.\n- (a) uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or\n- (b) holds out or causes to be held out anything as a dispute resolution centre;","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Staff of dispute resolution centres","content":"## Staff of dispute resolution centres","sortOrder":29},{"sectionNumber":"sec.27AA","sectionType":"section","heading":"Directors","content":"### sec.27AA Directors\n\nThere is to be a director for each dispute resolution centre and the same person may be the director for more than 1 dispute resolution centre.\ns 27AA (prev s 18) amd 1997 No. 38 s 24\nreloc and renum 2013 No. 35 s 50","sortOrder":30},{"sectionNumber":"sec.27AB","sectionType":"section","heading":"Mediators","content":"### sec.27AB Mediators\n\nThe chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.\nA person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.\nIn making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.\nThe chief executive may impose conditions on the appointment of a person as a mediator.\nA mediator is to be paid the remuneration and allowances decided by the chief executive.\nA mediator is appointed under this Act and not the Public Sector Act 2022 .\ns 27AB (prev s 19) amd 1997 No. 38 s 25 ; 2008 No. 59 s 33\nreloc and renum 2013 No. 35 s 50\namd 2022 No. 34 s 365 sch 3\n(sec.27AB-ssec.1) The chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.\n(sec.27AB-ssec.2) A person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.\n(sec.27AB-ssec.3) In making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.\n(sec.27AB-ssec.4) The chief executive may impose conditions on the appointment of a person as a mediator.\n(sec.27AB-ssec.5) A mediator is to be paid the remuneration and allowances decided by the chief executive.\n(sec.27AB-ssec.6) A mediator is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":31},{"sectionNumber":"sec.27AC","sectionType":"section","heading":"Staff","content":"### sec.27AC Staff\n\nThe director and staff of a dispute resolution centre (other than a mediator appointed under section 27AB ) are to be employed under the Public Sector Act 2022 .\ns 27AC (prev s 20) amd 1996 No. 37 s 147 sch 2\nsub 2008 No. 59 s 34\nreloc and renum 2013 No. 35 s 50\namd 2013 No. 35 s 53 ; 2022 No. 34 s 365 sch 3","sortOrder":32},{"sectionNumber":"sec.27AD","sectionType":"section","heading":"Delegation by director","content":"### sec.27AD Delegation by director\n\nThe director of a dispute resolution centre may authorise a member of the staff of the centre to discharge such of the director’s functions (including any functions delegated to the director under this Act, but not including this power of authorisation) as the director thinks fit, and the director, or any successor as director of the centre, may revoke wholly or in part any such authorisation.\nA function which is authorised to be discharged under this section, while the authorisation remains unrevoked, may be discharged from time to time in accordance with the terms of the authorisation.\nAn authorisation under this section may be made subject to conditions or limitations.\nNotwithstanding any authorisation under this section, the director may continue to discharge all or any of the functions to which the authorisation relates.\nAny act or thing done in the discharge of a function by a person authorised under this section to discharge the function has the same force and effect as if it had been done by the director.\nWhere the discharge of a function of the director depends on the opinion, belief or state of mind of the director and the function is in accordance with this section authorised to be discharged by another person, the function, subject to any restriction imposed by the director, may be discharged in accordance with the opinion, belief or state of mind of that other person.\ns 27AD (prev s 21) reloc and renum 2013 No. 35 s 50\n(sec.27AD-ssec.1) The director of a dispute resolution centre may authorise a member of the staff of the centre to discharge such of the director’s functions (including any functions delegated to the director under this Act, but not including this power of authorisation) as the director thinks fit, and the director, or any successor as director of the centre, may revoke wholly or in part any such authorisation.\n(sec.27AD-ssec.2) A function which is authorised to be discharged under this section, while the authorisation remains unrevoked, may be discharged from time to time in accordance with the terms of the authorisation.\n(sec.27AD-ssec.3) An authorisation under this section may be made subject to conditions or limitations.\n(sec.27AD-ssec.4) Notwithstanding any authorisation under this section, the director may continue to discharge all or any of the functions to which the authorisation relates.\n(sec.27AD-ssec.5) Any act or thing done in the discharge of a function by a person authorised under this section to discharge the function has the same force and effect as if it had been done by the director.\n(sec.27AD-ssec.6) Where the discharge of a function of the director depends on the opinion, belief or state of mind of the director and the function is in accordance with this section authorised to be discharged by another person, the function, subject to any restriction imposed by the director, may be discharged in accordance with the opinion, belief or state of mind of that other person.","sortOrder":33},{"sectionNumber":"pt.4","sectionType":"part","heading":"Mediation","content":"# Mediation","sortOrder":34},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Application","content":"### sec.27A Application\n\nThis part, other than the prescribed sections, does not apply in relation to a dispute that is the subject of a referring order.\nTo remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.\nIn this section—\nprescribed sections means—\nthis section\nsection 28 (1) , (2) , (3) and (4) .\ns 27A ins 1997 No. 38 s 30\n(sec.27A-ssec.1) This part, other than the prescribed sections, does not apply in relation to a dispute that is the subject of a referring order.\n(sec.27A-ssec.2) To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.\n(sec.27A-ssec.3) In this section— prescribed sections means— this section section 28 (1) , (2) , (3) and (4) .\n- • this section\n- • section 28 (1) , (2) , (3) and (4) .","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Provision of mediation services","content":"### sec.28 Provision of mediation services\n\nThe director of a dispute resolution centre is responsible for the provision of mediation services, including mediation services necessary to give effect to a referring order, and for the operation and management of the centre.\nEach mediation session is to be conducted by 1 or more mediators assigned for the purpose by the director.\nIf, under a referring order, the director of a dispute resolution centre is appointed as mediator of the dispute referred for mediation, the director may assign 1 or more appropriately qualified mediators to conduct the mediation.\nA mediator assigned by the director under subsection (3) is taken to be the mediator appointed for the dispute under the referring order.\nNo dispute may be accepted for mediation under this Act unless the director consents.\ns 28 amd 1997 No. 38 s 31\n(sec.28-ssec.1) The director of a dispute resolution centre is responsible for the provision of mediation services, including mediation services necessary to give effect to a referring order, and for the operation and management of the centre.\n(sec.28-ssec.2) Each mediation session is to be conducted by 1 or more mediators assigned for the purpose by the director.\n(sec.28-ssec.3) If, under a referring order, the director of a dispute resolution centre is appointed as mediator of the dispute referred for mediation, the director may assign 1 or more appropriately qualified mediators to conduct the mediation.\n(sec.28-ssec.4) A mediator assigned by the director under subsection (3) is taken to be the mediator appointed for the dispute under the referring order.\n(sec.28-ssec.5) No dispute may be accepted for mediation under this Act unless the director consents.","sortOrder":36},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of mediation sessions","content":"### sec.29 Conduct of mediation sessions\n\nThe procedure for commencing and conducting a mediation session at a dispute resolution centre is to be as determined by the director.\nMediation sessions are to be conducted with as little formality and technicality, and with as much expedition, as possible.\nThe rules of evidence do not apply to mediation sessions.\nA dispute may not be adjudicated or arbitrated upon at a mediation session.\nA mediation session is to be conducted in the absence of the public, but persons who are not parties to a mediation session may be present at or participate in a mediation session with the permission of the director.\ns 29 amd 1997 No. 38 s 32\n(sec.29-ssec.1) The procedure for commencing and conducting a mediation session at a dispute resolution centre is to be as determined by the director.\n(sec.29-ssec.2) Mediation sessions are to be conducted with as little formality and technicality, and with as much expedition, as possible.\n(sec.29-ssec.3) The rules of evidence do not apply to mediation sessions.\n(sec.29-ssec.4) A dispute may not be adjudicated or arbitrated upon at a mediation session.\n(sec.29-ssec.5) A mediation session is to be conducted in the absence of the public, but persons who are not parties to a mediation session may be present at or participate in a mediation session with the permission of the director.","sortOrder":37},{"sectionNumber":"sec.30","sectionType":"section","heading":"Disputes","content":"### sec.30 Disputes\n\nThe director of a dispute resolution centre may decide, for the centre, that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.\nA mediation session may be commenced or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.\nFor the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).\ns 30 amd 1997 No. 38 s 33\n(sec.30-ssec.1) The director of a dispute resolution centre may decide, for the centre, that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.\n(sec.30-ssec.2) A mediation session may be commenced or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.\n(sec.30-ssec.3) For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Mediation to be voluntary","content":"### sec.31 Mediation to be voluntary\n\nAttendance at and participation in mediation sessions are voluntary.\nA party to a mediation session may withdraw from the mediation session at any time.\nNotwithstanding any rule of law or equity, any agreement reached at, or drawn up pursuant to, a mediation session is not enforceable in any court, tribunal or body, unless the parties agree in writing that the agreement is to be enforceable.\nExcept as expressly provided in this Act, nothing in this Act affects any rights or remedies that a party to a dispute has apart from this Act.\ns 31 amd 1997 No. 38 s 34\n(sec.31-ssec.1) Attendance at and participation in mediation sessions are voluntary.\n(sec.31-ssec.2) A party to a mediation session may withdraw from the mediation session at any time.\n(sec.31-ssec.3) Notwithstanding any rule of law or equity, any agreement reached at, or drawn up pursuant to, a mediation session is not enforceable in any court, tribunal or body, unless the parties agree in writing that the agreement is to be enforceable.\n(sec.31-ssec.4) Except as expressly provided in this Act, nothing in this Act affects any rights or remedies that a party to a dispute has apart from this Act.","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Refusal or termination of mediation","content":"### sec.32 Refusal or termination of mediation\n\nThe director of a dispute resolution centre may decline to consent to the acceptance of any dispute for mediation under this Act at the centre.\nA mediation session may be terminated at any time by the mediator or by the director.\n(sec.32-ssec.1) The director of a dispute resolution centre may decline to consent to the acceptance of any dispute for mediation under this Act at the centre.\n(sec.32-ssec.2) A mediation session may be terminated at any time by the mediator or by the director.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Representation by agent","content":"### sec.33 Representation by agent\n\nA party to a mediation session is not entitled to be represented by an agent unless—\nit appears to the director that—\nan agent should be permitted in order to facilitate mediation; and\nthe agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and\nthe director so approves.\nSubsection (1) does not prevent—\nwhere a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or\nwhere a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or\nif a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or\nwhere any other corporation is a party to a mediation session—an agent appointed by the corporation;\nfrom representing that corporation.\nWhere a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.\nContravention of any provision of this section does not invalidate any mediation session.\ns 33 amd 1996 No. 79 s 28 ; 1997 No. 28 s 295 sch 3 ; 2001 No. 45 s 29 sch 3\n(sec.33-ssec.1) A party to a mediation session is not entitled to be represented by an agent unless— it appears to the director that— an agent should be permitted in order to facilitate mediation; and the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and the director so approves.\n(sec.33-ssec.2) Subsection (1) does not prevent— where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or where any other corporation is a party to a mediation session—an agent appointed by the corporation; from representing that corporation.\n(sec.33-ssec.3) Where a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.\n(sec.33-ssec.4) Contravention of any provision of this section does not invalidate any mediation session.\n- (a) it appears to the director that— (i) an agent should be permitted in order to facilitate mediation; and (ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and\n- (i) an agent should be permitted in order to facilitate mediation; and\n- (ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and\n- (b) the director so approves.\n- (i) an agent should be permitted in order to facilitate mediation; and\n- (ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and\n- (a) where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or\n- (b) where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or\n- (ba) if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or\n- (c) where any other corporation is a party to a mediation session—an agent appointed by the corporation;","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 1997 No. 38 s 35","sortOrder":42},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Exoneration from liability","content":"### sec.35 Exoneration from liability\n\nNo matter or thing done or omitted to be done by—\na mediator; or\na director or a member of the staff of a dispute resolution centre;\nif the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand.\nA police officer, or any other officer or person, is not liable to be proceeded against in respect of—\nfailure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or\nthe arrest of a person followed by such a failure; or\nfailure to offer evidence at the hearing of a charge referred to in paragraph (a) ;\nif the failure is reasonable—\nby reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and\nin all the circumstances of the case.\nIn subsection (2) —\noffence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 .\nNothing 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.\nNo person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director.\ns 35 amd 2002 No. 6 s 53 sch 2 ; 2013 No. 35 s 54 ; 2016 No. 51 s 73 sch 1\n(sec.35-ssec.1) No matter or thing done or omitted to be done by— a mediator; or a director or a member of the staff of a dispute resolution centre; if the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand.\n(sec.35-ssec.2) A police officer, or any other officer or person, is not liable to be proceeded against in respect of— failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or the arrest of a person followed by such a failure; or failure to offer evidence at the hearing of a charge referred to in paragraph (a) ; if the failure is reasonable— by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and in all the circumstances of the case.\n(sec.35-ssec.3) In subsection (2) — offence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 .\n(sec.35-ssec.4) 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.\n(sec.35-ssec.5) No person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director.\n- (a) a mediator; or\n- (b) a director or a member of the staff of a dispute resolution centre;\n- (a) failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or\n- (b) the arrest of a person followed by such a failure; or\n- (c) failure to offer evidence at the hearing of a charge referred to in paragraph (a) ;\n- (d) by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and\n- (e) in all the circumstances of the case.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Privilege","content":"### sec.36 Privilege\n\nIn this section—\nmediation 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.\nSubject to subsection (3) , the like privilege with respect to defamation exists with respect to—\na mediation session; or\na document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged;\nas exists with respect to proceedings before the Supreme Court and a document produced in these proceedings.\nThe privilege conferred by subsection (2) does not extend to a publication made otherwise than—\nat a mediation session; or\nas provided by subsection (2) (b) ; or\nas provided by section 37 (2) .\nEvidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.\nA 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.\nSubsections (4) and (5) do not apply with respect to any evidence or document—\nwhere the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or\nin proceedings instituted with respect to—\nany act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or\nan offence under section 37 (3) concerning the disclosure of the evidence or document.\nThis section does not apply in relation to a dispute that is the subject of a referring order.\nTo remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.\ns 36 amd 1997 No. 38 s 36\n(sec.36-ssec.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.\n(sec.36-ssec.2) Subject to subsection (3) , the like privilege with respect to defamation exists with respect to— a mediation session; or a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged; as exists with respect to proceedings before the Supreme Court and a document produced in these proceedings.\n(sec.36-ssec.3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than— at a mediation session; or as provided by subsection (2) (b) ; or as provided by section 37 (2) .\n(sec.36-ssec.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.\n(sec.36-ssec.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.\n(sec.36-ssec.6) Subsections (4) and (5) do not apply with respect to any evidence or document— where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or in proceedings instituted with respect to— any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or an offence under section 37 (3) concerning the disclosure of the evidence or document.\n(sec.36-ssec.7) This section does not apply in relation to a dispute that is the subject of a referring order.\n(sec.36-ssec.8) To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.\n- (a) a mediation session; or\n- (b) a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged;\n- (a) at a mediation session; or\n- (b) as provided by subsection (2) (b) ; or\n- (c) as provided by section 37 (2) .\n- (a) where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or\n- (b) in proceedings instituted with respect to— (i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or (ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.\n- (i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or\n- (ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.\n- (i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or\n- (ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Secrecy","content":"### sec.37 Secrecy\n\nA mediator is not competent to commence to discharge 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 1 or making an affirmation in or to the effect of the form set out in schedule 2 .\nA relevant person may disclose information obtained in connection with the administration or execution of this Act only as follows—\nwith the consent of the person from whom the information was obtained;\nin connection with the administration or execution of this Act;\nwhere 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;\nwhere 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;\nwhere 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, a director;\nin 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.\nA relevant person who discloses information obtained in connection with the administration of this Act otherwise than as authorised under subsection (2) commits an offence against this Act.\nMaximum penalty—15 penalty units.\nDespite subsections (2) and (3) a director may, if the director considers it is appropriate in the circumstances, disclose to an agency or court—\nthe fact that a dispute resolution process has taken place; and\nwhether an agreement was reached as a result of that process.\nBefore a director may make the disclosure mentioned in subsection (4) , the director must—\ntell the parties of his or her intention to make the disclosure; and\nallow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and\nhave regard to the representations.\nSubsection (4) does not permit the disclosure of the content of the agreement reached by the parties without the consent of the parties.\nThis section, other than subsection (1) , does not apply in relation to a dispute that is the subject of a referring order.\nTo remove any doubt, it is declared that the Act that applies to the disclosure of information about a dispute that is the subject of a referring order is the Act under which the referring order is made.\nIn this section—\nrelevant person means a person who is or has been any of the following—\na mediator;\na director;\na member of the staff of a dispute resolution centre;\na person making an evaluation under section 34 , as in force at any time before its repeal;\na person carrying out research for, or with the approval of, a director.\ns 37 amd 1997 No. 38 s 37 ; 2007 No. 37 s 47 ; 2013 No. 35 s 55\n(sec.37-ssec.1) A mediator is not competent to commence to discharge 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 1 or making an affirmation in or to the effect of the form set out in schedule 2 .\n(sec.37-ssec.2) A relevant person may disclose information obtained in connection with the administration or execution of this Act only as follows— with the consent of the person from whom the information was obtained; in connection with the administration or execution of this Act; 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; 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; 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, a director; 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.\n(sec.37-ssec.3) A relevant person who discloses information obtained in connection with the administration of this Act otherwise than as authorised under subsection (2) commits an offence against this Act. Maximum penalty—15 penalty units.\n(sec.37-ssec.4) Despite subsections (2) and (3) a director may, if the director considers it is appropriate in the circumstances, disclose to an agency or court— the fact that a dispute resolution process has taken place; and whether an agreement was reached as a result of that process.\n(sec.37-ssec.5) Before a director may make the disclosure mentioned in subsection (4) , the director must— tell the parties of his or her intention to make the disclosure; and allow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and have regard to the representations.\n(sec.37-ssec.6) Subsection (4) does not permit the disclosure of the content of the agreement reached by the parties without the consent of the parties.\n(sec.37-ssec.7) This section, other than subsection (1) , does not apply in relation to a dispute that is the subject of a referring order.\n(sec.37-ssec.8) To remove any doubt, it is declared that the Act that applies to the disclosure of information about a dispute that is the subject of a referring order is the Act under which the referring order is made.\n(sec.37-ssec.9) In this section— relevant person means a person who is or has been any of the following— a mediator; a director; a member of the staff of a dispute resolution centre; a person making an evaluation under section 34 , as in force at any time before its repeal; a person carrying out research for, or with the approval of, a director.\n- (a) with the consent of the person from whom the information was obtained;\n- (b) in connection with the administration or execution of this Act;\n- (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;\n- (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;\n- (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, a director;\n- (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.\n- (a) the fact that a dispute resolution process has taken place; and\n- (b) whether an agreement was reached as a result of that process.\n- (a) tell the parties of his or her intention to make the disclosure; and\n- (b) allow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and\n- (c) have regard to the representations.\n- (a) a mediator;\n- (b) a director;\n- (c) a member of the staff of a dispute resolution centre;\n- (d) a person making an evaluation under section 34 , as in force at any time before its repeal;\n- (e) a person carrying out research for, or with the approval of, a director.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Power to accept appointment","content":"### sec.38 Power to accept appointment\n\nWhere, by or under any Act, provision is made requiring the whole of the time of the holder of a specified office to be devoted to the duties of that office or prohibiting the holder of a specified office from engaging in employment outside the duties of that office, the provision does not operate to disqualify a holder of that office from—\nholding that office and also the office of a mediator; or\nkeeping remuneration payable to the holder as a mediator.\nThe office of a mediator is not, for the purposes of any Act an office or place of profit under the Crown.\ns 38 amd 2013 No. 35 s 56\n(sec.38-ssec.1) Where, by or under any Act, provision is made requiring the whole of the time of the holder of a specified office to be devoted to the duties of that office or prohibiting the holder of a specified office from engaging in employment outside the duties of that office, the provision does not operate to disqualify a holder of that office from— holding that office and also the office of a mediator; or keeping remuneration payable to the holder as a mediator.\n(sec.38-ssec.2) The office of a mediator is not, for the purposes of any Act an office or place of profit under the Crown.\n- (a) holding that office and also the office of a mediator; or\n- (b) keeping remuneration payable to the holder as a mediator.","sortOrder":47},{"sectionNumber":"sec.39","sectionType":"section","heading":"Annual report on operation of Act","content":"### sec.39 Annual report on operation of Act\n\nThe department’s annual report for a financial year must include a report about the operation of this Act during the year.\ns 39 sub 1996 No. 79 s 29","sortOrder":48},{"sectionNumber":"sec.40","sectionType":"section","heading":"Proceedings","content":"### sec.40 Proceedings\n\nA person who commits an offence against this Act may be prosecuted in a summary way under the Justices Act 1886 on the complaint of an officer of the department authorised generally or in a particular case by the Minister.\nThe identity of the complainant and the complainant’s authority to lay the complaint, as stated in the complaint, is to be presumed in the absence of evidence to the contrary.\ns 40 amd 2007 No. 37 s 48\n(sec.40-ssec.1) A person who commits an offence against this Act may be prosecuted in a summary way under the Justices Act 1886 on the complaint of an officer of the department authorised generally or in a particular case by the Minister.\n(sec.40-ssec.2) The identity of the complainant and the complainant’s authority to lay the complaint, as stated in the complaint, is to be presumed in the absence of evidence to the contrary.","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Regulation-making power","content":"### sec.41 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may prescribe the fees payable for commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public.\ns 41 sub 2008 No. 59 s 35\n(sec.41-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.41-ssec.2) Without limiting subsection (1) , a regulation may prescribe the fees payable for commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public.","sortOrder":50},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":51},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Justice and Other Legislation Amendment Act 2008","content":"## Justice and Other Legislation Amendment Act 2008","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 9","content":"### sec.42 Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 9\n\nThis section applies if, immediately before the commencement, a person was accredited under section 19 as a mediator for a dispute resolution centre.\nThe person continues to be a mediator until the end of 12 months after the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 42 prev s 42 ins 1997 No. 38 s 38\nexp 1 November 1997 (see s 42(2))\npres s 42 ins 2008 No. 59 s 35\n(sec.42-ssec.1) This section applies if, immediately before the commencement, a person was accredited under section 19 as a mediator for a dispute resolution centre.\n(sec.42-ssec.2) The person continues to be a mediator until the end of 12 months after the commencement.\n(sec.42-ssec.3) In this section— commencement means the commencement of this section.","sortOrder":53},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Justice and Other Legislation Amendment Act 2013","content":"## Justice and Other Legislation Amendment Act 2013","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Continuation of obligations about disclosure of information","content":"### sec.43 Continuation of obligations about disclosure of information\n\nSection 37, as in force immediately before the commencement of this section, continues to apply to each member of the former council, despite the amendment of that section by the Justice and Other Legislation Amendment Act 2013 .\nIn this section—\nformer council means the council established under part 2, division 1 as in force before the commencement of this section.\ns 43 ins 2013 No. 35 s 59\n(sec.43-ssec.1) Section 37, as in force immediately before the commencement of this section, continues to apply to each member of the former council, despite the amendment of that section by the Justice and Other Legislation Amendment Act 2013 .\n(sec.43-ssec.2) In this section— former council means the council established under part 2, division 1 as in force before the commencement of this section.","sortOrder":55}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on establishing and operating government dispute resolution centres to provide voluntary mediation. Subsequent amendments seen in the text primarily clarify administration (staffing and appointment rules), align the Act with newer statutory frameworks (e.g. Public Sector Act, QCAT references) and refine confidentiality, disclosure and operational procedures. Those changes alter governance and procedure but do not materially expand the core subject‑matter scope beyond providing mediation services and related statutory protections."},"complexity_factors":["About 10 significant defined terms in the interpretation section (agency, director, dispute resolution centre, mediation, mediation session, mediator, QCAT principal registrar, referring order, etc.)","Multiple cross-references to external Acts (Civil Proceedings Act 2011, QCAT Act, Planning and Environment Court Act 2016, Public Sector Act 2022 and others) creating conditional application depending on referring orders","Layered exclusions and exceptions: whole Part exclusions for disputes subject to referring orders (ss 27A, 36, 37) and exceptions to confidentiality and privilege (ss 36–37)","Substantial delegated discretion: director and chief executive powers to accept/refuse disputes, set procedures, appoint mediators, impose conditions and delegate functions (ss 27AB, 27AD, 28–33)","Statutory immunities and carve-outs (good-faith civil immunity, police non‑liability subject to domestic violence exception) with related procedural implications (s 35)","Criminal/penalty provisions with fixed monetary cap (misuse of 'DRC'—15 penalty units) that interact with regulatory and ministerial consent (s 27)","Administrative requirements and process conditions (oath/affirmation for mediators, 5‑day notice and right to make representations before certain disclosures, annual reporting) (ss 37, 39)","Regulation‑making power that can set fees for certain commercial services but expressly excludes fees for commercial services provided to members of the public (s 41)","Transitional provisions and historical amendments visible in text (changes in staffing, accreditation and council arrangements), increasing interpretive history (Part 6)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes and runs dispute resolution centres (DRCs) within a government department to provide mediation services (sections 22–26). The Governor in Council decides the premises and the director can approve other places for sessions (s 23–24).\n- Creates a director for each centre and allows the chief executive to appoint additional mediators (s 27AA–27AB). Centre staff (other than those mediators) are public servants under the Public Sector Act (s 27AC).\n- Gives the director broad operational powers: decide procedures for mediation, assign mediators, set which kinds of disputes the centre will or will not accept, consent to or refuse cases, terminate sessions, and authorise staff to exercise director functions (ss 28–29, 30, 32, 27AD).\n- Makes mediation voluntary: parties attend and may withdraw at any time; agreements reached at mediation are not court‑enforceable unless the parties put the agreement in writing and say it is enforceable (s 31).\n- Establishes confidentiality and privilege protections: what is said or produced in mediation is generally not admissible in court and has a defamation-type privilege (ss 36–37). There are specified exceptions (e.g. consent, preventing injury or property damage, where law requires disclosure, or certain offences) and a director may disclose that a process occurred and whether an agreement was reached, but only after notifying parties and allowing at least 5 days for representations (s 37).\n- Protects mediators, directors and staff from civil liability for acts or omissions done in good faith under the Act, and protects police or others from proceedings for reasonable failures to charge where the dispute was referred to mediation (with an express carve‑out for domestic violence offences) (s 35).\n- Prohibits use of the words \"dispute resolution centre\" or \"DRC\" (or substantially similar words/letters) by any body unless it is a centre established under the Act or has the Minister's consent; misuse attracts a penalty (s 27).\n- Allows regulations, including prescribing fees for commercial services provided by a DRC (s 41). The department must include an annual report about the Act's operation in its annual report (s 39).\n- Where courts or tribunals refer disputes to mediation (a \"referring order\"), the Act that created the referring power – not this Act – governs mediation of those referred disputes; this Act excludes such referred disputes from many of its provisions (ss 27A, 36, 37).\n\nWho it affects\n\n- Parties to disputes who may choose to use (or be referred to) a dispute resolution centre for mediation.\n- Directors, mediators and staff of DRCs — who are given powers, duties and protections, and who must follow confidentiality and oath/affirmation requirements (s 37(1)).\n- The department that hosts the centres (administration, staffing, funding and reporting obligations).\n- Other agencies, courts and tribunals that can refer disputes into mediation under their own Acts (cross‑reference and exclusion rules).\n- Any organisation or person who might wish to call themselves a \"dispute resolution centre\" (use of the name is restricted by s 27).\n\nWhy it matters (purpose claims and practical effects)\n\n- Purpose claimed in the Act: to provide mediation services and a statutory structure for community or government‑run dispute resolution centres (s 22). Mechanically, it creates a government-run mediation option with confidentiality, voluntary participation, and statutory immunities for staff and mediators.\n\nTesting that purpose against costs, incentives and trade-offs\n\n- Who pays: centres operate as parts of a government department (s 26). Mediators (appointed by the chief executive) are paid from public funds unless the regulation prescribes fees for particular commercial services (ss 27AB, 41). That creates a fiscal cost to government for running the service, partially offset where regulations permit fees for non‑public commercial work.\n- Who decides: the director and the chief executive hold most operational discretion — whether to accept disputes, how sessions run, who may represent parties, and appointment conditions for mediators (ss 27AB, 28–33, 27AD). The Minister controls name‑use consent and the Governor in Council can make regulations and designate premises. Those arrangements concentrate decision‑making inside the department and relevant ministers/officials.\n- Behavioural effects and private choice: mediation is voluntary and not binding unless parties agree in writing to make it so (s 31). That preserves litigants' ability to go to court but provides an alternative that may lower legal costs and court load if parties opt in. The director’s discretion to refuse cases or exclude classes of disputes (s 30, s 32(1)) can limit access in practice and channel certain disputes back into courts.\n- Competition and private sector effects: the Act reserves the name \"dispute resolution centre\" (s 27), which reduces brand competition for that label and prevents private organisations from using it without Ministerial consent. Regulations allowing fees for commercial services (s 41) create scope for centres to compete for some paid work, subject to the regulation's limits (not for commercial services provided to the public). The Act does not regulate private non‑government mediation providers beyond the name restriction.\n- Enforcement and evidentiary effects: strong confidentiality and inadmissibility rules (s 36) make DRC mediation a safer place to negotiate candidly. But those protections have exceptions (consent, serious risks or legal requirements), and the director can disclose procedural facts after warning parties (s 37(4)–(6)). Parties therefore trade enforceability and certain evidentiary uses for confidentiality.\n- Compliance and administrative burden: centres must maintain procedures, run oath/affirmation processes for mediators, handle disclosure decisions (including a minimum 5‑day notice requirement before some disclosures), and report on the Act's operation in the department's annual report (s 37(1,4–5), s 39). Using the name \"DRC\" without permission is an offence with a monetary penalty (s 27(3)).\n- Implementation risks and discretion: the Act vests substantial operational discretion in the director and chief executive (acceptance/refusal of disputes, appointment and conditions for mediators, delegation powers). That promotes managerial flexibility but creates risks of inconsistent access or variable practices across centres, unless the department standardises procedures.\n- Opportunity costs and trade‑offs: because mediation outcomes are not enforceable without a written agreement made so by the parties (s 31(3)), parties who settle informally may forfeit the certainty enforcement provides unless they convert the settlement into an enforceable instrument. The Act also exempts referred disputes from many of its sections, which creates different procedural rules for court‑referred matters and may complicate cross‑institutional coordination (ss 27A, 36–37).\n\nBottom line (what changes behaviour and who pays/decides)\n\n- The Act creates publicly run mediation centres that offer voluntary, confidential mediation; it centralises operational control with the director and chief executive while preserving parties’ right to litigate. The department funds and administers the centres, subject to regulatory powers to charge fees for certain commercial work. The most material behavioural changes are (a) providing a confidential forum that discourages immediate litigation, and (b) concentrating gatekeeping and procedural controls in centre management (ss 28–33, 36–37)."},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1990 Act focused on a standalone, community-based voluntary mediation system governed by an independent council. Over time, the scope narrowed significantly: the governing council and community advisory structure were abolished (2013 amendments), the centres were absorbed fully into the government department, and mediator accreditation was replaced with a chief-executive appointment model. Simultaneously, scope expanded in one direction — courts and tribunals were given power to refer disputes to DRCs under referring orders (added in 1997), integrating DRCs into the formal justice system in a way not originally contemplated."},"complexity_factors":["Multiple amendments over 30+ years have restructured and renumbered provisions, creating a fragmented legislative history that is difficult to follow","Dual-track mediation system: voluntary mediation under this Act vs court-ordered mediation under referring court legislation, with different rules for each","Interaction with numerous other Acts (Civil Proceedings Act 2011, QCAT Act, Planning and Environment Court Act 2016, Domestic and Family Violence Protection Act 2012, Body Corporate and Community Management Act 1997, Corporations Act, Public Sector Act 2022)","Nuanced confidentiality and privilege framework with multiple exceptions that are cross-referenced between sections 36 and 37","Representation rules for corporations distinguish between several categories (Corporations Act companies, body corporates under different property laws, other corporations)","Transitional provisions for two separate amending Acts remain in the live legislation","Several sections exist only as tombstone references (e.g., ss 3–17 are listed but shown as omitted or repealed), making the structure confusing to navigate"],"plain_english_summary":"This Act establishes government-run Dispute Resolution Centres (DRCs) in Queensland to offer mediation as a cheaper, faster alternative to court for individuals, businesses and organisations. It lets courts refer disputes to DRCs, makes mediation largely voluntary (agreements only binding if parties so choose), and tightly protects confidentiality and mediator immunity.\n\nIt also restricts use of the name “Dispute Resolution Centre/DRC,” limits legal representation without approval, and requires annual public reporting on how DRCs operate."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.2 (definition of 'dispute resolution centre')","severity":"medium","reasoning":"The definition of 'dispute resolution centre' tells us nothing about what such a centre is. It defines the term by using the term itself, qualified only by the phrase 'established under this Act.' A reader gains zero information from this definition about the nature, composition or purpose of such a centre.","confidence":0.95,"description":"Circular definition: 'dispute resolution centre means a dispute resolution centre established under this Act.' The definition provides no substantive content and merely references itself."},{"type":"other","section":"sec.27(1)(a) and sec.27(1)(b)","severity":"low","reasoning":"The word 'either' normally refers to one of two alternatives. Using 'unless in either case' followed by two alternatives (a) and (b) is grammatically awkward and logically imprecise. It is unclear whether meeting one of (a) or (b) is sufficient to avoid the prohibition, or whether both must be satisfied. The parallel use of 'except in either case' compounds the confusion.","confidence":0.7,"description":"The prohibition on use of the words 'dispute resolution centre' or 'DRC' is framed with logically inconsistent conjunctions: 'unless in either case' and 'except in either case'. The use of 'either case' implies two cases, but the subsection presents two separate permissions (actual establishment OR ministerial consent), not two cases. The phrasing creates genuine ambiguity about whether both conditions must be met or only one."},{"type":"other","section":"sec.31(1) and sec.27A(1)","severity":"medium","reasoning":"The voluntariness principle in s.31 is carved out for court-referred disputes. While the referring court's own legislation governs, the Act itself creates a gap: it expressly provides voluntariness protections for voluntary mediations but strips them away for court-ordered ones, without ensuring the referring legislation provides equivalent protections. This is at minimum a structural tension.","confidence":0.72,"description":"Section 31(1) declares that attendance at and participation in mediation sessions are voluntary. However, section 27A(1) states that Part 4 (which contains section 31) does not apply to disputes the subject of a referring order - those disputes being court-mandated referrals. This means that for court-ordered mediations, there is no statutory provision preserving voluntariness, creating an implicit situation where court-referred parties may have no express statutory right to voluntarily withdraw."},{"type":"self_contradicting","section":"sec.35(2) and sec.35(4)","severity":"medium","reasoning":"If a police officer is immune from liability for not prosecuting due to a mediation referral (s.35(2)), but s.35(4) simultaneously declares nothing prevents prosecution at any time, the immunity appears to be simultaneously granted and rendered irrelevant. The two subsections create a logically unstable position regarding the consequences of mediation on criminal proceedings.","confidence":0.75,"description":"Section 35(2) provides immunity to police officers for failure to charge or prosecute where the failure is reasonable because of reference of the dispute to mediation. Section 35(4) then declares that nothing in the Act prevents a charge from being laid or proceedings from being instituted at any time. These two provisions sit in direct tension: one grants immunity for prosecutorial failures caused by mediation referral, while the other preserves the right to prosecute at any time, rendering the immunity of uncertain practical scope."},{"type":"self_contradicting","section":"sec.37(1)","severity":"medium","reasoning":"The oath in schedule 1 or 2 presumably relates to keeping mediation matters confidential. Requiring the oath for court-referred mediations while excluding the secrecy provisions that define permissible disclosure creates a situation where mediators are sworn to obligations whose statutory content does not apply to them in those cases. The oath becomes potentially hollow or at least legally indeterminate in that context.","confidence":0.8,"description":"Section 37(1) requires a mediator to take an oath or affirmation before commencing functions, yet section 37(7) provides that the rest of section 37 (other than subsection (1)) does not apply to disputes the subject of a referring order. This means the oath requirement in s.37(1) applies to mediators conducting court-referred disputes, but the secrecy obligations in s.37(2)-(6) do not. A mediator for a court-referred dispute is thus bound by an oath of secrecy but not by the statutory secrecy regime that gives that oath its operative content."},{"type":"other","section":"sec.41(2)","severity":"medium","reasoning":"It is counterintuitive that a publicly-operated dispute resolution centre's fees to members of the public are excluded from the regulation-making power, while fees to commercial entities (agencies, businesses) can be regulated. One would ordinarily expect the reverse: public access fees to be regulated to ensure affordability, with commercial fees left to negotiation. The drafting either reflects a specific policy intention that is not explained, or is a logical inversion.","confidence":0.78,"description":"Section 41(2) permits regulations to prescribe fees for 'commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public.' This creates a paradox: commercial services provided to a member of the public are expressly excluded from fee regulation, meaning fees for services to the public cannot be regulated, only fees for services to non-public commercial clients. This inverts the typical consumer protection rationale for fee regulation."},{"type":"other","section":"sec.28(3) and sec.28(4)","severity":"low","reasoning":"Courts issuing referring orders may intend to appoint a specific director. Allowing blanket substitution and then deeming the substitute to be the court's appointee is a legal fiction that undermines judicial supervision of its own orders. While functionally practical, it is logically problematic that an administrative act by the director can redefine who 'the mediator appointed' by the court is.","confidence":0.65,"description":"Section 28(3) allows a director appointed as mediator under a referring order to assign another mediator to conduct the mediation. Section 28(4) then deems that assigned mediator to be 'the mediator appointed for the dispute under the referring order.' This creates a legal fiction where a person not named in the court order is deemed to be the person the court appointed, potentially circumventing the court's authority to choose who mediates its referred disputes."},{"type":"other","section":"sec.36(4) and sec.36(6)(a)","severity":"low","reasoning":"To invite parties to consent to the admission of mediation evidence, one must necessarily refer to what was said - creating a preliminary disclosure problem. The Act provides no safe harbour for the act of seeking consent, meaning the consent mechanism itself potentially triggers the secrecy obligations in s.37.","confidence":0.6,"description":"Section 36(4) makes evidence of anything said in a mediation session inadmissible. Section 36(6)(a) provides an exception where all persons in attendance consent. However, to obtain that consent, someone must communicate about what was said in the mediation session - which itself may constitute disclosure of privileged information. There is no mechanism to seek consent without potentially breaching the very privilege being waived."},{"type":"circular_definition","section":"sec.42(3)","severity":"low","reasoning":"Defining a term by reference to itself ('commencement means the commencement of this section') is logically circular. While courts and practitioners would understand the intended meaning from context, as a matter of formal drafting logic the definition is vacuous.","confidence":0.85,"description":"Section 42(3) defines 'commencement' as 'the commencement of this section' - another circular definition. The definition conveys no additional information and is tautological."}],"contradictions":[{"severity":"low","section_a":"sec.31(1) (mediation is voluntary)","section_b":"sec.32(2) (mediator or director may terminate at any time)","confidence":0.55,"description":"Section 31(1) states attendance and participation are voluntary, and s.31(2) allows a party to withdraw at any time. However, s.32(2) also allows the mediator or director to terminate the session at any time. These are not necessarily contradictory in outcome, but they create a logical tension: if mediation is voluntary and parties can leave, the additional power to terminate by the mediator is redundant unless it is intended to have different consequences (e.g., termination affecting costs or records), which are not specified."},{"severity":"low","section_a":"sec.29(1) (procedure determined by director)","section_b":"sec.29(2) (sessions to be conducted with as little formality as possible)","confidence":0.6,"description":"Section 29(1) vests complete procedural discretion in the director. Section 29(2) mandates that sessions be conducted with 'as little formality and technicality' as possible. These provisions are in tension: if the director has full procedural discretion under s.29(1), the directive in s.29(2) to minimise formality constrains that discretion without any enforcement mechanism or definition of what level of formality is permissible."},{"severity":"medium","section_a":"sec.37(2)(f) (disclosure required by law other than subpoena)","section_b":"sec.36(4) (evidence from mediation session inadmissible)","confidence":0.75,"description":"Section 37(2)(f) permits a relevant person to disclose mediation information where required by law (other than subpoena). However, s.36(4) makes such evidence inadmissible in any proceedings. This creates a contradiction: information can be lawfully disclosed under s.37(2)(f) but then cannot be used as evidence under s.36(4), raising the question of what purpose such mandatory disclosure serves if the information is simultaneously inadmissible. The express exclusion of subpoenas in s.37(2)(f) while s.36(4) provides blanket inadmissibility regardless of how the evidence was obtained adds to the confusion."},{"severity":"low","section_a":"sec.27AB(6) (mediators not appointed under Public Sector Act 2022)","section_b":"sec.26 (centres operate within the department subject to the Public Sector Act 2022)","confidence":0.65,"description":"Section 26 states that dispute resolution centres operate as parts of the department and nothing derogates from the operation of the Public Sector Act 2022 as it applies to the department. Section 27AB(6) expressly provides that mediators are appointed under this Act and not the Public Sector Act 2022. These provisions are in tension: s.26 preserves the full application of the Public Service Act to the department and its parts, but s.27AB(6) carves mediators out of that regime. It is unclear whether the general preservation in s.26 or the specific exclusion in s.27AB(6) prevails in edge cases."},{"severity":"medium","section_a":"sec.37(4) (director may disclose fact of dispute resolution and outcome to agency or court)","section_b":"sec.37(2) (exhaustive list of permitted disclosures)","confidence":0.7,"description":"Section 37(2) sets out an apparently exhaustive list of circumstances in which a relevant person may disclose mediation information. Section 37(4) then uses 'despite subsections (2) and (3)' to create an additional disclosure power for directors specifically. While the 'despite' language signals an exception, it also means the director's power under s.37(4) operates outside the consent and necessity framework of s.37(2), allowing disclosure of whether a resolution was reached even when parties have not consented and there is no safety necessity - which arguably undermines the confidentiality regime the Act is designed to protect."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1990 Act established community-based dispute resolution centres with a council structure and community governance. The legislation has been significantly streamlined through amendments (particularly 1997, 2008, and 2013), removing the council, membership structures, and community governance elements. It has shifted from a semi-autonomous community mediation model to a streamlined government service integrated within the public sector. The 2013 amendments removed Part 2 entirely (which dealt with the council and membership), fundamentally changing the governance model from community-based to departmental."},"complexity_factors":["Multiple amendment histories visible in the text (sections repealed in 1997, 2013, etc.) creating visual clutter","Cross-references to at least 6 other Acts (Civil Proceedings Act 2011, QCAT Act, Planning and Environment Court Act 2016, Public Sector Act 2022, Domestic and Family Violence Protection Act 2012, Corporations Act)","Dual regimes for mediation: standard voluntary mediation vs court-ordered mediation (\"referring orders\") with different rules applying to each","Nested exceptions in confidentiality provisions (section 36) — general privilege, then exceptions to the privilege, then exceptions to the exceptions","Complex representation rules for corporations (section 33) with multiple sub-categories (officers, proprietors, body corporate members, appointed agents)","Conditional disclosure provisions (section 37) with 6 specific grounds for disclosure plus additional procedural requirements for director disclosures","Transitional provisions dealing with repealed structures (former council, former accreditation system)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up government-run **Dispute Resolution Centres (DRCs)** in Queensland. These centres provide **mediation services** — a way for people to resolve conflicts without going to court.\n\n**Who it affects:**\n\n- **Ordinary people** with disputes (neighbourhood arguments, family disagreements, workplace conflicts, etc.)\n- **Courts and tribunals** — they can refer cases to DRCs for mediation\n- **Government agencies** — DRCs operate as part of the public service\n- **Mediators and staff** — people who work at the centres\n\n**Key features:**\n\n- **Voluntary process** — nobody can be forced to attend mediation, and anyone can walk away at any time\n- **Confidential** — what happens in mediation generally stays private and can't be used in court later\n- **Informal** — no strict rules of evidence, no judges, conducted in private\n- **Not legally binding** — any agreement reached isn't enforceable in court unless everyone signs a written agreement saying it is\n- **Court referrals** — courts can order parties to try mediation (called a \"referring order\"), though different rules apply to these cases\n\n**Why it matters:**\n\nThis law gives Queenslanders a **cheaper, faster, less stressful alternative to litigation** (going to court). It helps reduce court backlogs and empowers people to reach their own solutions with professional help. The strict confidentiality rules encourage open, honest discussion without fear that admissions will be used against you later.\n\n**Important protections:**\n\n- Mediators must take an oath of secrecy\n- Staff are protected from being sued for things done in good faith\n- It's an offence to pretend to be an official DRC (fines apply)"}},"importantCases":[],"_links":{"self":"/api/acts/dispute-resolution-centres-act-1990","history":"/api/acts/dispute-resolution-centres-act-1990/history","analysis":"/api/acts/dispute-resolution-centres-act-1990/analysis","conflicts":"/api/acts/dispute-resolution-centres-act-1990/conflicts","importantCases":"/api/acts/dispute-resolution-centres-act-1990/important-cases","documents":"/api/acts/dispute-resolution-centres-act-1990/documents"}}