{"id":"qld:sl-2017-0112","name":"Farm Business Debt Mediation Regulation 2017","slug":"farm-business-debt-mediation-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"112 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174911,"registerId":"qld-qld:sl-2017-0112-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Farm Business Debt Mediation Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this regulation—\nchange of mediator notice see section 8 (2) .\nmediator nomination notice see section 5 (1) .\nresponse to mediator nomination notice see section 6 (1) .","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purpose of regulation— Act , s 18","content":"### sec.4 Purpose of regulation— Act , s 18\n\nThis regulation prescribes, for section 18 of the Act , the way in which parties to a farm business debt must choose a mediator to conduct a mediation for the farm business debt.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Choosing mediator","content":"# Choosing mediator","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Farmer nominates 3 preferred mediators","content":"### sec.5 Farmer nominates 3 preferred mediators\n\nThe farmer must give the mortgagee a notice (a mediator nomination notice ) that states at least 3 mediators, in order of preference, from which the mortgagee may choose a mediator.\nA mediator nomination notice may be included in, or given with, a request for mediation notice.\nThe mediator nomination notice must be given no later than 7 business days after the mortgagee gives the notice under section 16 (3) (b) of the Act .\nA copy of the mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3) .\n(sec.5-ssec.1) The farmer must give the mortgagee a notice (a mediator nomination notice ) that states at least 3 mediators, in order of preference, from which the mortgagee may choose a mediator.\n(sec.5-ssec.2) A mediator nomination notice may be included in, or given with, a request for mediation notice.\n(sec.5-ssec.3) The mediator nomination notice must be given no later than 7 business days after the mortgagee gives the notice under section 16 (3) (b) of the Act .\n(sec.5-ssec.4) A copy of the mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3) .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Mortgagee responds to nominated mediators","content":"### sec.6 Mortgagee responds to nominated mediators\n\nThe mortgagee must give a notice (a response to mediator nomination notice ) to the farmer in response to the mediator nomination notice—\nchoosing a mediator from those nominated in the mediator nomination notice; or\nrejecting the nominated mediators.\nA response to mediator nomination notice may be included in, or given with, a notice given by the mortgagee under section 16 (3) (b) of the Act .\nThe response to mediator nomination notice must be given no later than 7 business days after receiving the mediator nomination notice.\nA copy of the response to mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3) .\n(sec.6-ssec.1) The mortgagee must give a notice (a response to mediator nomination notice ) to the farmer in response to the mediator nomination notice— choosing a mediator from those nominated in the mediator nomination notice; or rejecting the nominated mediators.\n(sec.6-ssec.2) A response to mediator nomination notice may be included in, or given with, a notice given by the mortgagee under section 16 (3) (b) of the Act .\n(sec.6-ssec.3) The response to mediator nomination notice must be given no later than 7 business days after receiving the mediator nomination notice.\n(sec.6-ssec.4) A copy of the response to mediator nomination notice must also be given to the authority no later than the time mentioned in subsection (3) .\n- (a) choosing a mediator from those nominated in the mediator nomination notice; or\n- (b) rejecting the nominated mediators.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Failure to agree on mediator","content":"### sec.7 Failure to agree on mediator\n\nThis section applies if the mortgagee—\ngives a response to mediator nomination notice rejecting the mediators nominated by the farmer; or\ndoes not give a response to mediator nomination notice to the farmer within the time mentioned in section 6 (3) .\nThe authority must choose a mediator to conduct the mediation and give both parties notice of the chosen mediator—\nif the mortgagee has rejected the nominated mediators—no later than 7 business days after receiving the response to mediator nomination notice; or\nif the mortgagee has not given a response to mediator nomination notice within the required time—no later than 7 business days after the day the response to mediator nomination notice was due to be given.\n(sec.7-ssec.1) This section applies if the mortgagee— gives a response to mediator nomination notice rejecting the mediators nominated by the farmer; or does not give a response to mediator nomination notice to the farmer within the time mentioned in section 6 (3) .\n(sec.7-ssec.2) The authority must choose a mediator to conduct the mediation and give both parties notice of the chosen mediator— if the mortgagee has rejected the nominated mediators—no later than 7 business days after receiving the response to mediator nomination notice; or if the mortgagee has not given a response to mediator nomination notice within the required time—no later than 7 business days after the day the response to mediator nomination notice was due to be given.\n- (a) gives a response to mediator nomination notice rejecting the mediators nominated by the farmer; or\n- (b) does not give a response to mediator nomination notice to the farmer within the time mentioned in section 6 (3) .\n- (a) if the mortgagee has rejected the nominated mediators—no later than 7 business days after receiving the response to mediator nomination notice; or\n- (b) if the mortgagee has not given a response to mediator nomination notice within the required time—no later than 7 business days after the day the response to mediator nomination notice was due to be given.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Mediator unavailable or change of mediator agreed","content":"### sec.8 Mediator unavailable or change of mediator agreed\n\nThis section applies if—\na mediator chosen under section 6 or 7 is not available to conduct the mediation; or\nthe parties agree to change the mediator before mediation starts.\nThe farmer must give a notice (a change of mediator notice ) to the mortgagee confirming the parties will choose a different mediator.\nThe change of mediator notice must be given—\nif the chosen mediator is not available—no later than 7 business days after the farmer first becomes aware the mediator is not available; or\nif the parties agree to change the mediator—no later than 7 business days after the parties agree to change.\nA copy of the change of mediator notice must also be given to the authority no later than the time mentioned in subsection (3) .\nNo later than 7 business days after the farmer gives the change of mediator notice, the farmer must give—\na new mediator nomination notice under section 5 (1) to the mortgagee; and\na copy of the new mediator nomination notice to the authority.\nSections 6 and 7 apply for the purpose of the parties choosing another mediator.\n(sec.8-ssec.1) This section applies if— a mediator chosen under section 6 or 7 is not available to conduct the mediation; or the parties agree to change the mediator before mediation starts.\n(sec.8-ssec.2) The farmer must give a notice (a change of mediator notice ) to the mortgagee confirming the parties will choose a different mediator.\n(sec.8-ssec.3) The change of mediator notice must be given— if the chosen mediator is not available—no later than 7 business days after the farmer first becomes aware the mediator is not available; or if the parties agree to change the mediator—no later than 7 business days after the parties agree to change.\n(sec.8-ssec.4) A copy of the change of mediator notice must also be given to the authority no later than the time mentioned in subsection (3) .\n(sec.8-ssec.5) No later than 7 business days after the farmer gives the change of mediator notice, the farmer must give— a new mediator nomination notice under section 5 (1) to the mortgagee; and a copy of the new mediator nomination notice to the authority.\n(sec.8-ssec.6) Sections 6 and 7 apply for the purpose of the parties choosing another mediator.\n- (a) a mediator chosen under section 6 or 7 is not available to conduct the mediation; or\n- (b) the parties agree to change the mediator before mediation starts.\n- (a) if the chosen mediator is not available—no later than 7 business days after the farmer first becomes aware the mediator is not available; or\n- (b) if the parties agree to change the mediator—no later than 7 business days after the parties agree to change.\n- (a) a new mediator nomination notice under section 5 (1) to the mortgagee; and\n- (b) a copy of the new mediator nomination notice to the authority.","sortOrder":9}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation sticks closely to the Act’s stated purpose in sec.18: it prescribes the procedural method for choosing a mediator. It does not expand the subject matter beyond mediator selection (it does not regulate fees, qualification criteria for mediators, or mediation substance). Therefore it has not grown significantly beyond its original, narrow purpose of setting the choice mechanism and timing."},"complexity_factors":["Regulation is short: 8 sections (including preliminary provisions)","3 defined notice-terms in section 3 (mediator nomination notice, response to mediator nomination notice, change of mediator notice)","Multiple fixed 7-business-day timelines (secs.5(3), 6(3), 7(2), 8(3)–(5))","Cross-references to the Act (s.16(3)(b) and s.18) introduce external dependency","Simple branching logic: farmer nominates → mortgagee selects or rejects → authority appoints if no agreement (secs.5–7)","A single nested condition in sec.8 (mediator unavailable OR parties agree to change) that then re‑triggers secs.5–7"],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- The regulation sets out a step-by-step process for choosing the mediator who will run a farm business debt mediation (it implements section 18 of the Act) (see sec.4).\n- It requires the farmer to give the mortgagee a written list of at least three nominated mediators in order of preference (a “mediator nomination notice”) and to copy that list to the relevant authority (sec.5).\n- The farmer must provide that nomination to the mortgagee within 7 business days after the mortgagee’s notice under section 16(3)(b) of the Act (sec.5(3)).\n- The mortgagee must respond, within 7 business days of receiving the farmer’s nominations, by either selecting one of the nominated mediators or rejecting them (sec.6). The mortgagee’s response must also be copied to the authority (sec.6(3)–(4)).\n- If the mortgagee rejects the farmer’s nominees, or fails to reply in time, the authority chooses the mediator and notifies both parties within 7 business days (sec.7).\n- If a chosen mediator becomes unavailable or the parties agree to change the mediator before mediation starts, the farmer must give a change-of-mediator notice and, within 7 business days after that, supply a fresh nomination of at least three mediators (sec.8). Sections 6 and 7 then govern the new selection process.\n\n**Who this affects**\n\n- Farmers who are party to a farm business debt mediation (they must nominate mediators and meet the timing and notice obligations) (sec.5, sec.8).\n- Mortgagees (lenders) who must respond to the farmer’s list and either pick a mediator or reject the list within a tight time window (sec.6).\n- The named authority under the Act, which must be copied on notices and has the power to choose a mediator when parties do not agree (sec.5(4), sec.6(4), sec.7).\n- Mediators on lists — their chances of appointment depend on farmer nominations, mortgagee choice, or the authority’s decision (secs.5–8).\n\n**Why it matters (purpose claims and practical effect)**\n\n- The regulation claims to prescribe how parties choose a mediator under the Act (sec.4). Mechanically, it limits the way choice is exercised: the farmer must propose three candidates; the mortgagee either selects from that list or loses the choice to the authority (secs.5–7). That structures the bargaining over who conducts mediation and sets firm timing rules.\n\n**Costs, incentives and trade-offs (practical testing of the purpose claim)**\n\n- Administrative and timing burden: the farmer must assemble and serve a ranked list of at least three mediators quickly (within 7 business days of the mortgagee’s triggering notice) and copy it to the authority (sec.5). The mortgagee must respond within 7 business days (sec.6). The tight deadlines prioritise speed but increase the risk of missed or technically non‑compliant notices, which then shifts choice to the authority (sec.7).\n- Allocation of decision power: the farmer initially proposes candidates (sec.5), but the mortgagee can pick from that list (sec.6). If the mortgagee rejects or fails to reply, the authority appoints the mediator (sec.7). So decision power moves between the farmer, the mortgagee and the authority depending on behaviour and timing.\n- Strategic incentives: a farmer can influence the pool by nominating mediators they prefer; a mortgagee might reject nominations to force the authority to appoint (or might accept a favourable nominee). These are predictable strategic responses to the mechanism in secs.5–7.\n- Costs not addressed here: the regulation does not set or allocate mediator fees or other mediation costs (no fee provisions in secs.1–8). Parties remain responsible for costs under the Act or other arrangements; that is an opportunity cost to consider when nominating mediators.\n- Risk of authority discretion: when the authority must choose the mediator (sec.7), that gives the authority discretionary power to decide who runs the mediation. The regulation requires notices to the authority (secs.5(4), 6(4), 8(4)), creating an administrative record but not a detailed appointment rule for the authority’s selection.\n- Implementation risk and delay: missed deadlines, unclear service of notices, or mediator unavailability trigger re‑nomination cycles (sec.8) and authority intervention (sec.7), which can delay mediation despite the short deadlines intended to speed the process.\n- Effects on market for mediators: nothing in the text limits which mediators can be nominated, so professional mediators remain able to compete for appointments. However, repeated farmer nominations could concentrate demand on a shortlist of mediators, creating localised demand effects depending on mediator availability and fees.\n\n**Who pays, who decides, and what behaviour changes (concise)**\n\n- Who pays: the regulation does not change who pays mediator fees; it only prescribes how mediators are chosen (secs.5–8). Costs of compliance (time, notices) fall mainly on the farmer (preparing nominations and notices) and the mortgagee (responding) in the immediate steps.\n- Who decides: initial choice power is shared — farmer nominates (sec.5), mortgagee chooses from that list or rejects (sec.6), and the authority appoints if parties fail to agree or respond (sec.7).\n- Behaviour changes: farmers will need to prepare ranked lists quickly; mortgagees must either choose from the list or risk authority appointment; both parties must copy notices to the authority, increasing administrative interactions (secs.5–8).\n\n**Concrete legal mechanics to note**\n\n- Defined notice types: \"mediator nomination notice\", \"response to mediator nomination notice\", and \"change of mediator notice\" (sec.3 and used in secs.5–8).\n- Repeated 7 business day time limits for all stages (secs.5(3), 6(3), 7(2), 8(3)–(5)).\n\n(References in brackets are to the regulation’s sections.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: prescribing the method for choosing mediators in farm business debt disputes. It implements section 18 of the parent Act without expanding into substantive mediation procedures, enforcement mechanisms, or other areas. The scope is appropriately narrow for a procedural regulation."},"complexity_factors":["Only 3 defined terms in the interpretation section (change of mediator notice, mediator nomination notice, response to mediator nomination notice)","Straightforward sequential process with clear timeframes (7 business days at each step)","Minimal cross-referencing—only refers back to the parent Act (Farm Business Debt Mediation Act) for context about the mediation framework","Simple conditional logic: if-then scenarios with only two branches at each decision point (accept/reject, available/unavailable)","No nested exceptions or complex provisos","Short length (8 sections total, approximately 2-3 pages if formatted normally)","Highly procedural but mechanically simple—essentially a flowchart in legislative form"],"plain_english_summary":"This regulation sets out the rules for how farmers and their lenders (mortgagees) choose a mediator when they need to resolve a farm business debt dispute.\n\n**Who it affects:**\n- **Farmers** who owe money on farm business debts\n- **Mortgagees** (usually banks or other lenders) who hold security over farm property\n- The **authority** (a government body that oversees the process)\n\n**What it does:**\n- **Step 1:** The farmer must give the lender a list of at least 3 preferred mediators, ranked in order of preference. This must happen within 7 business days of the lender notifying the farmer about mediation.\n- **Step 2:** The lender must respond within 7 business days, either picking one of the farmer's choices or rejecting them all.\n- **Step 3:** If the lender rejects all choices or doesn't respond in time, the government authority steps in and picks the mediator within 7 business days.\n- **Step 4:** If the chosen mediator becomes unavailable or both parties agree to change mediators, the farmer must notify the lender and start the nomination process again.\n\n**Why it matters:**\nThis ensures farmers have a say in who mediates their debt disputes while keeping the process moving. It prevents lenders from stalling by ignoring mediator choices, and provides a backstop (the authority) if the parties can't agree. The tight timeframes (7 business days at each step) keep disputes from dragging on while farms are under financial pressure."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation does exactly what its enabling provision (section 18 of the Act) authorises — it prescribes the procedure for choosing a mediator, nothing more and nothing less. There is no evidence of scope creep or departure from the original legislative intent."},"complexity_factors":["Very short regulation with only 8 sections","Procedural only — no substantive legal rights or obligations beyond notice timelines","Relies on a parent Act (the Farm Business Debt Mediation Act) for broader context, which requires some cross-referencing","Repetition of subsections in the source text adds visual noise but not genuine complexity","Straightforward 7-business-day timeframes throughout with no conditional exceptions beyond basic scenarios"],"plain_english_summary":"This regulation sets a short, mandatory process for selecting a neutral mediator when a farmer and their lender enter statutory farm debt mediation. It requires the farmer to propose candidates, gives the lender a brief deadline to accept or refuse, and empowers the government authority to appoint a mediator if parties can’t agree or miss deadlines. It affects indebted farmers, secured lenders, and the overseeing authority, ensuring mediations proceed without delay and protecting farmers from unmediated repossession."}},"importantCases":[],"_links":{"self":"/api/acts/farm-business-debt-mediation-regulation-2017","history":"/api/acts/farm-business-debt-mediation-regulation-2017/history","analysis":"/api/acts/farm-business-debt-mediation-regulation-2017/analysis","conflicts":"/api/acts/farm-business-debt-mediation-regulation-2017/conflicts","importantCases":"/api/acts/farm-business-debt-mediation-regulation-2017/important-cases","documents":"/api/acts/farm-business-debt-mediation-regulation-2017/documents"}}