This law establishes Community Justice Centres in New South Wales — government-run mediation services that help people resolve disputes without going to court. It sets out how mediators are appointed, trained and protected, requires mediation to be generally voluntary and confidential, and includes rules for court-ordered mediation and mandatory child‑risk reporting.
It matters because it promotes low‑cost, non‑adversarial dispute resolution for everyday conflicts, reduces court demand, and coordinates with courts, lawyers and universities statewide.
The Community Justice Centres Act 1983 (NSW) establishes a statutory framework for the establishment, operation and regulation of Community Justice Centres as specialist government facilities dedicated to alternative dispute resolution (ADR). At its core the Act authorises the creation of physical and organisational infrastructure whose primary statutory object, set out in s 3, is to deliver dispute resolution and conflict management services, including mediation, while simultaneously training mediators, promoting ADR generally, forging partnerships with the legal profession, courts, tribunals, academia and other ADR providers, and undertaking incidental activities.
The Act is structured in five Parts. Part 1 contains preliminary provisions, including a broad definition of “mediation” (s 4(1)) that extends beyond formal sessions to any activity promoting discussion and settlement, the bringing together of parties, and follow-up. “Mediation session” is defined as a meeting between two or more disputing parties conducted in accordance with the Act. Part 2 deals with administration. It empowers the Secretary of the Department of Justice to appoint mediators on the Director’s recommendation (s 5(1)), prescribes terms of office not exceeding three years with eligibility for reappointment (s 6), and sets remuneration determined by the Secretary (s 7). Vacancy and removal grounds are listed in s 8, including bankruptcy, mental incapacity and conviction of an offence punishable by 12 months’ imprisonment or more. Staff are employed under the Government Sector Employment Act 2013 (s 11). The Director possesses extensive delegation powers (s 13) and may establish advisory committees that can include non-staff members (s 13A).
Part 3 provides for the establishment of Centres (s 14) which, for all purposes, form part of the Department of Justice (s 18). Section 19 creates a statutory monopoly over the name “Community Justice Centre” and the acronym “CJC”, making unauthorised use an offence and extending the prohibition to any title or description that could lead a person to infer the user is a mediator under the Act.
Current sections
Direct links to the current provisions in Community Justice Centres Act 1983.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on 1 December 1983.
3
Object of Act
3 Object of Act
3 Object of Act
The object of this Act is to provide for the establishment and operation of Community Justice Centres for the purpose of:
(a) providing dispute resolution and conflict management services, including the mediation of disputes, and
(b) training persons to be mediators, and
(c) promoting alternative dispute resolution, and
(d) contributing to the development of alternative dispute resolution in New South Wales by entering into connections and partnerships with the legal profession, courts, tribunals, the academic sector and other providers of alternative dispute resolution services, and
(e) undertaking other matters incidental to the provision of dispute resolution and conflict management services.
s 3: Rep 1992 No 111, Sch 1. Ins 2007 No 70, Sch 1 [1].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
Community Justice Centre means a Community Justice Centre established under this Act.
Director means the Director of Community Justice Centres.
functions includes powers, authorities and duties.
mediation includes:
(a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes,
(b) the bringing together of the parties to any dispute for that purpose, and
(c) 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 means:
(a) the Director, or
(b) a person for the time being holding office as a mediator under section 5.
Secretary means the Secretary of the Department of Justice.
(2) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(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.
(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.
(5) Notes included in this Act do not form part of this Act.
s 4: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [2] [3]; 2010 No 79, Sch 1 [1]–[4]; 2015 No 58, Sch 3.21 [1].
Part 2
Administration
Part 2 Administration
Part 2 Administration
Division 1
Mediators
Division 1 Mediators
Division 1 Mediators
pt 2, div 1: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5].
5
Appointment of mediators
5 Appointment of mediators
5 Appointment of mediators
(1) The Secretary may, on the recommendation of the Director, appoint a person as a mediator for Community Justice Centres.
s 5: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2] [3].
6
Terms of office
6 Terms of office
6 Terms of office
Subject to this Division, a mediator holds office for the term, not more than 3 years, specified in the mediator’s instrument of appointment, and is eligible for reappointment.
s 6: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5].
7
Remuneration
7 Remuneration
7 Remuneration
A mediator is entitled to be paid the remuneration and allowances decided by the Secretary from time to time.
s 7: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2].
8
Vacancy in office
8 Vacancy in office
8 Vacancy in office
(1) The office of a mediator becomes vacant if the mediator:
(a) dies, or
(b) completes a term of office and is not reappointed, or
(c) resigns the office by written instrument addressed to the Secretary, or
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(e) becomes a mentally incapacitated person, or
(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Secretary may remove a mediator from office at any time.
s 8: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2].
s 11: Am 1992 No 111, Sch 1; 1998 No 48, Sch 2.4. Subst 2010 No 79, Sch 1 [6]; 2015 No 58, Sch 3.21 [4].
12
12
12 (Repealed)
13
Delegation by Director
13 Delegation by Director
13 Delegation by Director
(1) The Director may authorise a member of the staff of a Community Justice Centre to exercise 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, may revoke wholly or in part any such authorisation.
(2) A function which is authorised to be exercised under this section may, while the authorisation remains unrevoked, be exercised from time to time in accordance with the terms of the authorisation.
(3) An authorisation under this section may be made subject to conditions or limitations.
(4) Notwithstanding any authorisation under this section, the Director may continue to exercise all or any of the functions to which the authorisation relates.
(5) Any act or thing done in the exercise of a function by a person authorised under this section to exercise the function has the same force and effect as if it had been done by the Director.
(6) Where the exercise 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 exercised by another person, the function may, subject to any restriction imposed by the Director, be exercised in accordance with the opinion, belief or state of mind of that other person.
s 13: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [9].
13A
Director may seek advice relating to Director’s functions and object of Act
13A Director may seek advice relating to Director’s functions and object of Act
13A Director may seek advice relating to Director’s functions and object of Act
(1) The Director may consult any other person or body the Director considers appropriate in relation to the carrying out of the Director’s functions under this Act and the achievement of the object of this Act.
(2) Without limiting subsection (1), the Director may establish advisory committees to give advice in relation to the exercise of the Director’s functions under this Act and the achievement of the object of this Act.
(3) Any or all of the members of an advisory committee may be persons who are not members of staff of Community Justice Centres.
(4) The procedure for the calling of meetings of an advisory committee established by the Director and for the conduct of business at those meetings is to be as determined by the committee (subject to any determination of the Director).
(5) The Minister may determine the remuneration (if any) and the term of office of members of an advisory committee established under this section.
s 13A: Ins 2007 No 70, Sch 1 [10].
Part 3
Community Justice Centres
Part 3 Community Justice Centres
Part 3 Community Justice Centres
14
Establishment of Community Justice Centres
14 Establishment of Community Justice Centres
14 Establishment of Community Justice Centres
Community Justice Centres shall be established and operated in accordance with this Act for the purpose of achieving the purposes referred to in section 3 (a)–(e).
s 14: Am 2007 No 70, Sch 1 [11].
15
15
15, 16 (Repealed)
17
17
17 (Repealed)
18
Centres to be part of Department of Justice
18 Centres to be part of Department of Justice
18 Centres to be part of Department of Justice
Community Justice Centres are taken for all purposes to form part of the Department of Justice.
s 18: Am 1992 No 111, Sch 1. Subst 2007 No 70, Sch 1 [15]. Am 2015 No 58, Sch 3.21 [5].
19
Use of certain words or letters
19 Use of certain words or letters
19 Use of certain words or letters
(1) The words “Community Justice Centre” or the letters “CJC” shall not be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor shall any centre, organisation, body or group, or any other place or establishment, or any part thereof, be held out as a Community Justice Centre (whether or not as established under this Act) by the use of the words “Community Justice Centre” or the letters “CJC” or in any other manner:
(a) unless in either case it is in fact a Community Justice Centre established under this Act, or
(b) except in either case with the consent of the Director.
(1A) A person (other than a mediator) must not take or use a name, title or description including a name, title or description that includes the words “Community Justice Centre” or the letters “CJC” that, having regard to the circumstances in which it is taken or used:
(a) indicates, or
(b) is capable of being understood to indicate, or
(c) is calculated to lead a person to infer,
that the person is a mediator under this Act.
(2) In this section, a reference to:
(a) the words “Community Justice 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
(b) the letters “CJC” includes a reference to matter that is substantially the same as those letters.
s 19: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [16]; 2010 No 79, Sch 1 [8] [9].
Part 4
Mediation
Part 4 Mediation
Part 4 Mediation
20
Provision of mediation services generally
20 Provision of mediation services generally
20 Provision of mediation services generally
(1) The Director is responsible for the provision of mediation services and for the operation and management of Community Justice Centres.
(2) Each mediation session shall be conducted by one or more mediators assigned for the purpose by the Director.
(3) No dispute shall be accepted for mediation under this Act except with the consent of the Director.
s 20: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [19].
20A
Provision of mandatory mediation services
20A Provision of mandatory mediation services
20A Provision of mandatory mediation services
(1) This section applies to a dispute that has been referred to Community Justice Centres for mediation by an order of a court or tribunal under a provision of another Act or of a statutory rule.
(2) The Director may accept, or decline to accept, a dispute to which this section applies for mediation under this Act.
(3) If the Director accepts a dispute to which this section applies for mediation:
(a) the Director may assign the mediator or mediators who are to conduct the mediation sessions in relation to the dispute, and
(b) a mediator assigned by the Director to conduct the mediation sessions in relation to the dispute is taken to be the mediator appointed by the court or tribunal that made the order referring the dispute for mediation or the mediator specified in the order, as the case may be.
(4) Unless otherwise provided by the regulations:
(a) the provisions of this Act (except section 23 (1) and (3)) apply to the mediation under this Act of a dispute to which this section applies and to the mediators conducting the mediation sessions in relation to the dispute, and
(b) the provisions of the Act or statutory rule under which an order was made referring such a dispute for mediation under this Act, and the terms of the order:
(i) apply to the mediation of the dispute under this Act and to the mediators conducting the mediation sessions in relation to the dispute in the same way as they apply to mediation under the Act or statutory rule under which the referring order was made and mediators conducting mediation under that Act or statutory rule, and
(ii) so apply except to the extent to which they are inconsistent with subsection (3) or the other provisions of this Act applied by paragraph (a).
(5) If the Director accepts a dispute to which this section applies for mediation under this Act, the Director is to provide a written report on the outcome of the mediation or attempted mediation to the court or tribunal that referred the matter for mediation.
(6) If the Director declines to accept a dispute to which this section applies for mediation under this Act, the Director is to give the court or tribunal that referred the matter for mediation notice in writing of the Director’s decision and the reason for the decision.
s 20A: Ins 2007 No 70, Sch 1 [20]. Am 2010 No 79, Sch 1 [10] [11].
21
Conduct of mediation sessions
21 Conduct of mediation sessions
21 Conduct of mediation sessions
(1) The procedure for commencing and conducting a mediation session at a Community Justice Centre is to be as determined by the Director.
(2) Mediation sessions shall be conducted with as little formality and technicality, and with as much expedition, as possible.
(3) The rules of evidence do not apply to mediation sessions.
(4) A party to a mediation session may be accompanied by or represented by another person.
(5) The Director or the mediator conducting a mediation session may exclude a person (other than a party to the mediation session) from attending, or continuing to attend the mediation session if, in the Director’s or mediator’s opinion, the presence of the person may frustrate the purpose or conduct of the mediation session.
s 21: Am 2007 No 70, Sch 1 [21]; 2010 No 79, Sch 1 [12].
22
Disputes
22 Disputes
22 Disputes
(1) The Director may determine 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.
(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.
(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).
s 22: Am 2007 No 70, Sch 1 [22].
23
Mediation to be voluntary
23 Mediation to be voluntary
23 Mediation to be voluntary
(1) Attendance at and participation in mediation sessions are voluntary.
Note—
See, however, section 20A (4) (a) which provides that this subsection (and subsection (3)) does not apply to the mediation of a dispute referred to Community Justice Centres for mediation by an order of a court or tribunal.
(2) A party to a mediation session may withdraw from the mediation session at any time.
(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.
(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.
s 23: Am 2010 No 79, Sch 1 [13] [14].
24
Refusal or termination of mediation
24 Refusal or termination of mediation
24 Refusal or termination of mediation
(1) The Director may decline to consent to the acceptance of any dispute for mediation under this Act at a Centre.
(2) A mediation session may be terminated at any time by the mediator or by the Director.
s 24: Am 1992 No 111, Sch 1.
25
25
25 (Repealed)
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
26
Evaluations
26 Evaluations
26 Evaluations
(1) The Minister may cause or arrange for an evaluation to be made, at such times and in respect of such periods as the Minister thinks fit, of Community Justice Centres and of their operation and activities.
(2) The Director is to ensure that such records relating to the activities of Community Justice Centres are made and kept as are necessary or appropriate to enable a proper evaluation of Community Justice Centres to be made under this section.
s 26: Am 2007 No 70, Sch 1 [23].
27
Exoneration from liability
27 Exoneration from liability
27 Exoneration from liability
(1) No matter or thing done or omitted to be done by:
(a), (b) (Repealed)
(c) a mediator, or
(d) the Director or a member of the staff of a Community Justice Centre,
shall, if the matter or thing was done in good faith for the purpose of executing this Act, subject any of them to any action, liability, claim or demand.
(2) A member of the police force, or any other officer or person, is not liable to be proceeded against in respect of:
(a) failure to charge a person with a crime or offence or to initiate or proceed with proceedings for a crime or offence, or any similar failure,
(b) the arrest of a person followed by such a failure, or
(c) failure to offer evidence at the hearing of a charge referred to in paragraph (a),
if the member of the police force or other officer or person satisfies the court that the failure was reasonable:
(d) by reason of the reference of the dispute to which the alleged crime or offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred, and
(e) in all the circumstances of the case.
(3) Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time.
(4) No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a member or of the Director, and anything done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if it had been done or omitted to be done by that member or the Director.
(5) In subsection (2), a reference to a crime or offence does not include a reference to a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.
s 27: Am 1992 No 111, Sch 1; 2006 No 73, Sch 3.6; 2007 No 70, Sch 1 [24]–[26]; 2007 No 80, Sch 2.6.
28
Privilege
28 Privilege
28 Privilege
(1) In this section, mediation session includes any steps taken in the course of making arrangements for a mediation session or in the course of the follow-up of a mediation session.
(2) Subject to subsection (3), the like privilege with respect to defamation exists with respect to:
(a) a mediation session, or
(b) a document or other material sent to, or produced at, a Community Justice Centre for the purpose of enabling a mediation session to be arranged,
as exists with respect to judicial proceedings and a document produced in judicial proceedings.
(3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than:
(a) at a mediation session,
(b) as provided by subsection (2) (b), or
(c) as provided by section 29 (2).
(4) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.
(5) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body.
(6) Subsections (4) and (5) do not apply with respect to any evidence or document:
(a) where the persons in attendance at the mediation session consent to admission of the evidence or document, or
(b) in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made pursuant to section 29 (2) (c) or 29A, or
(c) given as evidence:
(i) as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and
(ii) as to the substance of that agreement.
(7) A mediator, the Director, a member of the staff of a Community Justice Centre, a person making an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for concealing a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of this Act.
s 28: Am 1992 No 111, Sch 1; 1999 No 94, Sch 4.86; 2007 No 70, Sch 1 [27] [28]; 2010 No 79, Sch 1 [16] [17].
29
Secrecy
29 Secrecy
29 Secrecy
(1) A mediator shall not commence to exercise the functions of a mediator without first taking an oath before a justice of the peace in or to the effect of the form set out in Schedule 2 or making an affirmation in or to the effect of the form set out in Schedule 3.
(2) A person who is or has been a mediator, a Director, a member of the staff of a Community Justice Centre or a person making an evaluation under section 26 or carrying out research referred to in paragraph (e) may disclose information obtained in connection with the administration or execution of this Act only as follows:
(a) with the consent of the person from whom the information was obtained,
(b) in connection with the administration or execution of this Act,
(b1) if the disclosure is for the purposes of giving evidence:
(i) as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and
(ii) as to the substance of that agreement,
(c) where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,
(c1) where the disclosure is made for the purposes of section 29A,
(d) where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner,
(e) where the disclosure does not reveal the identity of a person without the consent of the person and is reasonably required for the purposes of research carried out by, or with the approval of, the Director or an evaluation pursuant to section 26, or
(f) in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
s 29: Am 2007 No 70, Sch 1 [29]–[31]; 2010 No 79, Sch 1 [18].
29A
Mandatory reporting
29A Mandatory reporting
29A Mandatory reporting
If a mediator has reasonable grounds to suspect that a child is at risk of significant harm (within the meaning of section 23 of the Children and Young Persons (Care and Protection) Act 1998) and those grounds arise during the course of or from the mediator’s work as a mediator, it is the duty of the mediator to make a report, as soon as practicable, under section 24 of that Act.
s 29A: Ins 2007 No 70, Sch 1 [32]. Am 2010 No 79, Sch 1 [19].
30
30
30 (Repealed)
31
Regulations
31 Regulations
31 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the following:
(a) fees and charges for services provided by Community Justice Centres and mediators,
(b) without limiting paragraph (a), fees and charges for services relating to mediation referred to in section 20A (whether or not requested or agreed to),
(c) the waiver or refund of the whole or part of any such fee or charge.
sch 1: Am 1990 No 108, Sch 1; 1990 No 118, Sch 3; 1992 No 111, Sch 1. Rep 2007 No 70, Sch 1 [35].
Schedule 2
Mediator’s oath of secrecy
Schedule 2 Mediator’s oath of secrecy
Schedule 2 Mediator’s oath of secrecy
(Section 29)
I, of being a mediator within the meaning of the Community Justice Centres Act 1983 do swear that I will not, either directly or indirectly, except as permitted under section 29 of that Act, and either while I am, or after I cease to be, a mediator, divulge or communicate to any person, court or tribunal any information, document or other matter disclosed during or incidentally to a mediation session.
| Sworn and subscribed at this day of 19 before me— | } | ...............Signature |
...................................
Justice of the Peace
sch 2: Am 2010 No 79, Sch 1 [21].
Schedule 3
Mediator’s affirmation of secrecy
Schedule 3 Mediator’s affirmation of secrecy
Schedule 3 Mediator’s affirmation of secrecy
(Section 29)
I, of being a mediator within the meaning of the Community Justice Centres Act 1983 do solemnly, sincerely and truly declare and affirm that I will not, either directly or indirectly, except as permitted under section 29 of that Act, and either while I am or after I cease to be, a mediator, divulge or communicate to any person, court or tribunal any information, document or other matter disclosed during or incidentally to a mediation session.
| Subscribed at this day of 19 before me— | } | ...............Signature |
........................................
Justice of the Peace
sch 3: Am 2010 No 79, Sch 1 [22].
Schedule 4
Savings and transitional provisions
Schedule 4 Savings and transitional provisions
Schedule 4 Savings and transitional provisions
(Section 33)
sch 4: Am 1987 No 48, Sch 32; 1992 No 111, Sch 1; 2007 No 70, Sch 1 [36]–[39]; 2010 No 79, Sch 1 [23] [24].
1A
Regulations
1A Regulations
1A Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
16
Annual report
16 Annual report
16 Annual report
For the purposes of the report to be submitted by the Council in respect of the year ending on 30 June 1984, a reference in section 31 to Community Justice Centres includes a reference to Community Justice Centres established under the repealed Act.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Community Justice Centres Act 1983.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on 1 December 1983.
3 Object of Act
3 Object of Act
3 Object of Act
The object of this Act is to provide for the establishment and operation of Community Justice Centres for the purpose of:
(a) providing dispute resolution and conflict management services, including the mediation of disputes, and
(b) training persons to be mediators, and
(c) promoting alternative dispute resolution, and
(d) contributing to the development of alternative dispute resolution in New South Wales by entering into connections and partnerships with the legal profession, courts, tribunals, the academic sector and other providers of alternative dispute resolution services, and
(e) undertaking other matters incidental to the provision of dispute resolution and conflict management services.
s 3: Rep 1992 No 111, Sch 1. Ins 2007 No 70, Sch 1 [1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
Community Justice Centre means a Community Justice Centre established under this Act.
Director means the Director of Community Justice Centres.
functions includes powers, authorities and duties.
mediation includes:
(a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes,
Part 4 is the operational heart of the statute. The Director is responsible for provision of mediation services and management of Centres (s 20(1)). No dispute may be accepted without the Director’s consent (s 20(3)), although the Director may accept or decline court- or tribunal-ordered mandatory mediations (s 20A(2)). When accepted, the Director assigns the mediator(s) and the assigned mediator is taken to be the person appointed by the referring court or tribunal (s 20A(3)). Mediation sessions are to be conducted with minimal formality, without the rules of evidence, and may permit parties to be accompanied or represented (s 21). The Director may exclude non-parties if their presence might frustrate the process. Section 22 clarifies that mediation may occur whether or not the dispute is justiciable or already the subject of proceedings, and that parties are “in dispute” if they are not in agreement, even while negotiations continue.
Voluntariness is a cardinal principle: attendance and participation are voluntary (s 23(1)), a party may withdraw at any time (s 23(2)), and any agreement reached is unenforceable unless the parties expressly agree in writing that it should be enforceable (s 23(3)). However, these voluntariness rules do not apply to mandatory referrals under s 20A(4)(a). The Director or a mediator may refuse or terminate mediation at any time (s 24).
Part 5 contains miscellaneous provisions of critical importance to practitioners. Evaluations of the Centres must be facilitated by record-keeping (s 26). Broad exoneration from civil liability is granted to mediators, the Director and staff for acts or omissions done in good faith (s 27(1)). Police and other officers are protected from liability for not prosecuting where a matter has been referred to mediation or an agreement reached, provided the failure was reasonable (s 27(2)), although this protection expressly excludes domestic violence offences (s 27(5)).
Privilege and confidentiality are addressed in detail in ss 28 and 29. Section 28 confers defamation privilege equivalent to judicial proceedings for statements made in mediation sessions or in documents produced for arranging them, but the privilege does not extend to publications outside those contexts. Evidence of anything said or any admission made in a mediation session, and any document prepared for or pursuant to a session, is inadmissible in any court, tribunal or body except with the consent of all participants, in proceedings arising from a permitted disclosure under s 29(2)(c) or 29A, or to prove the fact and substance of an agreement the parties have expressly agreed should be enforceable. Mediators, the Director and staff are protected from prosecution for concealing a serious indictable offence where the information was obtained under the Act (s 28(7)).
Section 29 requires every mediator to take an oath or affirmation of secrecy in the forms set out in Schedules 2 and 3 before commencing to exercise functions. Disclosure of information obtained in the administration of the Act is strictly limited to six enumerated exceptions: consent of the source, administration of the Act itself, prevention of injury or property damage, mandatory reporting under s 29A, referral to other agencies with party consent, research or evaluation that does not identify individuals without consent, or as required by State or Commonwealth law (other than subpoena). Section 29A imposes a mandatory reporting obligation on mediators who, in the course of their work, form reasonable grounds to suspect a child is at risk of significant harm within the meaning of s 23 of the Children and Young Persons (Care and Protection) Act 1998; they must report under s 24 of that Act as soon as practicable.
The regulation-making power (s 31) expressly contemplates fees for both voluntary and mandatory mediation services, including fees not requested or agreed to, together with waiver and refund mechanisms. Schedule 4 contains extensive savings and transitional provisions that, among other things, continued the existence of Centres and mediators from the 1980 pilot project, deemed prior delegations and accreditations to continue under the new Act, and preserved the confidentiality and liability protections for pre-commencement activities.
In short, the Act does not merely facilitate mediation; it creates a self-contained, confidential, largely voluntary ecosystem supported by statutory privilege, limited liability, mandatory reporting obligations and a dedicated administrative structure, while simultaneously positioning the Centres as a strategic contributor to the broader ADR landscape in New South Wales.
Who it affects
The legislation casts a wide net across several distinct classes of persons and entities.
First, members of the public who are in dispute on any matter (s 4(3), s 22(3)) may access mediation services. The Act is deliberately broad: disputes need not be justiciable or already before a court (s 22(2)), and “dispute” exists whenever parties are not in agreement, even during ongoing negotiations. Neighbours, family members (outside domestic violence), business partners, consumers and tenants are typical users.
Second, courts and tribunals are affected by s 20A. Once a court or tribunal refers a dispute for mediation under another Act or statutory rule, the Director may accept or decline the referral. If accepted, the statutory machinery of the Community Justice Centres Act overlays the referring legislation, subject only to limited exceptions. The Director must report the outcome in writing (s 20A(5)) or, if declining, give written reasons (s 20A(6)). This creates a direct interface between the justice system and the Centres.
Third, mediators—whether the Director or persons appointed under s 5—are central. They must take the statutory oath or affirmation (s 29(1)), are subject to strict secrecy obligations (s 29(2)), enjoy privilege and immunity (ss 27, 28), yet carry a mandatory child-protection reporting duty (s 29A). Their appointment, term, remuneration, vacation of office and removal are all regulated (ss 5–8). Mediators may conduct sessions alone or with others, may exclude disruptive non-parties (s 21(5)), and may terminate sessions (s 24(2)).
Fourth, the Director of Community Justice Centres occupies a pivotal statutory office. The Director is responsible for service provision and Centre management (s 20(1)), decides which disputes to accept (ss 20(3), 24(1)), assigns mediators (ss 20(2), 20A(3)), may issue binding determinations on classes of disputes (s 22(1)), may delegate functions (s 13), may establish advisory committees (s 13A), and must ensure records are kept for ministerial evaluations (s 26(2)). The Director also exercises the protective functions in ss 27–29.
Fifth, staff of the Centres and members of advisory committees are brought within various protections and obligations. Staff are employed under the Government Sector Employment Act 2013 (s 11) and may receive delegated authority from the Director (s 13). Advisory committee members, who need not be staff, may be paid and hold office on terms determined by the Minister (s 13A(5)).
Sixth, the Secretary of the Department of Justice is the appointing authority for mediators (s 5), determines their remuneration (s 7), may remove them (s 8(2)), and is the recipient of resignations and certain statutory notices.
Seventh, the Minister may commission evaluations (s 26(1)) and determines remuneration and terms for advisory committee members (s 13A(5)).
Eighth, other ADR providers, legal practitioners, academics and courts are indirectly affected by the statutory object in s 3(d) which requires the Centres to “contribute to the development of alternative dispute resolution in New South Wales by entering into connections and partnerships” with them. The Act therefore contemplates systemic collaboration rather than isolated service delivery.
Finally, children at risk are protected through the mandatory reporting gateway in s 29A, which overrides the ordinary confidentiality regime when a mediator forms the requisite suspicion during mediation work.
Key duties and rights
Duties fall most heavily on mediators and the Director. Mediators must take the oath or affirmation before exercising functions (s 29(1)) and are under a positive duty to report suspected significant harm to a child (s 29A). The Director must ensure proper records for evaluation (s 26(2)), provide written reports or reasons on mandatory referrals (s 20A(5)–(6)), and may be required to justify decisions under s 22(1) classifications. All persons administering the Act are subject to the strict disclosure limits in s 29(2).
Rights are primarily those of parties to mediation. They enjoy a statutory right to voluntariness (s 23(1)–(2)), to be accompanied or represented (s 21(4)), to withdraw at any time, and to insist that any agreement is unenforceable unless they expressly agree otherwise in writing (s 23(3)). Parties also benefit from the inadmissibility rules in s 28(4)–(5) and the defamation privilege in s 28(2). They may consent to disclosure or to admissibility of evidence, thereby controlling the confidentiality envelope.
Mediators, the Director and staff possess statutory immunities under s 27(1) for good-faith acts or omissions. Police and other officers have a defence to claims arising from reasonable decisions not to prosecute matters that have been mediated (s 27(2)). Mediators enjoy the same protection from prosecution for misprision of felony as if the information had been obtained in the ordinary course of their duties (s 28(7)).
The Director holds significant discretionary rights: to accept or decline disputes (including mandatory referrals), to assign mediators, to exclude non-parties, to terminate sessions, to delegate, and to establish advisory committees. The Secretary’s right to remove mediators at any time (s 8(2)) is unfettered by procedural fairness language in the statute itself, although general administrative law principles would apply.
The Act also creates a right for the Minister to commission evaluations and, implicitly, for the public to expect that Centres will not be falsely represented by unauthorised entities (s 19).
Penalties and enforcement
The Act is unusual in that it creates no conventional criminal offence provisions carrying monetary penalties or imprisonment. Instead, enforcement operates through a combination of civil prohibitions, statutory immunities, inadmissibility rules and administrative sanctions.
The most direct sanction is found in s 19. Use of the protected name or letters “Community Justice Centre” or “CJC” without authorisation, or any title or description that could lead a person to infer the user is a mediator under the Act, is prohibited. Although the section does not prescribe a specific penalty, breach would expose the offender to injunctive relief by the Director or the Secretary and potentially to actions for passing off or misleading conduct under the Australian Consumer Law. The prohibition is deliberately wide, extending to any “substantially the same” words or letters (s 19(2)).
Non-compliance with the secrecy oath or affirmation (s 29(1)) could found disciplinary action against an appointed mediator, including removal under s 8(2). Unauthorised disclosure in breach of s 29(2) would expose the person to civil suit for breach of statutory duty or equitable confidentiality, although the statute itself does not create a specific offence.
Failure by a mediator to report a child at risk under s 29A would breach the mandatory duty imported from the Children and Young Persons (Care and Protection) Act 1998 and could expose the mediator to professional censure or, in extreme cases, criminal liability under that Act’s reporting regime.
The Director’s decisions to accept or decline disputes, assign mediators, or classify disputes under s 22(1) are administrative decisions amenable to judicial review. Similarly, removal of a mediator under s 8(2) must observe procedural fairness despite the absence of express statutory procedural requirements.
Enforcement of mediation agreements is expressly limited: they are unenforceable unless the parties have agreed in writing that they shall be enforceable (s 23(3)). This provision reverses the ordinary common-law presumption and places the onus on parties who desire court enforceability to record that intention contemporaneously.
How it interacts with other laws
The Community Justice Centres Act 1983 is not a standalone code; it is expressly designed to mesh with other legislation.
Most obviously, s 20A creates a gateway for mandatory mediation ordered under any other Act or statutory rule. Once a matter is referred, the provisions of the referring Act continue to apply except to the extent they are inconsistent with s 20A(3) or the core provisions of the Community Justice Centres Act (other than s 23(1) and (3)). This produces a complex hybrid regime in which, for example, costs consequences under the Civil Procedure Act 2005 for failure to participate in good faith may still operate even though voluntariness under s 23(1) is disapplied.
The Act cross-references the Government Sector Employment Act 2013 for staff employment (s 11) and for the inapplicability of that Act to mediator appointments (s 5(2)). Remuneration decisions by the Secretary are therefore made within the GSE framework.
Child-protection obligations are imported wholesale from the Children and Young Persons (Care and Protection) Act 1998 via s 29A. A mediator’s reasonable suspicion of significant harm triggers the s 24 reporting duty under that Act, and the exemption in s 27(5) for domestic violence offences cross-references the Crimes (Domestic and Personal Violence) Act 2007.
Privilege under s 28 is modelled on, but not identical to, the without-prejudice privilege at common law and the statutory privileges in the Evidence Act 1995 (NSW). The Act’s privilege is both broader (covering defamation) and narrower (limited to sessions and preparatory documents) than the Evidence Act privileges. Section 28(6)(c) expressly permits evidence of the fact and substance of an enforceable agreement, creating a statutory exception not found in the general without-prejudice rule.
The Act interacts with the Supreme Court Act 1970, District Court Act 1973 and Local Court Act 2007 through the court-referral mechanism. It also sits alongside the Legal Profession Uniform Law insofar as legal practitioners may represent or advise parties at mediations and may themselves be appointed as mediators.
Transitional provisions in Schedule 4 ensure continuity with the repealed Community Justice Centres (Pilot Project) Act 1980, preserving accrued rights, delegations and confidentiality obligations.
Finally, the regulation-making power in s 31(2)(b) expressly contemplates fees for mandatory mediation even where the referring legislation is silent, illustrating the legislature’s intention that the Centres’ financial model can operate independently of the source of the referral.
Recent changes and why
Although the Act is titled 1983, its modern form is the product of two major amending statutes: the Community Justice Centres Amendment Act 2007 and the Community Justice Centres Amendment Act 2010, together with minor machinery amendments in 2015 consequent on machinery-of-government changes.
The 2007 amendments were the most transformative. They repealed the old Community Justice Centres Council, inserted the current expanded object in s 3 (adding training, promotion of ADR, and partnership functions), introduced the mandatory mediation provisions in s 20A, added the Director’s power to seek external advice (s 13A), modernised the Centre’s administrative status (s 18), strengthened the name-protection offence (s 19(1A)), revised the privilege and secrecy provisions to accommodate enforceable agreements, and inserted the mandatory child-at-risk reporting obligation (s 29A). These changes reflected a policy shift from viewing the Centres as a simple community mediation service to positioning them as a sophisticated, court-integrated arm of the justice system capable of handling referred matters and contributing to systemic ADR development. The 2007 Act also updated the regulation-making power to allow fees for mandatory mediation.
The 2010 amendments further refined the scheme. They rewrote the mediator appointment and employment provisions (new Division 1 of Part 2), substituted new staff provisions (s 11), repealed spent sections, clarified that the voluntariness rule does not apply to mandatory referrals, adjusted the privilege exceptions, and updated the oath and affirmation forms in Schedules 2 and 3 to remove gender-specific language and modernise terminology. The 2010 changes were largely technical but ensured the legislation aligned with contemporary public-sector employment structures and with the Children and Young Persons (Care and Protection) Amendment Act 2010 which had altered the “significant harm” test.
The 2015 amendments were purely consequential on the creation of the Department of Justice and the passage of the Government Sector Employment Act 2013. They replaced references to the Director-General of the Department of Attorney General and Justice with “Secretary” and updated cross-references.
These amendments were driven by three policy imperatives: (1) integration of the Centres into the mainstream court system to reduce litigation backlog; (2) alignment with contemporary child-protection obligations following high-profile inquiries; and (3) modernisation of public-sector governance and employment law.
Court challenges and controversies
Because the Act’s privilege and confidentiality provisions are robust, reported case law is relatively sparse. Nevertheless several themes emerge from the decided cases that cite the Act.
First, courts have consistently upheld the inadmissibility rules in s 28(4)–(5). In disputes where a party has sought to tender a mediation agreement or notes, judges have refused admission unless the strict conditions of s 28(6) are met—namely, all parties consent or the evidence is tendered solely to prove the existence and substance of an expressly enforceable agreement. Attempts to characterise mediation communications as falling outside the statutory definition have generally failed where the communications occurred during a session conducted by an appointed mediator.
Second, the interaction between s 20A and referring legislation has produced procedural litigation. Questions have arisen whether a court’s power to order costs against a party who fails to participate in good faith survives the statutory disapplication of s 23(1). The prevailing view is that the referring Act’s costs sanctions continue to apply unless they are directly inconsistent with the Community Justice Centres Act.
Third, the mandatory reporting obligation in s 29A has generated ethical debate within the mediation community. Some mediators argue that the duty chills full and frank disclosure by parties who fear child-protection consequences. The statute itself provides no exemption for information disclosed in confidence; once the reasonable suspicion threshold is crossed, reporting is mandatory. No appellate decision has yet tested the precise boundaries of “reasonable grounds to suspect” in the mediation context.
Fourth, the immunity provision in s 27(1) has been invoked successfully in suits against mediators for alleged negligence or bias. Courts have read “good faith” broadly, requiring plaintiffs to demonstrate absence of an honest belief that the act was within power. The provision has largely insulated the Centres from the wave of professional liability claims that have affected private mediators.
Controversies have also arisen around the Director’s power to decline mandatory referrals (s 20A(2)). Critics argue that the power undermines judicial authority, while the Department maintains that Centres must retain capacity to refuse matters that are unsuitable for mediation (for example, where there is a gross power imbalance or safety risk not caught by domestic violence exclusions). No reported case has yet invalidated a Director’s refusal.
Finally, the name-protection provision in s 19 has been used administratively to require private dispute-resolution firms to cease using “Community Justice” or “CJC” branding. There has been no reported superior-court litigation on the scope of “calculated to lead a person to infer” in s 19(1A), leaving a degree of uncertainty for hybrid organisations that offer both statutory and private mediation.
Gotchas
Most practitioners underestimate the breadth of the statutory definition of “mediation” and “mediation session”. Because s 4(1) includes “the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes”, “the bringing together of the parties”, and “the follow-up of any matter”, preliminary telephone calls, shuttle negotiations and post-settlement compliance discussions all attract the full privilege and secrecy regime. Many lawyers inadvertently create privileged documents without realising they have triggered the Act.
The interaction between s 23(3) and common-law contract principles is another trap. Even if parties sign a detailed settlement agreement at the end of a mediation session, that agreement remains unenforceable unless the parties have separately recorded in writing that they intend it to be enforceable. The statute overrides the ordinary objective theory of contract on this point. Compliance professionals should therefore include an express “enforceability election” clause in every mediation agreement template used at Centres.
Section 20A(4)(b) contains a subtle double-negative that is frequently missed. The provisions of the referring Act “apply … except to the extent to which they are inconsistent with subsection (3) or the other provisions of this Act applied by paragraph (a)”. This means that some costs sanctions or procedural rules in the referring legislation may be displaced without the parties or even the referring judge realising it. In particular, any rule that would treat the mediator as an officer of the referring court may be inconsistent with the Director’s assignment power in s 20A(3)(a).
The mandatory reporting obligation in s 29A is not limited to disclosures made by a party. If a mediator forms the requisite suspicion from anything said or observed “during the course of or from the mediator’s work as a mediator”, the duty is engaged. This can include inferences drawn from body language, documents produced, or statements made by support persons. Mediators must therefore maintain a low threshold for suspicion and have clear internal protocols for discharging the s 24 reporting obligation without breaching s 29 secrecy more than necessary.
Finally, the immunity in s 27(1) protects only “good faith” acts. The statutory language does not extend to gross negligence or wilful blindness. In an era of increasing mediator accreditation standards, a mediator who consistently fails to follow the Director’s procedural guidelines may find that a court narrows the scope of “good faith”, exposing them personally. The Act’s exoneration is therefore not a blanket indemnity; it demands diligent adherence to process.
The transitional provisions in Schedule 4 are not merely historical curiosities. Clause 15 preserves the secrecy obligations for information obtained under the 1980 pilot Act. In long-running disputes that have been mediated multiple times since the 1980s, practitioners must be alert to the possibility that older communications remain protected under the transitional regime even if the current mediation is conducted under the post-2007 rules.
How to comply
Compliance begins with process. Any organisation referring clients to a Community Justice Centre should obtain the Director’s written consent before treating a matter as accepted (s 20(3)). Where a court referral is contemplated, draft orders should expressly note that the mediation will be conducted under the Community Justice Centres Act and should identify whether the parties have agreed that any resulting agreement will be enforceable.
Mediators must, without exception, take the oath or affirmation in the form prescribed by Schedules 2 or 3 before conducting their first session. The oath should be administered by a justice of the peace and the original retained on file. Failure to do so means the mediator has not validly “commenced to exercise the functions of a mediator” (s 29(1)), potentially invalidating privilege claims.
All participants should be given a clear written explanation of the confidentiality regime before the first session. The explanation must disclose the six exceptions in s 29(2), the mandatory child-protection reporting obligation, and the limited circumstances in which evidence may become admissible under s 28(6). Written consent to any proposed referral to another agency (s 29(2)(d)) should be obtained contemporaneously.
When drafting mediation agreements, include an express clause stating: “The parties agree that any agreement reached at or drawn up pursuant to this mediation session is to be enforceable in accordance with s 23(3) of the Community Justice Centres Act 1983.” Absent that language, the agreement is statutorily unenforceable.
Organisations operating internal ADR programs that might be confused with statutory Centres must avoid any use of the words “Community Justice Centre”, “CJC”, or any substantially similar branding (s 19). Internal guidelines should prohibit staff mediators from using titles that could lead a reasonable person to infer they are appointed under the Act.
Records must be kept in a form that enables ministerial evaluation (s 26(2)). This includes attendance records, outcome statistics, and anonymised data sufficient to assess effectiveness. However, those records must not contain material that would identify individuals without consent if used for research (s 29(2)(e)).
Where a mediator forms a suspicion of significant harm to a child, the report under the Children and Young Persons (Care and Protection) Act 1998 must be made “as soon as practicable”. Internal policies should prescribe a maximum 24-hour window and a requirement that the report identify that it arises from a mediation session so that the receiving agency understands the sensitivity of the source.
Finally, all delegations, appointments and advisory committee terms should be documented in writing. The Director’s power to revoke delegations (s 13(1)) should be exercised expressly and communicated to both the delegate and relevant staff. Regular audits of mediator appointments against the vacancy triggers in s 8 are advisable to avoid arguments that a mediator’s actions were ultra vires.
By treating the Act as an integrated code rather than a collection of isolated mediation rules, practitioners can harness its protections while avoiding the procedural and ethical pitfalls that have ensnared the unwary.
(b) the bringing together of the parties to any dispute for that purpose, and
(c) 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 means:
(a) the Director, or
(b) a person for the time being holding office as a mediator under section 5.
Secretary means the Secretary of the Department of Justice.
(2) A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(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.
(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.
(5) Notes included in this Act do not form part of this Act.
s 4: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [2] [3]; 2010 No 79, Sch 1 [1]–[4]; 2015 No 58, Sch 3.21 [1].
Part 2 Administration
Part 2 Administration
Part 2 Administration
Division 1 Mediators
Division 1 Mediators
Division 1 Mediators
pt 2, div 1: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5].
5 Appointment of mediators
5 Appointment of mediators
5 Appointment of mediators
(1) The Secretary may, on the recommendation of the Director, appoint a person as a mediator for Community Justice Centres.
(2) The Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a mediator.
s 5: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2] [3].
6 Terms of office
6 Terms of office
6 Terms of office
Subject to this Division, a mediator holds office for the term, not more than 3 years, specified in the mediator’s instrument of appointment, and is eligible for reappointment.
s 6: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5].
7 Remuneration
7 Remuneration
7 Remuneration
A mediator is entitled to be paid the remuneration and allowances decided by the Secretary from time to time.
s 7: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2].
8 Vacancy in office
8 Vacancy in office
8 Vacancy in office
(1) The office of a mediator becomes vacant if the mediator:
(a) dies, or
(b) completes a term of office and is not reappointed, or
(c) resigns the office by written instrument addressed to the Secretary, or
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(e) becomes a mentally incapacitated person, or
(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Secretary may remove a mediator from office at any time.
s 8: Rep 2007 No 70, Sch 1 [5]. Ins 2010 No 79, Sch 1 [5]. Am 2015 No 58, Sch 3.21 [2].
9
9 (Repealed)
9
s 9: Am 1992 No 111, Sch 1. Rep 2007 No 70, Sch 1 [5].
Division 2 Staff of Community Justice Centres
Division 2 Staff of Community Justice Centres
Division 2 Staff of Community Justice Centres
10
10 (Repealed)
10
s 10: Am 1992 No 111, Sch 1. Rep 2007 No 70, Sch 1 [6].
11 Staff
11 Staff
11 Staff
The Director and the staff of Community Justice Centres are to be employed under the Government Sector Employment Act 2013.
s 11: Am 1992 No 111, Sch 1; 1998 No 48, Sch 2.4. Subst 2010 No 79, Sch 1 [6]; 2015 No 58, Sch 3.21 [4].
12
12 (Repealed)
12
s 12: Am 1992 No 111, Sch 1. Rep 2010 No 79, Sch 1 [6].
13 Delegation by Director
13 Delegation by Director
13 Delegation by Director
(1) The Director may authorise a member of the staff of a Community Justice Centre to exercise 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, may revoke wholly or in part any such authorisation.
(2) A function which is authorised to be exercised under this section may, while the authorisation remains unrevoked, be exercised from time to time in accordance with the terms of the authorisation.
(3) An authorisation under this section may be made subject to conditions or limitations.
(4) Notwithstanding any authorisation under this section, the Director may continue to exercise all or any of the functions to which the authorisation relates.
(5) Any act or thing done in the exercise of a function by a person authorised under this section to exercise the function has the same force and effect as if it had been done by the Director.
(6) Where the exercise 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 exercised by another person, the function may, subject to any restriction imposed by the Director, be exercised in accordance with the opinion, belief or state of mind of that other person.
s 13: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [9].
13A Director may seek advice relating to Director’s functions and object of Act
13A Director may seek advice relating to Director’s functions and object of Act
13A Director may seek advice relating to Director’s functions and object of Act
(1) The Director may consult any other person or body the Director considers appropriate in relation to the carrying out of the Director’s functions under this Act and the achievement of the object of this Act.
(2) Without limiting subsection (1), the Director may establish advisory committees to give advice in relation to the exercise of the Director’s functions under this Act and the achievement of the object of this Act.
(3) Any or all of the members of an advisory committee may be persons who are not members of staff of Community Justice Centres.
(4) The procedure for the calling of meetings of an advisory committee established by the Director and for the conduct of business at those meetings is to be as determined by the committee (subject to any determination of the Director).
(5) The Minister may determine the remuneration (if any) and the term of office of members of an advisory committee established under this section.
s 13A: Ins 2007 No 70, Sch 1 [10].
Part 3 Community Justice Centres
Part 3 Community Justice Centres
Part 3 Community Justice Centres
14 Establishment of Community Justice Centres
14 Establishment of Community Justice Centres
14 Establishment of Community Justice Centres
Community Justice Centres shall be established and operated in accordance with this Act for the purpose of achieving the purposes referred to in section 3 (a)–(e).
s 14: Am 2007 No 70, Sch 1 [11].
15
15, 16 (Repealed)
15
s 15: Am 2007 No 70, Sch 1 [12]. Rep 2010 No 79, Sch 1 [7].
s 16: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [13]. Rep 2010 No 79, Sch 1 [7].
17
17 (Repealed)
17
s 17: Am 1992 No 111, Sch 1. Rep 2007 No 70, Sch 1 [14].
18 Centres to be part of Department of Justice
18 Centres to be part of Department of Justice
18 Centres to be part of Department of Justice
Community Justice Centres are taken for all purposes to form part of the Department of Justice.
s 18: Am 1992 No 111, Sch 1. Subst 2007 No 70, Sch 1 [15]. Am 2015 No 58, Sch 3.21 [5].
19 Use of certain words or letters
19 Use of certain words or letters
19 Use of certain words or letters
(1) The words “Community Justice Centre” or the letters “CJC” shall not be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor shall any centre, organisation, body or group, or any other place or establishment, or any part thereof, be held out as a Community Justice Centre (whether or not as established under this Act) by the use of the words “Community Justice Centre” or the letters “CJC” or in any other manner:
(a) unless in either case it is in fact a Community Justice Centre established under this Act, or
(b) except in either case with the consent of the Director.
(1A) A person (other than a mediator) must not take or use a name, title or description including a name, title or description that includes the words “Community Justice Centre” or the letters “CJC” that, having regard to the circumstances in which it is taken or used:
(a) indicates, or
(b) is capable of being understood to indicate, or
(c) is calculated to lead a person to infer,
that the person is a mediator under this Act.
(2) In this section, a reference to:
(a) the words “Community Justice 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
(b) the letters “CJC” includes a reference to matter that is substantially the same as those letters.
s 19: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [16]; 2010 No 79, Sch 1 [8] [9].
Part 4 Mediation
Part 4 Mediation
Part 4 Mediation
20 Provision of mediation services generally
20 Provision of mediation services generally
20 Provision of mediation services generally
(1) The Director is responsible for the provision of mediation services and for the operation and management of Community Justice Centres.
(2) Each mediation session shall be conducted by one or more mediators assigned for the purpose by the Director.
(3) No dispute shall be accepted for mediation under this Act except with the consent of the Director.
s 20: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [19].
20A Provision of mandatory mediation services
20A Provision of mandatory mediation services
20A Provision of mandatory mediation services
(1) This section applies to a dispute that has been referred to Community Justice Centres for mediation by an order of a court or tribunal under a provision of another Act or of a statutory rule.
(2) The Director may accept, or decline to accept, a dispute to which this section applies for mediation under this Act.
(3) If the Director accepts a dispute to which this section applies for mediation:
(a) the Director may assign the mediator or mediators who are to conduct the mediation sessions in relation to the dispute, and
(b) a mediator assigned by the Director to conduct the mediation sessions in relation to the dispute is taken to be the mediator appointed by the court or tribunal that made the order referring the dispute for mediation or the mediator specified in the order, as the case may be.
(4) Unless otherwise provided by the regulations:
(a) the provisions of this Act (except section 23 (1) and (3)) apply to the mediation under this Act of a dispute to which this section applies and to the mediators conducting the mediation sessions in relation to the dispute, and
(b) the provisions of the Act or statutory rule under which an order was made referring such a dispute for mediation under this Act, and the terms of the order:
(i) apply to the mediation of the dispute under this Act and to the mediators conducting the mediation sessions in relation to the dispute in the same way as they apply to mediation under the Act or statutory rule under which the referring order was made and mediators conducting mediation under that Act or statutory rule, and
(ii) so apply except to the extent to which they are inconsistent with subsection (3) or the other provisions of this Act applied by paragraph (a).
(5) If the Director accepts a dispute to which this section applies for mediation under this Act, the Director is to provide a written report on the outcome of the mediation or attempted mediation to the court or tribunal that referred the matter for mediation.
(6) If the Director declines to accept a dispute to which this section applies for mediation under this Act, the Director is to give the court or tribunal that referred the matter for mediation notice in writing of the Director’s decision and the reason for the decision.
s 20A: Ins 2007 No 70, Sch 1 [20]. Am 2010 No 79, Sch 1 [10] [11].
21 Conduct of mediation sessions
21 Conduct of mediation sessions
21 Conduct of mediation sessions
(1) The procedure for commencing and conducting a mediation session at a Community Justice Centre is to be as determined by the Director.
(2) Mediation sessions shall be conducted with as little formality and technicality, and with as much expedition, as possible.
(3) The rules of evidence do not apply to mediation sessions.
(4) A party to a mediation session may be accompanied by or represented by another person.
(5) The Director or the mediator conducting a mediation session may exclude a person (other than a party to the mediation session) from attending, or continuing to attend the mediation session if, in the Directo
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