This Act establishes state dispute resolution centres to provide voluntary mediation services. It sets who runs and staffs the centres, how mediation is to be conducted (informal, private, and voluntary), rules on confidentiality and privilege, limits use of the name “dispute resolution centre”, and allows the department to set fees. The law affects people and organisations using or operating mediation services and courts/tribunals that may refer disputes for mediation because some referrals are governed by the Act under which the referral is made.
This Act establishes and governs publicly constituted dispute resolution centres that provide mediation services, sets out how mediators and directors are appointed and supervised, and creates statutory rules about the conduct, confidentiality and legal effect of mediation conducted in those centres.
Mechanically, the Act does the following:
Authorises the Governor in Council to establish dispute resolution centres and specify their premises by gazette notice (ss 22-24). The principal office is the gazetted premises; other venues may be approved by the centre’s director (s 24(1)-(2); s 23).
Makes each centre part of a government department and subject to applicable public sector law (s 26).
Creates a named office of director for each centre and permits one person to be director for more than one centre (s 27AA).
Allows the chief executive to appoint mediators (other than the director) for terms, subject to qualification criteria and diversity considerations; mediators are appointed under this Act and paid as decided by the chief executive (s 27AB). The director and other staff (excluding s 27AB mediators) are to be employed under the Public Sector Act 2022 (s 27AC).
Confers operational discretion on the director: the director is responsible for provision, operation and management of mediation services and may determine procedures, classes of disputes to accept or exclude, and whether to consent to mediation of individual disputes (ss 28-30). The director assigns mediators to sessions and may authorise staff to exercise director functions (ss 28(2)-(5); 27AD).
Prescribes the voluntary nature of mediation and the legal effect of agreements reached: attendance and participation are voluntary, parties may withdraw at any time, and agreements are not enforceable in court unless the parties expressly agree in writing (s 31).
Current sections
Direct links to the current provisions in Dispute Resolution Centres Act 1990.
56
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Dispute Resolution Centres Act 1990 .
sec.2
Interpretation
sec.2 Interpretation
In this Act—
agency means a department or local government, and includes part of an agency.
s 2 def agency ins 1997 No. 38 s 17
council ...
s 2 def council om 2013 No. 35 s 46 (1)
department ...
s 2 def department om R2 (see RA s 39)
director means a person holding office or duly acting as director of a dispute resolution centre.
dispute resolution centre means a dispute resolution centre established under this Act.
functions includes powers, authorities and duties.
mediation includes—
the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and
the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and
the follow-up of any matter the subject of any such discussion or settlement.
mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter.
mediator , in relation to a dispute resolution centre, means—
the director of the centre; or
a person appointed under section 27AB as a mediator for the centre.
s 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2)
member ...
s 2 def member om 2013 No. 35 s 46 (1)
Minister ...
s 2 def Minister om R2 (see RA s 39)
QCAT principal registrar means the principal registrar under the QCAT Act .
s 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1)
Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended.
referring order means an order referring a dispute for mediation made by—
the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or
QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or
the Planning and Environment Court under the Planning and Environment Court Act 2016 .
s 2 def referring order ins 1997 No. 38 s 17
amd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2)
sub 2011 No. 45 s 217 sch 1A
amd 2019 No. 11 s 231 s ch 1 pt 2
A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.
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.
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.
(sec.2-ssec.1) In this Act— agency means a department or local government, and includes part of an agency. s 2 def agency ins 1997 No. 38 s 17 council ... s 2 def council om 2013 No. 35 s 46 (1) department ... s 2 def department om R2 (see RA s 39) director means a person holding office or duly acting as director of a dispute resolution centre. dispute resolution centre means a dispute resolution centre established under this Act. functions includes powers, authorities and duties. mediation includes— the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and the follow-up of any matter the subject of any such discussion or settlement. mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter. mediator , in relation to a dispute resolution centre, means— the director of the centre; or a person appointed under section 27AB as a mediator for the centre. s 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2) member ... s 2 def member om 2013 No. 35 s 46 (1) Minister ... s 2 def Minister om R2 (see RA s 39) QCAT principal registrar means the principal registrar under the QCAT Act . s 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1) Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended. referring order means an order referring a dispute for mediation made by— the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or the Planning and Environment Court under the Planning and Environment Court Act 2016 . s 2 def referring order ins 1997 No. 38 s 17 amd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2) sub 2011 No. 45 s 217 sch 1A amd 2019 No. 11 s 231 s ch 1 pt 2
(sec.2-ssec.2) A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.
(sec.2-ssec.3) A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session.
(sec.2-ssec.4) A reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.
(a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and
(b) the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and
(c) the follow-up of any matter the subject of any such discussion or settlement.
(a) the director of the centre; or
(b) a person appointed under section 27AB as a mediator for the centre.
(a) the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or
(b) QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or
(c) the Planning and Environment Court under the Planning and Environment Court Act 2016 .
pt.2
pt.2-div.1
sec.3
Section sec.3
s 3 amd 1997 No. 38 s 18
om 2013 No. 35 s 48
sec.4
Section sec.4
s 4 om 1997 No. 38 s 19
sec.5
Section sec.5
s 5 om 2013 No. 35 s 48
sec.6
Section sec.6
s 6 sub 1997 No. 38 s 20
om 2013 No. 35 s 48
sec.7
Section sec.7
s 7 om 2013 No. 35 s 48
sec.8
Section sec.8
s 8 amd 1997 No. 38 s 21
om 2013 No. 35 s 48
sec.9
Section sec.9
s 9 amd 1994 No. 29 s 3 sch ; 2000 No. 16 s 590 sch 1 pt 2
om 2013 No. 35 s 48
sec.10
Section sec.10
s 10 amd 1997 No. 38 s 22
om 2013 No. 35 s 48
sec.11
Section sec.11
s 11 amd 1997 No. 38 s 23
om 2013 No. 35 s 48
sec.12
Section sec.12
s 12 om 2013 No. 35 s 48
sec.13
Section sec.13
s 13 om 2013 No. 35 s 48
sec.14
Section sec.14
s 14 om 2013 No. 35 s 48
sec.15
Section sec.15
s 15 om 1996 No. 37 s 147 sch 2
sec.16
Section sec.16
s 16 om 2013 No. 35 s 48
sec.17
Section sec.17
s 17 om 2013 No. 35 s 48
pt.2-div.2
pt.3
Dispute resolution centres
Dispute resolution centres
pt.3-div.1
Establishment and operation of dispute resolution centres
Establishment and operation of dispute resolution centres
sec.22
Establishment of dispute resolution centres
sec.22 Establishment of dispute resolution centres
Dispute resolution centres may be established and operated in accordance with this Act for the purpose of providing mediation services.
sec.23
Premises of dispute resolution centres
sec.23 Premises of dispute resolution centres
Dispute resolution centres may be established at such premises as the Governor in Council may determine by gazette notice.
s 23 amd 1997 No. 38 s 26
sec.24
Place of operation of dispute resolution centres
sec.24 Place of operation of dispute resolution centres
The principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .
The activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.
s 24 amd 1997 No. 38 s 27
(sec.24-ssec.1) The principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .
(sec.24-ssec.2) The activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.
sec.25
Section sec.25
s 25 om 1997 No. 38 s 28
sec.26
Centres to be part of department
sec.26 Centres to be part of department
Dispute resolution centres are to operate within and as parts of the department, and nothing in this Act derogates from the operation of the provisions of the Public Sector Act 2022 , or any other Act so far as they apply to that department and any such part thereof.
s 26 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
sec.27
Use of certain words
sec.27 Use of certain words
The words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner—
unless in either case it is in fact a dispute resolution centre established under this Act; or
except in either case with the consent of the Minister.
In this section, a reference to—
the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and
the letters DRC includes a reference to matter that is substantially the same as those letters.
A person who—
uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or
holds out or causes to be held out anything as a dispute resolution centre;
in contravention of subsection (1) , commits an offence against this Act.
Maximum penalty—15 penalty units.
It is a defence to prove that the usage or holding out in question was established before the commencement of this section.
s 27 amd 1997 No. 38 s 29 ; 2007 No. 37 s 46
(sec.27-ssec.1) The words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner— unless in either case it is in fact a dispute resolution centre established under this Act; or except in either case with the consent of the Minister.
(sec.27-ssec.2) In this section, a reference to— the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and the letters DRC includes a reference to matter that is substantially the same as those letters.
(sec.27-ssec.3) A person who— uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or holds out or causes to be held out anything as a dispute resolution centre; in contravention of subsection (1) , commits an offence against this Act. Maximum penalty—15 penalty units.
(sec.27-ssec.4) It is a defence to prove that the usage or holding out in question was established before the commencement of this section.
(a) unless in either case it is in fact a dispute resolution centre established under this Act; or
(b) except in either case with the consent of the Minister.
(a) the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and
(b) the letters DRC includes a reference to matter that is substantially the same as those letters.
(a) uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or
(b) holds out or causes to be held out anything as a dispute resolution centre;
pt.3-div.2
Staff of dispute resolution centres
Staff of dispute resolution centres
sec.27AA
Directors
sec.27AA Directors
There is to be a director for each dispute resolution centre and the same person may be the director for more than 1 dispute resolution centre.
s 27AA (prev s 18) amd 1997 No. 38 s 24
reloc and renum 2013 No. 35 s 50
sec.27AB
Mediators
sec.27AB Mediators
The chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.
A person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.
In making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.
The chief executive may impose conditions on the appointment of a person as a mediator.
A mediator is to be paid the remuneration and allowances decided by the chief executive.
A mediator is appointed under this Act and not the Public Sector Act 2022 .
s 27AB (prev s 19) amd 1997 No. 38 s 25 ; 2008 No. 59 s 33
reloc and renum 2013 No. 35 s 50
amd 2022 No. 34 s 365 sch 3
(sec.27AB-ssec.1) The chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.
(sec.27AB-ssec.2) A person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.
(sec.27AB-ssec.3) In making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.
(sec.27AB-ssec.4) The chief executive may impose conditions on the appointment of a person as a mediator.
(sec.27AB-ssec.5) A mediator is to be paid the remuneration and allowances decided by the chief executive.
(sec.27AB-ssec.6) A mediator is appointed under this Act and not the Public Sector Act 2022 .
sec.27AC
Staff
sec.27AC Staff
The director and staff of a dispute resolution centre (other than a mediator appointed under section 27AB ) are to be employed under the Public Sector Act 2022 .
s 27AC (prev s 20) amd 1996 No. 37 s 147 sch 2
sub 2008 No. 59 s 34
reloc and renum 2013 No. 35 s 50
amd 2013 No. 35 s 53 ; 2022 No. 34 s 365 sch 3
sec.27AD
Delegation by director
sec.27AD Delegation by director
The director of a dispute resolution centre may authorise a member of the staff of the centre to discharge such of the director’s functions (including any functions delegated to the director under this Act, but not including this power of authorisation) as the director thinks fit, and the director, or any successor as director of the centre, may revoke wholly or in part any such authorisation.
A function which is authorised to be discharged under this section, while the authorisation remains unrevoked, may be discharged from time to time in accordance with the terms of the authorisation.
An authorisation under this section may be made subject to conditions or limitations.
Notwithstanding any authorisation under this section, the director may continue to discharge all or any of the functions to which the authorisation relates.
Any act or thing done in the discharge of a function by a person authorised under this section to discharge the function has the same force and effect as if it had been done by the director.
Where the discharge of a function of the director depends on the opinion, belief or state of mind of the director and the function is in accordance with this section authorised to be discharged by another person, the function, subject to any restriction imposed by the director, may be discharged in accordance with the opinion, belief or state of mind of that other person.
s 27AD (prev s 21) reloc and renum 2013 No. 35 s 50
(sec.27AD-ssec.1) The director of a dispute resolution centre may authorise a member of the staff of the centre to discharge such of the director’s functions (including any functions delegated to the director under this Act, but not including this power of authorisation) as the director thinks fit, and the director, or any successor as director of the centre, may revoke wholly or in part any such authorisation.
(sec.27AD-ssec.2) A function which is authorised to be discharged under this section, while the authorisation remains unrevoked, may be discharged from time to time in accordance with the terms of the authorisation.
(sec.27AD-ssec.3) An authorisation under this section may be made subject to conditions or limitations.
(sec.27AD-ssec.4) Notwithstanding any authorisation under this section, the director may continue to discharge all or any of the functions to which the authorisation relates.
(sec.27AD-ssec.5) Any act or thing done in the discharge of a function by a person authorised under this section to discharge the function has the same force and effect as if it had been done by the director.
(sec.27AD-ssec.6) Where the discharge of a function of the director depends on the opinion, belief or state of mind of the director and the function is in accordance with this section authorised to be discharged by another person, the function, subject to any restriction imposed by the director, may be discharged in accordance with the opinion, belief or state of mind of that other person.
pt.4
Mediation
Mediation
sec.27A
Application
sec.27A Application
This part, other than the prescribed sections, does not apply in relation to a dispute that is the subject of a referring order.
To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.
In this section—
prescribed sections means—
this section
section 28 (1) , (2) , (3) and (4) .
s 27A ins 1997 No. 38 s 30
(sec.27A-ssec.1) This part, other than the prescribed sections, does not apply in relation to a dispute that is the subject of a referring order.
(sec.27A-ssec.2) To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.
(sec.27A-ssec.3) In this section— prescribed sections means— this section section 28 (1) , (2) , (3) and (4) .
• this section
• section 28 (1) , (2) , (3) and (4) .
sec.28
Provision of mediation services
sec.28 Provision of mediation services
The director of a dispute resolution centre is responsible for the provision of mediation services, including mediation services necessary to give effect to a referring order, and for the operation and management of the centre.
Each mediation session is to be conducted by 1 or more mediators assigned for the purpose by the director.
If, under a referring order, the director of a dispute resolution centre is appointed as mediator of the dispute referred for mediation, the director may assign 1 or more appropriately qualified mediators to conduct the mediation.
A mediator assigned by the director under subsection (3) is taken to be the mediator appointed for the dispute under the referring order.
No dispute may be accepted for mediation under this Act unless the director consents.
s 28 amd 1997 No. 38 s 31
(sec.28-ssec.1) The director of a dispute resolution centre is responsible for the provision of mediation services, including mediation services necessary to give effect to a referring order, and for the operation and management of the centre.
(sec.28-ssec.2) Each mediation session is to be conducted by 1 or more mediators assigned for the purpose by the director.
(sec.28-ssec.3) If, under a referring order, the director of a dispute resolution centre is appointed as mediator of the dispute referred for mediation, the director may assign 1 or more appropriately qualified mediators to conduct the mediation.
(sec.28-ssec.4) A mediator assigned by the director under subsection (3) is taken to be the mediator appointed for the dispute under the referring order.
(sec.28-ssec.5) No dispute may be accepted for mediation under this Act unless the director consents.
sec.29
Conduct of mediation sessions
sec.29 Conduct of mediation sessions
The procedure for commencing and conducting a mediation session at a dispute resolution centre is to be as determined by the director.
Mediation sessions are to be conducted with as little formality and technicality, and with as much expedition, as possible.
The rules of evidence do not apply to mediation sessions.
A dispute may not be adjudicated or arbitrated upon at a mediation session.
A mediation session is to be conducted in the absence of the public, but persons who are not parties to a mediation session may be present at or participate in a mediation session with the permission of the director.
s 29 amd 1997 No. 38 s 32
(sec.29-ssec.1) The procedure for commencing and conducting a mediation session at a dispute resolution centre is to be as determined by the director.
(sec.29-ssec.2) Mediation sessions are to be conducted with as little formality and technicality, and with as much expedition, as possible.
(sec.29-ssec.3) The rules of evidence do not apply to mediation sessions.
(sec.29-ssec.4) A dispute may not be adjudicated or arbitrated upon at a mediation session.
(sec.29-ssec.5) A mediation session is to be conducted in the absence of the public, but persons who are not parties to a mediation session may be present at or participate in a mediation session with the permission of the director.
sec.30
Disputes
sec.30 Disputes
The director of a dispute resolution centre may decide, for the centre, that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.
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.
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 30 amd 1997 No. 38 s 33
(sec.30-ssec.1) The director of a dispute resolution centre may decide, for the centre, that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.
(sec.30-ssec.2) A mediation session may be commenced or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.
(sec.30-ssec.3) For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).
sec.31
Mediation to be voluntary
sec.31 Mediation to be voluntary
Attendance at and participation in mediation sessions are voluntary.
A party to a mediation session may withdraw from the mediation session at any time.
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.
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 31 amd 1997 No. 38 s 34
(sec.31-ssec.1) Attendance at and participation in mediation sessions are voluntary.
(sec.31-ssec.2) A party to a mediation session may withdraw from the mediation session at any time.
(sec.31-ssec.3) Notwithstanding any rule of law or equity, any agreement reached at, or drawn up pursuant to, a mediation session is not enforceable in any court, tribunal or body, unless the parties agree in writing that the agreement is to be enforceable.
(sec.31-ssec.4) Except as expressly provided in this Act, nothing in this Act affects any rights or remedies that a party to a dispute has apart from this Act.
sec.32
Refusal or termination of mediation
sec.32 Refusal or termination of mediation
The director of a dispute resolution centre may decline to consent to the acceptance of any dispute for mediation under this Act at the centre.
A mediation session may be terminated at any time by the mediator or by the director.
(sec.32-ssec.1) The director of a dispute resolution centre may decline to consent to the acceptance of any dispute for mediation under this Act at the centre.
(sec.32-ssec.2) A mediation session may be terminated at any time by the mediator or by the director.
sec.33
Representation by agent
sec.33 Representation by agent
A party to a mediation session is not entitled to be represented by an agent unless—
it appears to the director that—
an agent should be permitted in order to facilitate mediation; and
the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
the director so approves.
Subsection (1) does not prevent—
where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or
where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or
if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or
where any other corporation is a party to a mediation session—an agent appointed by the corporation;
from representing that corporation.
Where a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.
Contravention of any provision of this section does not invalidate any mediation session.
s 33 amd 1996 No. 79 s 28 ; 1997 No. 28 s 295 sch 3 ; 2001 No. 45 s 29 sch 3
(sec.33-ssec.1) A party to a mediation session is not entitled to be represented by an agent unless— it appears to the director that— an agent should be permitted in order to facilitate mediation; and the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and the director so approves.
(sec.33-ssec.2) Subsection (1) does not prevent— where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or where any other corporation is a party to a mediation session—an agent appointed by the corporation; from representing that corporation.
(sec.33-ssec.3) Where a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions.
(sec.33-ssec.4) Contravention of any provision of this section does not invalidate any mediation session.
(a) it appears to the director that— (i) an agent should be permitted in order to facilitate mediation; and (ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
(i) an agent should be permitted in order to facilitate mediation; and
(ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
(b) the director so approves.
(i) an agent should be permitted in order to facilitate mediation; and
(ii) the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and
(a) where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or
(b) where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or
(ba) if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or
(c) where any other corporation is a party to a mediation session—an agent appointed by the corporation;
sec.34
Section sec.34
s 34 om 1997 No. 38 s 35
pt.5
Miscellaneous
Miscellaneous
sec.35
Exoneration from liability
sec.35 Exoneration from liability
No matter or thing done or omitted to be done by—
a mediator; or
a director or a member of the staff of a dispute resolution centre;
if the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand.
A police officer, or any other officer or person, is not liable to be proceeded against in respect of—
failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or
the arrest of a person followed by such a failure; or
failure to offer evidence at the hearing of a charge referred to in paragraph (a) ;
if the failure is reasonable—
by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and
in all the circumstances of the case.
In subsection (2) —
offence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 .
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.
No person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director.
s 35 amd 2002 No. 6 s 53 sch 2 ; 2013 No. 35 s 54 ; 2016 No. 51 s 73 sch 1
(sec.35-ssec.1) No matter or thing done or omitted to be done by— a mediator; or a director or a member of the staff of a dispute resolution centre; if the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand.
(sec.35-ssec.2) A police officer, or any other officer or person, is not liable to be proceeded against in respect of— failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or the arrest of a person followed by such a failure; or failure to offer evidence at the hearing of a charge referred to in paragraph (a) ; if the failure is reasonable— by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and in all the circumstances of the case.
(sec.35-ssec.3) In subsection (2) — offence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 .
(sec.35-ssec.4) Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time.
(sec.35-ssec.5) No person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director.
(a) a mediator; or
(b) a director or a member of the staff of a dispute resolution centre;
(a) failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or
(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) ;
(d) by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and
(e) in all the circumstances of the case.
sec.36
Privilege
sec.36 Privilege
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.
Subject to subsection (3) , the like privilege with respect to defamation exists with respect to—
a mediation session; or
a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged;
as exists with respect to proceedings before the Supreme Court and a document produced in these proceedings.
The privilege conferred by subsection (2) does not extend to a publication made otherwise than—
at a mediation session; or
as provided by subsection (2) (b) ; or
as provided by section 37 (2) .
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.
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.
Subsections (4) and (5) do not apply with respect to any evidence or document—
where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or
in proceedings instituted with respect to—
any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or
an offence under section 37 (3) concerning the disclosure of the evidence or document.
This section does not apply in relation to a dispute that is the subject of a referring order.
To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.
s 36 amd 1997 No. 38 s 36
(sec.36-ssec.1) In this section— mediation session includes any steps taken in the course of making arrangements for a mediation session or in the course of the follow-up of a mediation session.
(sec.36-ssec.2) Subject to subsection (3) , the like privilege with respect to defamation exists with respect to— a mediation session; or a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged; as exists with respect to proceedings before the Supreme Court and a document produced in these proceedings.
(sec.36-ssec.3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than— at a mediation session; or as provided by subsection (2) (b) ; or as provided by section 37 (2) .
(sec.36-ssec.4) Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.
(sec.36-ssec.5) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body.
(sec.36-ssec.6) Subsections (4) and (5) do not apply with respect to any evidence or document— where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or in proceedings instituted with respect to— any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or an offence under section 37 (3) concerning the disclosure of the evidence or document.
(sec.36-ssec.7) This section does not apply in relation to a dispute that is the subject of a referring order.
(sec.36-ssec.8) To remove any doubt, it is declared that the Act that applies to the mediation of a dispute that is the subject of a referring order is the Act under which the referring order is made.
(a) a mediation session; or
(b) a document or other material sent to, or produced at, a dispute resolution centre for the purpose of enabling a mediation session to be arranged;
(a) at a mediation session; or
(b) as provided by subsection (2) (b) ; or
(c) as provided by section 37 (2) .
(a) where the persons in attendance at, or named during, the mediation session and, in the case of a document, all persons named in the document—consent to admission of the evidence or document; or
(b) in proceedings instituted with respect to— (i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or (ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.
(i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or
(ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.
(i) any act or omission in connection with which a disclosure has been made pursuant to section 37 (2) (c) ; or
(ii) an offence under section 37 (3) concerning the disclosure of the evidence or document.
sec.37
Secrecy
sec.37 Secrecy
A mediator is not competent to commence to discharge the functions of a mediator without first taking an oath before a justice of the peace in or to the effect of the form set out in schedule 1 or making an affirmation in or to the effect of the form set out in schedule 2 .
A relevant person may disclose information obtained in connection with the administration or execution of this Act only as follows—
with the consent of the person from whom the information was obtained;
in connection with the administration or execution of this Act;
where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property;
where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner;
where the disclosure does not reveal the identity of a person without the consent of the person and is reasonably required for the purposes of research carried out by, or with the approval of, a director;
in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
A relevant person who discloses information obtained in connection with the administration of this Act otherwise than as authorised under subsection (2) commits an offence against this Act.
Maximum penalty—15 penalty units.
Despite subsections (2) and (3) a director may, if the director considers it is appropriate in the circumstances, disclose to an agency or court—
the fact that a dispute resolution process has taken place; and
whether an agreement was reached as a result of that process.
Before a director may make the disclosure mentioned in subsection (4) , the director must—
tell the parties of his or her intention to make the disclosure; and
allow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and
have regard to the representations.
Subsection (4) does not permit the disclosure of the content of the agreement reached by the parties without the consent of the parties.
This section, other than subsection (1) , does not apply in relation to a dispute that is the subject of a referring order.
To remove any doubt, it is declared that the Act that applies to the disclosure of information about a dispute that is the subject of a referring order is the Act under which the referring order is made.
In this section—
relevant person means a person who is or has been any of the following—
a mediator;
a director;
a member of the staff of a dispute resolution centre;
a person making an evaluation under section 34 , as in force at any time before its repeal;
a person carrying out research for, or with the approval of, a director.
s 37 amd 1997 No. 38 s 37 ; 2007 No. 37 s 47 ; 2013 No. 35 s 55
(sec.37-ssec.1) A mediator is not competent to commence to discharge the functions of a mediator without first taking an oath before a justice of the peace in or to the effect of the form set out in schedule 1 or making an affirmation in or to the effect of the form set out in schedule 2 .
(sec.37-ssec.2) A relevant person may disclose information obtained in connection with the administration or execution of this Act only as follows— with the consent of the person from whom the information was obtained; in connection with the administration or execution of this Act; where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property; where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner; where the disclosure does not reveal the identity of a person without the consent of the person and is reasonably required for the purposes of research carried out by, or with the approval of, a director; in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
(sec.37-ssec.3) A relevant person who discloses information obtained in connection with the administration of this Act otherwise than as authorised under subsection (2) commits an offence against this Act. Maximum penalty—15 penalty units.
(sec.37-ssec.4) Despite subsections (2) and (3) a director may, if the director considers it is appropriate in the circumstances, disclose to an agency or court— the fact that a dispute resolution process has taken place; and whether an agreement was reached as a result of that process.
(sec.37-ssec.5) Before a director may make the disclosure mentioned in subsection (4) , the director must— tell the parties of his or her intention to make the disclosure; and allow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and have regard to the representations.
(sec.37-ssec.6) Subsection (4) does not permit the disclosure of the content of the agreement reached by the parties without the consent of the parties.
(sec.37-ssec.7) This section, other than subsection (1) , does not apply in relation to a dispute that is the subject of a referring order.
(sec.37-ssec.8) To remove any doubt, it is declared that the Act that applies to the disclosure of information about a dispute that is the subject of a referring order is the Act under which the referring order is made.
(sec.37-ssec.9) In this section— relevant person means a person who is or has been any of the following— a mediator; a director; a member of the staff of a dispute resolution centre; a person making an evaluation under section 34 , as in force at any time before its repeal; a person carrying out research for, or with the approval of, a director.
(a) with the consent of the person from whom the information was obtained;
(b) in connection with the administration or execution of this Act;
(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;
(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, a director;
(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.
(a) the fact that a dispute resolution process has taken place; and
(b) whether an agreement was reached as a result of that process.
(a) tell the parties of his or her intention to make the disclosure; and
(b) allow the parties a reasonable time, not less than 5 days, to make written representations to the director about the disclosure; and
(c) have regard to the representations.
(a) a mediator;
(b) a director;
(c) a member of the staff of a dispute resolution centre;
(d) a person making an evaluation under section 34 , as in force at any time before its repeal;
(e) a person carrying out research for, or with the approval of, a director.
sec.38
Power to accept appointment
sec.38 Power to accept appointment
Where, by or under any Act, provision is made requiring the whole of the time of the holder of a specified office to be devoted to the duties of that office or prohibiting the holder of a specified office from engaging in employment outside the duties of that office, the provision does not operate to disqualify a holder of that office from—
holding that office and also the office of a mediator; or
keeping remuneration payable to the holder as a mediator.
The office of a mediator is not, for the purposes of any Act an office or place of profit under the Crown.
s 38 amd 2013 No. 35 s 56
(sec.38-ssec.1) Where, by or under any Act, provision is made requiring the whole of the time of the holder of a specified office to be devoted to the duties of that office or prohibiting the holder of a specified office from engaging in employment outside the duties of that office, the provision does not operate to disqualify a holder of that office from— holding that office and also the office of a mediator; or keeping remuneration payable to the holder as a mediator.
(sec.38-ssec.2) The office of a mediator is not, for the purposes of any Act an office or place of profit under the Crown.
(a) holding that office and also the office of a mediator; or
(b) keeping remuneration payable to the holder as a mediator.
sec.39
Annual report on operation of Act
sec.39 Annual report on operation of Act
The department’s annual report for a financial year must include a report about the operation of this Act during the year.
s 39 sub 1996 No. 79 s 29
sec.40
Proceedings
sec.40 Proceedings
A person who commits an offence against this Act may be prosecuted in a summary way under the Justices Act 1886 on the complaint of an officer of the department authorised generally or in a particular case by the Minister.
The identity of the complainant and the complainant’s authority to lay the complaint, as stated in the complaint, is to be presumed in the absence of evidence to the contrary.
s 40 amd 2007 No. 37 s 48
(sec.40-ssec.1) A person who commits an offence against this Act may be prosecuted in a summary way under the Justices Act 1886 on the complaint of an officer of the department authorised generally or in a particular case by the Minister.
(sec.40-ssec.2) The identity of the complainant and the complainant’s authority to lay the complaint, as stated in the complaint, is to be presumed in the absence of evidence to the contrary.
sec.41
Regulation-making power
sec.41 Regulation-making power
The Governor in Council may make regulations under this Act.
Without limiting subsection (1) , a regulation may prescribe the fees payable for commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public.
s 41 sub 2008 No. 59 s 35
(sec.41-ssec.1) The Governor in Council may make regulations under this Act.
(sec.41-ssec.2) Without limiting subsection (1) , a regulation may prescribe the fees payable for commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public.
pt.6
Transitional provisions
Transitional provisions
pt.6-div.1
Justice and Other Legislation Amendment Act 2008
Justice and Other Legislation Amendment Act 2008
sec.42
Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 9
sec.42 Transitional provision for Justice and Other Legislation Amendment Act 2008 , pt 9
This section applies if, immediately before the commencement, a person was accredited under section 19 as a mediator for a dispute resolution centre.
The person continues to be a mediator until the end of 12 months after the commencement.
In this section—
commencement means the commencement of this section.
s 42 prev s 42 ins 1997 No. 38 s 38
exp 1 November 1997 (see s 42(2))
pres s 42 ins 2008 No. 59 s 35
(sec.42-ssec.1) This section applies if, immediately before the commencement, a person was accredited under section 19 as a mediator for a dispute resolution centre.
(sec.42-ssec.2) The person continues to be a mediator until the end of 12 months after the commencement.
(sec.42-ssec.3) In this section— commencement means the commencement of this section.
pt.6-div.2
Justice and Other Legislation Amendment Act 2013
Justice and Other Legislation Amendment Act 2013
sec.43
Continuation of obligations about disclosure of information
sec.43 Continuation of obligations about disclosure of information
Section 37, as in force immediately before the commencement of this section, continues to apply to each member of the former council, despite the amendment of that section by the Justice and Other Legislation Amendment Act 2013 .
In this section—
former council means the council established under part 2, division 1 as in force before the commencement of this section.
s 43 ins 2013 No. 35 s 59
(sec.43-ssec.1) Section 37, as in force immediately before the commencement of this section, continues to apply to each member of the former council, despite the amendment of that section by the Justice and Other Legislation Amendment Act 2013 .
(sec.43-ssec.2) In this section— former council means the council established under part 2, division 1 as in force before the commencement of this section.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Dispute Resolution Centres Act 1990 .
sec.2 Interpretation
sec.2 Interpretation
In this Act—
agency means a department or local government, and includes part of an agency.
s 2 def agency ins 1997 No. 38 s 17
council ...
s 2 def council om 2013 No. 35 s 46 (1)
department ...
s 2 def department om R2 (see RA s 39)
director means a person holding office or duly acting as director of a dispute resolution centre.
dispute resolution centre means a dispute resolution centre established under this Act.
functions includes powers, authorities and duties.
mediation includes—
the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and
the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and
the follow-up of any matter the subject of any such discussion or settlement.
mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter.
mediator , in relation to a dispute resolution centre, means—
the director of the centre; or
a person appointed under section 27AB as a mediator for the centre.
s 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2)
member ...
s 2 def member om 2013 No. 35 s 46 (1)
Minister ...
s 2 def Minister om R2 (see RA s 39)
QCAT principal registrar means the principal registrar under the QCAT Act .
s 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1)
Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended.
referring order means an order referring a dispute for mediation made by—
the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or
QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or
the Planning and Environment Court under the Planning and Environment Court Act 2016 .
s 2 def referring order ins 1997 No. 38 s 17
amd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2)
sub 2011 No. 45 s 217 sch 1A
amd 2019 No. 11 s 231 s ch 1 pt 2
A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.
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.
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.
(sec.2-ssec.1) In this Act— agency means a department or local government, and includes part of an agency. s 2 def agency ins 1997 No. 38 s 17 council ... s 2 def council om 2013 No. 35 s 46 (1) department ... s 2 def department om R2 (see RA s 39) director means a person holding office or duly acting as director of a dispute resolution centre. dispute resolution centre means a dispute resolution centre established under this Act. functions includes powers, authorities and duties. mediation includes— the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and the follow-up of any matter the subject of any such discussion or settlement. mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter. mediator , in relation to a dispute resolution centre, means— the director of the centre; or a person appointed under section 27AB as a mediator for the centre. s 2 def mediator amd 2008 No. 59 s 32 ; 2013 No. 35 s 46 (2) member ... s 2 def member om 2013 No. 35 s 46 (1) Minister ... s 2 def Minister om R2 (see RA s 39) QCAT principal registrar means the principal registrar under the QCAT Act . s 2 def QCAT principal registrar ins 2009 No. 24 s 1426 (1) Queensland Council of Social Service Inc. means the body by that name incorporated on 15 December 1986 under the Associations Incorporation Act 1981 as amended. referring order means an order referring a dispute for mediation made by— the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or the Planning and Environment Court under the Planning and Environment Court Act 2016 . s 2 def referring order ins 1997 No. 38 s 17 amd 1999 No. 19 s 3 sch ; 2004 No. 43 s 3 sch ; 2009 No. 24 s 1426 (2) sub 2011 No. 45 s 217 sch 1A amd 2019 No. 11 s 231 s ch 1 pt 2
(sec.2-ssec.2) A reference in this Act to the discharge of a function includes, where the function is a duty, a reference to the performance of the duty.
(sec.2-ssec.3) A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session.
(sec.2-ssec.4) A reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.
Provides privilege and exclusion rules: communications and documents used in mediation attract a privilege comparable to defamation privilege and are inadmissible in proceedings, subject to specific exceptions; evidence of anything said or admissions made during mediation is inadmissible, and documents prepared for mediation are not admissible, save where all persons consent or certain disclosure exceptions apply (s 36).
Imposes secrecy and limited disclosure rules on mediators and other “relevant persons”, allowing disclosure only in specified circumstances (consent, administration of the Act, danger prevention, referral purposes with consent, de-identified research, or statutory requirement), and prescribes a penalty where disclosure is unauthorised (s 37).
Reserves particular statutory interactions: where a dispute is the subject of a referring order from a court, tribunal or QCAT, the part of this Act dealing with mediation does not apply and the mediation is governed by the Act under which the referring order was made (s 27A; definition of referring order in s 2).
Provides immunity from civil liability for mediators, directors and staff acting in good faith in executing the Act, and specific protection for police or others who reasonably refrain from charging or prosecuting because a dispute was referred to mediation (s 35).
Limits use of the words “dispute resolution centre” or “DRC” to centres established under this Act or with ministerial consent, making unauthorised use an offence (s 27).
Enables the Governor in Council to make regulations, including prescribing fees for commercial services provided by centres (s 41).
Requires the department’s annual report to include a report on the operation of the Act (s 39), and provides mechanisms for summary prosecution of offences under the Act (s 40).
Those are the mechanical outputs of the Act as textually set out. The Act repeatedly allocates discretion to executive officers (chief executive, director) for recruitment, admission of disputes, procedure and limited disclosure, while establishing statutory protections for confidentiality and immunity, and preserving the voluntary character and non‑enforceability of mediated agreements unless the parties opt into enforceability in writing (ss 27AB; 28; 29; 31; 36-37).
Main concepts
The Act’s core concepts, as defined and employed in the text, are mediation, mediator, dispute resolution centre, director, mediation session, referring order and relevant person. Each concept carries operational consequences that determine who may act, what content is protected, and which statutory regime applies.
Mediation: defined broadly as undertaking activities to promote discussion and settlement of disputes, bringing parties together either at a party’s request or at a director’s initiative, and following up matters resulting from discussions or settlements (s 2). The definition covers pre‑litigation negotiation, facilitated settlement discussions and post‑session follow-up, indicating the Act’s functional coverage is not limited to a narrow model of assisted negotiation (s 2).
Mediation session: a meeting in accordance with the Act between two or more parties in dispute (s 2). The Act specifies that sessions are to be informal and expeditious, rule out rules of evidence and prohibit adjudication or arbitration within a session (s 29(2)-(4)). Sessions are private (s 29(5)).
Dispute resolution centre: an entity established under the Act for the purpose of providing mediation services (s 22). Premises must be gazetted (s 23), and centres must operate as part of the department (s 26). The Act restricts use of the words “dispute resolution centre” or “DRC” to centres established under the Act or with ministerial consent (s 27).
Mediator: in relation to a centre, the director or a person appointed by the chief executive under s 27AB (s 2). Appointment criteria require knowledge, experience or skills relevant to a mediator’s functions; the chief executive must take into account social, gender and cultural diversity in appointments. Mediators may be paid remuneration and allowances as decided by the chief executive and are appointed under this Act rather than under the Public Sector Act 2022 (s 27AB).
Director: the statutory head of each centre; there is to be a director for each centre and the same person may be director of more than one (s 27AA). The director is responsible for provision of mediation services and operation of the centre, decides procedures, classes of disputes to accept or exclude and grants consent to accept disputes, assigns mediators, and can authorise staff to exercise director functions (ss 28-30; 27AD).
Referring order: an order made by specified courts or QCAT referring a dispute for mediation; where a dispute is subject to a referring order, most parts of the Act do not apply and the Act under which the referring order is made governs (s 2 definition; s 27A). The Act explicitly lists the Supreme, District and Magistrates Courts under the Civil Proceedings Act 2011, QCAT (and QCAT principal registrar) under the QCAT Act, and the Planning and Environment Court under its Act as referring courts/tribunals (s 2).
Relevant person: used in secrecy provisions to capture mediators, directors, staff, evaluators (where applicable before repeal) and persons carrying out research for or with a director’s approval; such persons are subject to disclosure limits and penal sanction for unauthorised disclosure (s 37(9)).
Operational doctrines embedded in these concepts:
Voluntariness and non‑enforceability: attendance is voluntary and agreements are not enforceable unless parties agree in writing (s 31).
Confidentiality/privilege: communications, admissions and mediation documents are generally inadmissible and attract privilege comparable to defamation privilege, with enumerated exceptions and a separate secrecy regime for relevant persons (ss 36-37).
Executive discretion: multiple gating powers rest with the director and the chief executive: centre establishment/premises (Governor in Council; ss 22-24), appointment and remuneration of mediators (chief executive; s 27AB), acceptance of disputes (director; s 28(5)), procedures and classes of acceptable disputes (director; ss 29-30), and limited disclosure to agencies or courts after procedural notice to parties (director; s 37(4)-(6)).
Statutory immunities: good‑faith acts under the Act attract immunity from civil action (s 35).
Those main concepts define the Act’s institutional architecture: publicly established, department‑integrated centres, executive appointment of mediators, director-led intake and procedural control, a confidentiality/privilege regime that shields mediation communications from admissibility in other processes, and a voluntary, consent-based enforceability regime for outcomes.
Who it affects
The Act creates duties, powers and protections that affect several defined groups and institutions. The principal affected stakeholders are:
Parties to disputes: natural persons, corporations and bodies may apply to or be referred to a dispute resolution centre for mediation. Participation is voluntary (s 31), and any party can withdraw at any time (s 31(2)). Parties’ decisions about disclosure, enforceability of agreements and consent to disclosure are central to how the regime operates (ss 31; 36-37).
Mediators: the director and persons appointed under s 27AB are mediators. They must take an oath or affirmation before beginning duties (s 37(1)); they are subject to secrecy obligations and penalties for unauthorised disclosures (s 37(2)-(3)); and they have statutory immunity for acts done in good faith in executing the Act (s 35(1)).
Directors and centre staff: directors administer centres, decide procedures, determine classes of disputes and consent to mediation intake (ss 28-30); directors and staff employed under the Public Sector Act 2022 (s 27AC) are exonerated from civil liability for good‑faith acts under the Act (s 35(1)); directors may authorise staff to perform many director functions (s 27AD).
The chief executive: the chief executive appoints mediators, imposes conditions on appointment, determines remuneration and must consider diversity in appointments (s 27AB). That centralises appointment and remuneration decisions in the departmental executive.
Government departments and the Minister: centres are parts of a department and subject to public sector law (s 26). The Minister controls consent for use of the name “dispute resolution centre” outside centres established under the Act (s 27(1)(b)). An authorised officer of the department may lay complaints for summary prosecution of offences under the Act (s 40).
Courts, tribunals and registrars issuing referring orders: the Act recognises referring orders made by courts (Civil Proceedings Act 2011 s 43(3)), QCAT or its principal registrar (QCAT Act s 75), and the Planning and Environment Court; disputes subject to such referring orders are governed by the Act under which the referring order is made (s 2; s 27A).
Police and other public officers: the Act grants protection from liability for reasonable failure to charge or proceed where such failure is caused by reference of the dispute to mediation and the failure is reasonable in all the circumstances (s 35(2)-(3)), subject to exception for domestic violence offences.
Corporations and representative agents: s 33 constrains a party’s entitlement to be represented by an agent unless the director approves, but it expressly allows certain corporate representatives to appear without separate approval (officer of a corporation, proprietor for building units corporation, member for certain body corporate schemes, or an agent appointed by the corporation) (s 33(2)).
Researchers and evaluators: the Act permits de‑identified research disclosures subject to director approval and protects persons carrying out research with approval as “relevant persons” under secrecy rules (s 37(2)(e); s 37(9)). An earlier evaluation role (s 34) referenced in the transitional provisions has been repealed; transitional treatment of those functions is recorded at s 43.
Indirectly affected groups and systems:
Parties to court proceedings that might be referred for mediation: where the court issues a referring order, the Act disapplies much of Part 4 and cedes governance to the originating Act (s 27A).
Private mediation providers: the Act reserves use of the specific name “dispute resolution centre” and “DRC” to centres established under the Act (s 27), but does not otherwise regulate private mediation services; the Governor in Council may prescribe fees for commercial services provided by a dispute resolution centre other than to a member of the public, potentially affecting market interactions for commercial clients (s 41(2)).
Who pays and who decides:
The chief executive decides appointment, terms and payment of mediators (s 27AB).
The director decides intake, procedure and assignment of mediators, and may disclose limited information following party notice (ss 28-30; s 37(4)-(6)).
The Governor in Council decides gazetted premises and may make regulations including fees (ss 23; 41).
The department bears reporting obligations in its annual report on the operation of the Act (s 39).
The Act therefore touches private litigants, public officers, departmental executives and courts; it allocates decision‑making authority centrally to chief executives and directors and imposes regulated confidentiality and non‑enforceability principles that shape incentives for parties and public officers.
Key duties and rights
The Act establishes a set of operational duties for public officers and corresponding rights for parties and participants. These duties and rights are statutory rather than contractual.
Key duties and powers of public officers:
Governor in Council: may determine premises for centres by gazette notice (s 23) and make regulations, including prescribing fees for commercial services (s 41).
Chief executive: must appoint mediators under s 27AB, applying eligibility criteria (knowledge, experience or skills) and taking into account the desirability of reflecting social, gender and cultural diversity. The chief executive may impose conditions on appointments and determine remuneration and allowances for mediators (s 27AB(1)-(6)).
Director of each centre: responsible for provision of mediation services, operation and management of the centre (s 28(1)). Specific duties and powers include:
Assigning mediators to conduct each mediation session (s 28(2)).
Where appointed as mediator under a referring order, assigning qualified mediators to conduct the mediation and having those mediators taken as the court-appointed mediator (s 28(3)-(4)).
Consenting to the acceptance of disputes for mediation under this Act; no dispute may be accepted without the director’s consent (s 28(5)).
Determining the procedure for commencing and conducting mediation sessions and conducting sessions with minimal formality and technicality, as promptly as possible (s 29(1)-(2)).
Deciding, for the centre, classes of disputes that may or may not be subject to mediation (s 30(1)).
Authorising staff to discharge the director’s functions (s 27AD) and revoking such authorisations as appropriate.
Making limited disclosures to agencies or courts about the fact mediation took place and whether agreement was reached, after notifying parties and allowing representations (s 37(4)-(6)).
Staff authorised by director: may exercise delegated director functions, with any act done in delegated authority having the same effect as if done by the director (s 27AD(5)).
Rights and duties of parties:
Voluntary participation: attendance and participation in mediation sessions are voluntary and parties may withdraw at any time (s 31(1)-(2)).
Right to be represented only with director approval: parties are not entitled to be represented by an agent unless the director approves (s 33(1)). However, where corporations are parties, certain internal representatives may represent without separate approval (s 33(2)). Director approvals can be conditioned to avoid substantial disadvantage to other parties (s 33(3)).
Legal effect of mediated agreements: agreements reached at mediation are not enforceable in any court, tribunal or body unless the parties agree in writing that the agreement is to be enforceable (s 31(3)).
Confidentiality protections: parties have the benefit of privilege and inadmissibility protections for communications and documents related to mediation sessions, subject to exceptions (s 36).
Entitlement to notice and representations regarding disclosure by director: where the director intends to disclose to an agency or court that mediation occurred and whether agreement was reached, the director must notify the parties and give at least five days for written representations and have regard to those representations (s 37(5)).
Protections and immunities:
Exoneration from liability for mediators, directors and staff acting in good faith in executing the Act; the Act bars civil actions, claims or demands against them for such acts or omissions (s 35(1)).
Police and other officers are not liable to be proceeded against for reasonable failures to charge or proceed with prosecutions where the failure is made by reason of reference to mediation or an agreement resulting from mediation, except for domestic violence offences (s 35(2)-(3)).
Privilege and inadmissibility: evidence of anything said or any admission made in a mediation session is not admissible in any proceedings before courts, tribunals or bodies, and mediation documents are not admissible, subject to consent and specified disclosure exceptions (s 36(4)-(6)).
Offences and penalties affecting duties/rights:
Unauthorised use of the words “dispute resolution centre” or “DRC”, or holding out something as a dispute resolution centre, is an offence with a maximum penalty of 15 penalty units (s 27(3)-(4)).
Unauthorised disclosure of information obtained in connection with the Act by a relevant person is an offence subject to a maximum penalty of 15 penalty units (s 37(3)).
Summary prosecution of offences under the Act may be commenced on complaint of an authorised departmental officer under the Justices Act 1886; the identity and authority of the complainant are presumed in the absence of evidence to the contrary (s 40).
Administrative obligations:
Director must ensure sessions are private unless the director permits non‑parties to attend or participate (s 29(5)).
Mediators must take an oath or affirmation in the forms in schedule 1 or schedule 2 before commencing duties (s 37(1)).
Departments must include a report about the operation of the Act in their annual report for each financial year (s 39).
These duties and rights create a structure where the department, via the chief executive and director, controls intake, personnel and procedure, while parties retain the right to participate voluntarily and to control enforceability and certain disclosures.
Penalties and enforcement
Enforcement under the Act proceeds largely by summary proceedings and administrative mechanisms rather than by civil private rights of action. The Act specifies a limited set of criminal or quasi-criminal offences, prescribes penalties expressed in penalty units, and provides procedural arrangements for prosecution and presumptions.
Statutory offences and penalties:
Unauthorised use or holding out as a “dispute resolution centre” or use of the letters “DRC” (or substantially similar words or matter) is an offence, punishable by a maximum penalty of 15 penalty units (s 27(3)-(4)). The Act preserves a defence where the usage or holding out was established before the commencement of the section (s 27(4)).
Unauthorised disclosure of information obtained in connection with the administration of the Act by a “relevant person” is an offence, with a maximum penalty of 15 penalty units (s 37(3)). The secrecy offence applies to disclosures not authorised under the limited circumstances in s 37(2).
Enforcement mechanisms:
Summary prosecution: a person who commits an offence under the Act may be prosecuted in a summary way under the Justices Act 1886 on the complaint of an officer of the department authorised generally or in a particular case by the Minister (s 40(1)). The Act creates a presumption in favour of the complainant’s identity and authority as stated in the complaint, unless contrary evidence is produced (s 40(2)). This centralises prosecutorial initiation within the department and relies on summary criminal procedure rather than civil remedies.
Administrative enforcement: the chief executive and director exercise gatekeeping powers , appointment, consent to accept disputes, termination of sessions, imposition of conditions on agents, and authorised limited disclosure , which operate as administrative levers to manage compliance and to sanction via denial of access rather than penal sanction. For instance, the director may decline to consent to acceptance of any dispute for mediation (s 32(1)), and may terminate a mediation session at any time (s 32(2)), functions that are administrative rather than criminal.
Immunities and constraints on liability: the Act prevents civil claims against mediators, directors and staff for acts or omissions done in good faith in executing the Act (s 35(1)). That immunity limits private enforcement remedies against centre personnel for ordinary conduct unless bad faith or other non‑covered behaviours are alleged and proved under other laws.
Exceptions for criminal prosecutions and disclosure: the Act recognises that mediation does not indefinitely prevent law enforcement action. Subsection 35(4) clarifies that the Act does not prevent a charge from being laid, proceedings from being instituted or evidence being offered at any time, despite the protections in s 35(2). Similarly, the secrecy and privilege protections in ss 36-37 contain express exceptions (consent, required disclosures under law, or disclosures necessary to prevent injury or property damage), and s 36 explicitly excludes disputes under a referring order from the privilege scheme in this Act (s 36(7)-(8)).
Procedural protections for parties:
Where a director intends to disclose to an agency or court that mediation occurred and whether an agreement was reached, the director must tell the parties, allow at least five days for written representations, and have regard to those representations before disclosing (s 37(5)). This is a procedural check built into the limited disclosure power.
Scope limits on enforcement tools:
The Act does not create an enforceable private remedy to compel mediation, as mediation is voluntary (s 31). Nor does the Act make mediation agreements enforceable unless the parties expressly agree in writing (s 31(3)). Thus the Act provides limited direct coercive enforcement; its enforcement architecture is administrative plus summary criminal sanctions for narrow offences.
Practical enforcement consequences:
Most operational compliance will therefore be secured by the department through administrative controls (appointment, consent, termination, conditions on representation), confidentiality practices and the prospect of summary prosecution in selected cases (s 27; s 37; s 40). The Act’s immunities (s 35) also shape exposure for staff, and the privilege/inadmissibility rules (s 36) have direct evidentiary effects in litigation.
In short, enforcement under the Act relies on administrative gatekeeping by the director and chief executive, statutory confidentiality obligations backed by summary offences for unauthorised disclosure and use of the reserved name or letters, and limited prosecutorial procedure carried out by departmental officers under the Justices Act 1886.
How it interacts with other laws
The Act expressly links to several other statutes and institutional regimes. Those cross‑references determine which law governs where matters overlap, set employment status, and carve out exceptions for referring orders.
Principal cross‑references and interactions in the text:
Civil Proceedings Act 2011: the definition of referring order expressly names referring orders made by the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011, s 43(3). Where a dispute is the subject of a referring order, Part 4 of this Act (other than prescribed sections) does not apply and the Act under which the referring order is made governs mediation (s 27A; s 36(7)-(8); s 37(7)-(8)). That creates a conflict‑avoidance rule: court‑referred mediations follow the procedural and disclosure regime of the referring instrument rather than this Act.
QCAT Act: the definition of referring order includes orders of QCAT or the QCAT principal registrar under the QCAT Act, s 75 (s 2 definition). The Act also defines QCAT principal registrar (s 2). As with court referring orders, QCAT‑referred mediations are governed by the QCAT Act’s rules rather than this Act (s 27A).
Planning and Environment Court Act 2016: the Planning and Environment Court is listed as a referring court in the definition of referring order (s 2). Mediation referred by that court is governed by its governing Act, not this Act (s 27A).
Public Sector Act 2022: the Act states that dispute resolution centres are parts of the department and that nothing in this Act derogates from the operation of the Public Sector Act 2022 or any other Act so far as they apply to the department (s 26). It further specifies that the director and staff (other than s 27AB mediators) are employed under the Public Sector Act 2022 (s 27AC). This places employment conditions, disciplinary regimes and public sector obligations under the Public Sector Act 2022 for those staff.
Corporations Act and related body corporate statutes: s 33 allows certain corporate representatives to appear without director approval. It specifically references the Corporations Act for officers of corporations, the Building Units and Group Titles Act 1980 for proprietors in building units corporations, and the Body Corporate and Community Management Act 1997 for community titles schemes. Those references clarify who may represent corporate parties without separate director approval.
Domestic and Family Violence Protection Act 2012: in the exoneration provision protecting police or others from liability for reasonably failing to charge or proceed because of a referring order or mediation agreement, the Act explicitly excludes offences constituted wholly or partly by domestic violence as defined under the Domestic and Family Violence Protection Act 2012 from the protective effect (s 35(2)-(3)). This limits the effect of the Act where domestic violence offences are involved.
Justices Act 1886: sets the procedure for summary prosecution of offences under this Act; complaints for prosecution are brought under the Justices Act 1886 on the complaint of an authorised departmental officer (s 40).
Public records and research law: s 37(2)(e) allows disclosure without revealing identity for purposes of research carried out by or with the approval of a director, intersecting with any State law on research ethics, privacy or public records.
Regulation‑making power and fees: s 41 permits regulations under the Act and may prescribe fees for commercial services provided by a dispute resolution centre, other than commercial services provided to a member of the public. That interacts with broader financial and procurement rules applied within the department and could intersect with Commonwealth or State pricing and revenue rules.
Other statutory interactions and practical consequences:
Where courts refer disputes, the Act steps aside so that the originating Act governs mediation practice, privilege and disclosure. Practitioners must therefore identify whether a dispute is subject to a referring order and, if so, consult the referring Act rather than rely solely on this Act (s 27A; s 36(7)-(8); s 37(7)-(8)).
Employment and remuneration interactions: mediators appointed under s 27AB are appointed under this Act and not under the Public Sector Act 2022 (s 27AB(6)), whereas directors and staff are employed under that public sector law (s 27AC). This bifurcation affects employment rights and obligations.
Evidence law: s 36 creates statutory inadmissibility and privilege rules with exceptions; these must be reconciled with common law privilege and rules of evidence in courts and tribunals, subject to the Act’s carve‑outs.
Naming and trade practices: s 27 reserves the specific name/letters to statutory centres or ministerially authorised use, which could interact with trade mark, business name and misleading conduct rules in other statutes if issues arise.
The Act therefore operates as a specialised statutory regime for departmental mediation centres that is intentionally integrated with court referral systems, public sector employment law and evidence/confidentiality regimes, while reserving limited regulatory power (fees, naming) to the executive. Practitioners must take care to identify whether mediation arises under a referring order (where different law applies), to observe differences in employment status of mediators and staff, and to reconcile the Act’s privilege and secrecy rules with obligations in other statutes.
Amendment history
The text provided records multiple amendments and relocations across a span of years. The Act as presented includes amendment references in schedules and marginal notes. The following lists the amendments and legislative instruments cited in the source text, in approximate chronological order where dates are given in the Act fragments:
1994 No. 29 s 3 sch , referenced in marginal note to s 9 (s 9 amended 1994 No. 29 s 3 sch).
1996 No. 37 s 147 sch 2 , cited in relation to s 15 and employment references (s 27AC prev s 20 amendments; s 26 amendments).
1997 No. 38 , multiple references: s 2 definitions (ins 1997 No. 38 s 17), s 3 amendment (s 3 amd 1997 No. 38 s 18), s 4-11 and others omit/relocate references (om 1997 No. 38 s 19 etc.); s 22-28 amendments and relocations (s 23 amd 1997 No. 38 s 26; s 24 amd 1997 No. 38 s 27; s 27AA prev s 18 amd 1997 No. 38 s 24; s 27AB prev s 19 amd 1997 No. 38 s 25); s 27 amd 1997 No. 38 s 29; s 28 amd 1997 No. 38 s 31; s 29 amd 1997 No. 38 s 32; s 30 amd 1997 No. 38 s 33; s 31 amd 1997 No. 38 s 34; s 32 amd 1997 No. 38 s 35; transitional provisions s 42 prev s 42 ins 1997 No. 38 s 38 (expiring provision).
1999 No. 19 s 3 sch , amendment to definition of referring order (s 2 def referring order amd 1999 No. 19 s 3 sch).
2000 No. 16 s 590 sch 1 pt 2 , referenced in marginal note to s 9.
2001 No. 45 s 29 sch 3 , referenced under s 33 amendments.
2002 No. 6 s 53 sch 2 , amendment to s 35 (exoneration) (s 35 amd 2002 No. 6 s 53 sch 2).
2004 No. 43 s 3 sch , amendment to referring order definitions (s 2 def referring order amd 2004 No. 43 s 3 sch).
2007 No. 37 , multiple references: s 27 amd 2007 No. 37 s 46; s 37 amd 2007 No. 37 s 47; s 40 amd 2007 No. 37 s 48.
2008 No. 59 s 32-35 , amendments and relocations: s 2 mediator definition changed (s 2 def mediator amd 2008 No. 59 s 32); s 27AB substitute (sub 2008 No. 59 s 34); s 41 sub 2008 No. 59 s 35; transitional provision s 42 pres s 42 ins 2008 No. 59 s 35.
2009 No. 24 s 1426(1) and (2) , insertion of QCAT principal registrar definition and amendments to referring order (s 2 def QCAT principal registrar ins 2009 No. 24 s 1426(1); s 2 referring order amd 2009 No. 24 s 1426(2)).
2013 No. 35 , widespread relocations and amendments: definitions, removal/omission of multiple sections (annotations such as om 2013 No. 35 s 48 throughout); relocation and renumbering of director/mediator provisions (reloc and renum 2013 No. 35 s 50); s 27AC and other sections amended at s 53 and s 54; s 37 amd 2013 No. 35 s 55; s 38 amd 2013 No. 35 s 56; transitional provision s 43 ins 2013 No. 35 s 59 concerning disclosure obligations of former council members.
2016 No. 51 s 73 sch 1 , s 35 amendment referenced (s 35 amd 2016 No. 51 s 73 sch 1).
2019 No. 11 s 231 sch 1 pt 2 , referenced in definition of referring order amendment (s 2 def referring order amd 2019 No. 11 s 231 sch 1 pt 2).
2022 No. 34 s 365 sch 3 , updates noting centres operate as parts of the department and cross references to Public Sector Act 2022; s 27AB amendment note that mediator is appointed under this Act and not the Public Sector Act 2022 (s 26 amd 2022 No. 34 s 365 sch 3; s 27AB amd 2022 No. 34 s 365 sch 3; s 27AC amd 2022 No. 34 s 365 sch 3).
Transitional provisions recorded in the Act:
s 42 , transitional provision tied to the Justice and Other Legislation Amendment Act 2008: persons accredited under former s 19 continued to be mediators for 12 months after commencement (s 42 as inserted 1997 No. 38 s 38; pres s 42 ins 2008 No. 59 s 35).
s 43 , transitional provision tied to the Justice and Other Legislation Amendment Act 2013: section 37 as in force immediately before commencement continued to apply to each member of the former council (s 43 ins 2013 No. 35 s 59).
The Act’s marginal notes and amendment markers show iterative statutory housekeeping, relocations, and targeted changes over decades. Key patterns are:
the Act has been updated to account for the creation and operation of QCAT (2009), the Public Sector Act 2022 (2022), and to rationalise mediator appointment and employment arrangements (2008, 2013).
the secrecy, privilege and disclosure provisions were revisited at various points (2002, 2007, 2013) and transitional arrangements were included to preserve continuity for previously accredited mediators and former council members.
This summary reproduces only the amendment references present in the provided text; it does not attempt to reconstruct the full legislative history beyond those notations.
Litigation history
The provided text of the Act does not name or cite any judicial decisions, proceedings or authoritative case law applying or interpreting the Act. There are no cases listed in the source material. The Act itself references courts and tribunals only to the extent of defining referring orders (Supreme Court, District Court, Magistrates Court under the Civil Proceedings Act 2011; QCAT and QCAT principal registrar under the QCAT Act; Planning and Environment Court under its Act) (s 2 definition; s 27A). It also prescribes evidentiary and privilege rules that will operate in litigation by rendering mediation communications and documents inadmissible except in enumerated circumstances (s 36).
Given the absence of named litigation or appellate authority in the source text, practitioners should treat the Act’s provisions as the express statutory framework that will interact with evidence law, privilege doctrines and court practice. Specific points where litigation is likely to test the Act include:
the scope and limits of the privilege and inadmissibility provisions in s 36, particularly conflicts between statutory inadmissibility and statutory disclosure obligations under other laws;
the scope of the secrecy offence in s 37 and whether particular disclosures fall within permitted exceptions (consent; prevention of injury; referrals; de‑identified research; legal requirements);
the interplay between referring orders made by courts and QCAT and the respective procedural regimes (s 27A), for example where the Act’s protections differ from those in the referring Act;
administrative law challenges to director decisions to decline mediation, to terminate sessions or to condition representation under s 33, given those are discretionary acts by public officers.
Because the source contains no reported judicial interpretation, readers should search contemporary case law databases for judicial treatment of the Dispute Resolution Centres Act 1990 (or its equivalents in the relevant jurisdiction) to identify how courts have interpreted s 36 privilege provisions, s 37 secrecy and disclosure exceptions, director discretion, and the relationship with referring orders. The Act’s own text makes clear where legal issues will arise (ss 27A; 31; 36-37; 28-33).
Gotchas
The Act contains several provisions where operational mechanics and statutory exceptions create practical risks or traps for practitioners and administrators. These are concrete mechanisms spelled out in the Act; awareness is required to avoid unintended consequences.
Director consent is required before a dispute may be accepted for mediation (s 28(5)). Practically, this means access to mediation is gatekept by the director. Parties or lawyers assuming automatic admission may be disappointed; the director may also set classes of disputes that will not be accepted by the centre (s 30(1)). Administrative backlog or inconsistent exercise of consent may affect access.
Where courts or tribunals issue referring orders, the Act largely disapplies Part 4 and states that the Act under which the referring order is made governs the mediation (s 27A; s 36(7)-(8); s 37(7)-(8)). Practitioners must identify whether a referral exists and apply the correct statutory regime. Reliance on the wrong regime may lead to missteps concerning admissibility, disclosure, or procedure.
Voluntary nature and non‑enforceability of agreements: mediated agreements are not enforceable unless parties agree in writing that the agreement is to be enforceable (s 31(3)). Parties assuming a mediated settlement is immediately enforceable must obtain the required written agreement; otherwise remedies must be pursued through conventional litigation.
Confidentiality and privilege exceptions: though s 36 broadly excludes mediation evidence and documents from admissibility, s 36(6) lists exceptions, including where all persons in attendance consent or where disclosure has been made under s 37(2)(c) concerning acts or omissions. Additionally, s 37 permits disclosure in specified circumstances (e.g., to prevent injury or for referral purposes). Practitioners should not assume absolute confidentiality; they must secure consents and manage disclosure processes carefully.
Secrecy offence and limited exceptions: relevant persons face a 15 penalty unit offence for unauthorised disclosure (s 37(3)). The statutory permitted exceptions require careful factual fit: consent of the source, disclosures necessary for administration of the Act, reasonable grounds to prevent injury or property damage, disclosures for referral with party consent, de‑identified research with director approval, or in compliance with legal requirements other than subpoenas (s 37(2)). Administrative staff and mediators need clear policies to avoid inadvertent disclosure.
Director power to disclose that mediation took place and whether an agreement was reached is limited but present; the director must provide parties notice, at least five days to make written representations and must have regard to those representations (s 37(4)-(6)). Failure to follow those steps before disclosure could be procedurally challenged and breach party rights.
Delegation and substitution of mediators in court-referred mediations: where the director is appointed as mediator under a referring order, the director may assign other mediators to conduct the mediation and those assigned mediators are taken to be the mediator appointed under the referring order (s 28(3)-(4)). Parties expecting a particular court‑appointed mediator may find a different individual conducting the session, and the Act treats the substitute as having been court‑appointed.
Representation by agents is tightly controlled: a party is not entitled to an agent unless the director approves (s 33(1)). Corporations have specified exceptions permitting officers or proprietors to represent, but other agents require director approval and may be subject to conditions to avoid substantial disadvantage to other parties (s 33(2)-(3)). Legal advisers should secure director approval in advance for agent representation.
Naming restriction: use of “dispute resolution centre” or “DRC” is restricted and carries a maximum penalty of 15 penalty units (s 27(3)). Entities using similar names should check whether their usage pre‑dates the section or secure ministerial consent (s 27(4) defence).
Employment status asymmetry: mediators appointed under s 27AB are appointed under this Act and not under the Public Sector Act 2022 (s 27AB(6)), whereas directors and staff are employed under that public sector Act (s 27AC). This split may affect employment rights, disciplinary procedures and obligations; practitioners should not assume mediators have the same employment status or protections as other staff.
Police and prosecution interactions: s 35 protects police or other officers from liability for reasonable failures to charge where a dispute was referred to mediation and the failure is reasonable in all circumstances, but excludes domestic violence offences (s 35(2)-(3)). Those assessing the decision to defer criminal action in favour of mediation must note the exclusion and cannot rely on s 35 protection where domestic violence offences are involved.
Research and de‑identification: s 37(2)(e) allows disclosure where identity is not revealed and the disclosure is reasonably required for approved research. Research projects must secure director approval and ensure de‑identification standards, and staff should have processes to document approvals to avoid secrecy‑offence exposure.
These are not judicial criticisms but concrete statutory mechanics: director consent, disclosure exceptions, representation controls, naming restrictions, employment status differences and procedural notice requirements. Practitioners and administrators should document decisions, consents and representations carefully to comply with the Act’s procedural constraints and to avoid criminal or administrative exposure.
How to comply
This section sets out practical, source‑grounded steps for departmental officials, mediators, parties, and their advisers to stay within the Act’s requirements. Each step cites the relevant statutory provision.
Centre establishment and premises
Ensure any dispute resolution centre is established by gazette notice as required (ss 22-23). Do not operate a centre described as a “dispute resolution centre” unless gazetted or ministerially consented; unauthorised use of the name or “DRC” is an offence (s 27(1)-(3)).
Record the principal office in the gazette notice; allow directors to approve other places of activity and document approvals (s 24).
Employment and appointment procedures
Chief executives must document mediator appointments under s 27AB, ensuring applicants meet eligibility criteria (knowledge, experience or skills) and that appointee selection takes into account social, gender and cultural diversity (s 27AB(1)-(3)). Record the conditions of appointment and remuneration allowances decided by the chief executive (s 27AB(4)-(5)).
Ensure mediators take the statutory oath or affirmation before commencing functions (s 37(1)); maintain records of oaths/affirmations in the forms in schedules 1 and 2.
Employ directors and staff (other than s 27AB mediators) under the Public Sector Act 2022 and maintain compliance with that Act’s employment obligations (s 27AC; s 26).
Operational governance and delegation
The director should adopt written procedures governing intake, mediation conduct and assignment of mediators, consistent with statutory duties to conduct sessions with as little formality and as much expedition as possible (s 29(1)-(2)).
Implement and publish (internally) criteria the director will use for consenting to accept disputes, and for classes of disputes not to be accepted, to promote transparency and reduce arbitrary decision‑making (s 28(5); s 30(1)).
Use formal delegated‑authority instruments for staff authorised under s 27AD, set conditions or limitations on delegation, and retain records showing delegations and any revocations as the Act requires that acts by authorised staff have the same effect as if done by the director (s 27AD(1)-(6)).
Intake, consent and representation
Before accepting a dispute, obtain written consent from the director (s 28(5)). Document reasons for refusal where disputes are declined to create an auditable record (s 32(1)).
For parties seeking agent representation, prepare an application for director approval demonstrating how the agent will facilitate mediation and the agent’s knowledge of the matter in dispute; be ready for the director to impose conditions to avoid substantial disadvantage to other parties (s 33(1), (3)).
Where corporations are parties, confirm whether an officer, proprietor or member may represent the corporation without additional approval under s 33(2) and document the basis.
Confidentiality, privilege and disclosures
Implement confidentiality policies aligned with s 36 and s 37. Train mediators and staff on the scope of privilege (s 36(2)-(6)) and on permitted disclosures under s 37(2). Emphasise the criminal penalty for unauthorised disclosure (s 37(3)).
Obtain written consents from parties where disclosure may be desirable (e.g., to refer to another agency or to allow limited admission of evidence). Where the director contemplates disclosure to an agency or court about whether mediation occurred and whether agreement was reached, provide the parties with notice and a minimum five days for written representations and retain those representations and the director’s reasons (s 37(4)-(6)).
For research projects, obtain director approval and ensure disclosures are de‑identified so identities are not revealed (s 37(2)(e)).
Mediation process and records
Conduct sessions in private unless the director expressly permits non‑parties to attend (s 29(5)); keep contemporaneous records of attendance and any permissions granted.
Ensure mediators do not adjudicate or arbitrate during sessions (s 29(4)). Train mediators to understand the limits of their role.
For sessions arising from referring orders, confirm which Act governs and follow the processes prescribed by the referring Act, not this Act, for privilege and disclosure (s 27A).
Agreements and enforceability
Advise parties that any agreement reached at a mediation is not enforceable unless the parties agree in writing that the agreement is to be enforceable; provide model written enforcement consent forms and file executed copies in centre records (s 31(3)).
Where parties request enforceability, ensure the written agreement clearly expresses consent to enforceability to satisfy s 31(3).
Reporting and regulatory compliance
Include an account of the operation of the Act in the department’s annual report each financial year, as required (s 39). Maintain data and internal reports to support the annual report.
Monitor the Governor in Council’s regulations under s 41 and implement fee schedules or commercial service changes consistent with any regulations that prescribe fees.
Handling police referrals and criminal issues
Where a dispute involves potential criminality, ensure police and centre staff are aware of s 35’s protection for reasonable decisions not to charge where the matter has been referred to mediation, but also of the exclusion for domestic violence offences (s 35(2)-(3)). Document the factual basis for any decision to defer criminal action in favour of mediation and obtain legal advice where domestic violence or other serious offences are implicated.
Naming and external communications
Do not use the words “dispute resolution centre” or the letters “DRC” in an organisation’s name or as a holding out device unless gazetted as a centre under the Act or with the Minister’s consent. Maintain records of ministerial consent where granted, and if an organisation’s pre‑existing name predates the relevant section, retain documentary proof to rely on the statutory defence (s 27(1)-(4)).
Prosecution and complaints
If conducting internal reviews of alleged statutory breaches, note that prosecutions under the Act are summary and must be commenced on the complaint of an authorised departmental officer (s 40). Keep clear internal records of authorisations to lay charges and the identity and authority of complainants to satisfy the presumption provisions in s 40(2).
Transitional and referring orders
Where dealing with mediators appointed under prior provisions or members of a former council, consult transitional provisions (ss 42, 43) to determine any continuing obligations or protections, particularly in relation to disclosure rules before amendments took effect.
In all cases, maintain auditable records of consents, notices, delegations, oaths/affirmations, representations, and any disclosures or refusals. That documentation will be material to demonstrating compliance with the Act’s procedural steps (s 27AB; ss 27AD; ss 37(4)-(6); s 39).
The steps above track the Act’s explicit requirements and are aimed at preventing inadvertent breaches of secrecy, missteps about enforceability of agreements, or administrative errors concerning intake and representation.
(a) the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes; and
(b) the bringing together of the parties to any dispute for that purpose, either at the request of 1 of the parties to the dispute or on the initiative of a director; and
(c) the follow-up of any matter the subject of any such discussion or settlement.
(a) the director of the centre; or
(b) a person appointed under section 27AB as a mediator for the centre.
(a) the Supreme Court, the District Court or a Magistrates Court under the Civil Proceedings Act 2011 , section 43 (3) ; or
(b) QCAT, or the QCAT principal registrar, under the QCAT Act , section 75 ; or
(c) the Planning and Environment Court under the Planning and Environment Court Act 2016 .
Section sec.3
s 3 amd 1997 No. 38 s 18
om 2013 No. 35 s 48
Section sec.4
s 4 om 1997 No. 38 s 19
Section sec.5
s 5 om 2013 No. 35 s 48
Section sec.6
s 6 sub 1997 No. 38 s 20
om 2013 No. 35 s 48
Section sec.7
s 7 om 2013 No. 35 s 48
Section sec.8
s 8 amd 1997 No. 38 s 21
om 2013 No. 35 s 48
Section sec.9
s 9 amd 1994 No. 29 s 3 sch ; 2000 No. 16 s 590 sch 1 pt 2
om 2013 No. 35 s 48
Section sec.10
s 10 amd 1997 No. 38 s 22
om 2013 No. 35 s 48
Section sec.11
s 11 amd 1997 No. 38 s 23
om 2013 No. 35 s 48
Section sec.12
s 12 om 2013 No. 35 s 48
Section sec.13
s 13 om 2013 No. 35 s 48
Section sec.14
s 14 om 2013 No. 35 s 48
Section sec.15
s 15 om 1996 No. 37 s 147 sch 2
Section sec.16
s 16 om 2013 No. 35 s 48
Section sec.17
s 17 om 2013 No. 35 s 48
pt.3 Dispute resolution centres
Dispute resolution centres
pt.3-div.1 Establishment and operation of dispute resolution centres
Establishment and operation of dispute resolution centres
sec.22 Establishment of dispute resolution centres
sec.22 Establishment of dispute resolution centres
Dispute resolution centres may be established and operated in accordance with this Act for the purpose of providing mediation services.
sec.23 Premises of dispute resolution centres
sec.23 Premises of dispute resolution centres
Dispute resolution centres may be established at such premises as the Governor in Council may determine by gazette notice.
s 23 amd 1997 No. 38 s 26
sec.24 Place of operation of dispute resolution centres
sec.24 Place of operation of dispute resolution centres
The principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .
The activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.
s 24 amd 1997 No. 38 s 27
(sec.24-ssec.1) The principal office of a dispute resolution centre is at the premises specified in relation to the centre in the gazette notice under section 23 .
(sec.24-ssec.2) The activities of a dispute resolution centre may be conducted at the principal office or at such other places as the director of the centre may approve from time to time.
Section sec.25
s 25 om 1997 No. 38 s 28
sec.26 Centres to be part of department
sec.26 Centres to be part of department
Dispute resolution centres are to operate within and as parts of the department, and nothing in this Act derogates from the operation of the provisions of the Public Sector Act 2022 , or any other Act so far as they apply to that department and any such part thereof.
s 26 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3
sec.27 Use of certain words
sec.27 Use of certain words
The words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner—
unless in either case it is in fact a dispute resolution centre established under this Act; or
except in either case with the consent of the Minister.
In this section, a reference to—
the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and
the letters DRC includes a reference to matter that is substantially the same as those letters.
A person who—
uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or
holds out or causes to be held out anything as a dispute resolution centre;
in contravention of subsection (1) , commits an offence against this Act.
Maximum penalty—15 penalty units.
It is a defence to prove that the usage or holding out in question was established before the commencement of this section.
s 27 amd 1997 No. 38 s 29 ; 2007 No. 37 s 46
(sec.27-ssec.1) The words ‘dispute resolution centre’ or the letters ‘DRC’ are not to be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor is any centre, organisation, body or group, or any other place or establishment, or any part thereof, to be held out as a dispute resolution centre (whether or not as established under this Act) by the use of the words ‘dispute resolution centre’ or the letters ‘DRC’ or in any other manner— unless in either case it is in fact a dispute resolution centre established under this Act; or except in either case with the consent of the Minister.
(sec.27-ssec.2) In this section, a reference to— the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and the letters DRC includes a reference to matter that is substantially the same as those letters.
(sec.27-ssec.3) A person who— uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or holds out or causes to be held out anything as a dispute resolution centre; in contravention of subsection (1) , commits an offence against this Act. Maximum penalty—15 penalty units.
(sec.27-ssec.4) It is a defence to prove that the usage or holding out in question was established before the commencement of this section.
(a) unless in either case it is in fact a dispute resolution centre established under this Act; or
(b) except in either case with the consent of the Minister.
(a) the words dispute resolution centre includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words; and
(b) the letters DRC includes a reference to matter that is substantially the same as those letters.
(a) uses or causes to be used the words ‘dispute resolution centre’ or the words ‘DRC’; or
(b) holds out or causes to be held out anything as a dispute resolution centre;
pt.3-div.2 Staff of dispute resolution centres
Staff of dispute resolution centres
sec.27AA Directors
sec.27AA Directors
There is to be a director for each dispute resolution centre and the same person may be the director for more than 1 dispute resolution centre.
s 27AA (prev s 18) amd 1997 No. 38 s 24
reloc and renum 2013 No. 35 s 50
sec.27AB Mediators
sec.27AB Mediators
The chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.
A person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.
In making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.
The chief executive may impose conditions on the appointment of a person as a mediator.
A mediator is to be paid the remuneration and allowances decided by the chief executive.
A mediator is appointed under this Act and not the Public Sector Act 2022 .
s 27AB (prev s 19) amd 1997 No. 38 s 25 ; 2008 No. 59 s 33
reloc and renum 2013 No. 35 s 50
amd 2022 No. 34 s 365 sch 3
(sec.27AB-ssec.1) The chief executive may appoint a person, other than a director, as a mediator for a dispute resolution centre for the term decided by the chief executive.
(sec.27AB-ssec.2) A person is eligible for appointment as a mediator only if the chief executive considers the person has knowledge, experience or skills relevant to the exercise of a mediator’s functions.
(sec.27AB-ssec.3) In making an appointment of a mediator, the chief executive must take into account the desirability of the mediators appointed reflecting the social, gender and cultural diversity of the general community.
(sec.27AB-ssec.4) The chief executive may impose conditions on the appointment of a person as a mediator.
(sec.27AB-ssec.5) A mediator is to be paid the remuneration and allowances decided by the chief executive.
(sec.27AB-ssec.6) A mediator is appointed under this Act and n
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