sec.37Secrecy

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.