Farm Business Debt Mediation Act 2017
sec.38Confidentiality
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sec.38 Confidentiality
The following matters are not admissible in any civil, criminal or administrative proceeding— anything said or done during a mediation meeting; a document prepared for the purposes of a mediation meeting; a document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 . This section does not apply to— a heads of agreement; or a contract, mortgage or other document prepared to give effect to a heads of agreement; or a summary of a mediation prepared under section 33 ; or a proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or a proceeding or a part of a proceeding that relates to— violence or a threat of violence; or ongoing activity of a criminal nature being concealed; or the abuse of a child or another person. In this section— mediation meeting includes anything done for the purpose of arranging for, or following up matters discussed or agreed at, a mediation meeting. (sec.38-ssec.1) The following matters are not admissible in any civil, criminal or administrative proceeding— anything said or done during a mediation meeting; a document prepared for the purposes of a mediation meeting; a document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 . (sec.38-ssec.2) This section does not apply to— a heads of agreement; or a contract, mortgage or other document prepared to give effect to a heads of agreement; or a summary of a mediation prepared under section 33 ; or a proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or a proceeding or a part of a proceeding that relates to— violence or a threat of violence; or ongoing activity of a criminal nature being concealed; or the abuse of a child or another person. (sec.38-ssec.3) In this section— mediation meeting includes anything done for the purpose of arranging for, or following up matters discussed or agreed at, a mediation meeting.
- (a) anything said or done during a mediation meeting;
- (b) a document prepared for the purposes of a mediation meeting;
- (c) a document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 .
- (a) a heads of agreement; or
- (b) a contract, mortgage or other document prepared to give effect to a heads of agreement; or
- (c) a summary of a mediation prepared under section 33 ; or
- (d) a proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or
- (e) a proceeding or a part of a proceeding that relates to— (i) violence or a threat of violence; or (ii) ongoing activity of a criminal nature being concealed; or (iii) the abuse of a child or another person.