Farm Business Debt Mediation Act 2017
sec.60Appropriately qualified and suitable person
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sec.60 Appropriately qualified and suitable person
When deciding whether the applicant is appropriately qualified to perform the functions of a mediator, the authority must consider— whether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and the applicant’s knowledge about, and experience in, primary industries, business finance and financial management. When deciding whether the applicant is a suitable person to be accredited as a mediator, the authority may consider— whether the applicant— has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and any other matter the authority considers relevant to the applicant’s ability to perform the functions of a mediator. The applicant is not a suitable person to be accredited as a mediator if the applicant is— an insolvent under administration; or an officer of a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 . s 60 amd 2020 No. 3 s 91 ; 2023 No. 23 s 247 sch 1 s 2 (2) (sec.60-ssec.1) When deciding whether the applicant is appropriately qualified to perform the functions of a mediator, the authority must consider— whether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and the applicant’s knowledge about, and experience in, primary industries, business finance and financial management. (sec.60-ssec.2) When deciding whether the applicant is a suitable person to be accredited as a mediator, the authority may consider— whether the applicant— has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and any other matter the authority considers relevant to the applicant’s ability to perform the functions of a mediator. (sec.60-ssec.3) The applicant is not a suitable person to be accredited as a mediator if the applicant is— an insolvent under administration; or an officer of a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .
- (a) whether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and
- (b) the applicant’s knowledge about, and experience in, primary industries, business finance and financial management.