131BDisclosure of interests

131B  Disclosure of interests Consultant to disclose conflict of interest  (1) A person engaged under subsection 131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal who has a conflict of interest in relation to the assistance, mediation or review must disclose the matters giving rise to that conflict to:  (a) the President of the Tribunal; and  (b) the persons to whom the Tribunal is providing the assistance, mediation or review. Requirement for consent  (2) The person must not perform his or her duties as a consultant in relation to the assistance, mediation or review unless the President and the persons to whom the Tribunal is providing the assistance, mediation or review consent. Meaning of conflict of interest  (3) For the purposes of this section, a person engaged under subsection 131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal has a conflict of interest in relation to the assistance, mediation or review if the person has any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her duties as a consultant in relation to the assistance, mediation or review. Conflict of interest at a particular time  (4) Without limiting subsection (3), a person engaged under subsection 131A(1) as a consultant in relation to any assistance, mediation or review being provided by the Tribunal has a conflict of interest at a particular time in relation to the assistance, mediation or review if:  (a) at that time, the person is employed by, or engaged as a consultant to, an organisation that has an interest in the matter in relation to which the assistance, mediation or review is being provided; or  (b) at any time in the 12 months immediately before that time, the person was so employed or engaged. Subdivision C—Miscellaneous administrative matters 133  Annual report  (1) As soon as practicable after 30 June in each year, the President must prepare a report that relates to the Tribunal’s activities during the year.  (2A) The report may include particulars of any failure to act in good faith and the reasons why the conduct was not in good faith, as allowed by section 94Q.  (3) The President must give the report to the Chief Justice, for inclusion in the report prepared for the relevant year under section 18S of the Federal Court of Australia Act 1976. 136  Proceedings arising out of administrative affairs of Tribunal   Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Tribunal under this Part, including any proceeding relating to anything done by the Federal Court Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires. Division 4AA—Review on whether there are native title rights and interests 136GC  Review on whether there are native title rights and interests Referral by the Federal Court on its own motion  (1) The Federal Court may, on its own motion, refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding. Referral by the Federal Court on request  (2) The Federal Court may refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding if:  (a) the issue arises in the course of mediation in relation to the proceeding; and  (b) the person conducting the mediation requests the Court to refer the issue for review by the Tribunal.  (3) The person conducting the mediation may only make the request if the person considers, after consultation with the parties to the proceeding, that a review of the issue would assist the parties to reach agreement on any of the matters mentioned in subsection 86A(1). Member must conduct review  (4) A review must be conducted by a member of the Tribunal. Assistance for member conducting review  (5) The member conducting a review may be assisted by another member of the Tribunal or by a member of the staff assisting the Tribunal. Parties may give documents and information  (6) A party in the proceeding may give documents or information to the member conducting the review for the purposes of the review. A party who gives documents or information is a participating party. Statements at review are without prejudice  (7) In a proceeding before the Court, unless the participating parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done in the course of the review. Member not to take further part in relation to a proceeding  (8) Unless the participating parties otherwise agree, a member who presides over, or assists in, the conduct of a review may not, in any other capacity, take any further part in the proceeding.  (9) If an issue has been referred for review under subsection (1), the person conducting the mediation may continue mediation if he or she considers that it is appropriate. If mediation ceases, review must cease  (10) If mediation ceases by order of the Federal Court under section 86C, the review must cease. Consultants  (11) If a consultant is engaged under subsection 131A(1) to conduct the mediation in relation to the proceeding, this Division applies as if the consultant were a member of the Tribunal.  (12) If a consultant is engaged under subsection 131A(1) to conduct a review under this Division, this Division applies in relation to that review as if the consultant were a member of the Tribunal. 136GD  Member conducting a review may prohibit disclosure of information Power of member conducting the review  (1) The member conducting the review may direct that:  (a) any information given, or statements made, in the course of the review; or  (b) the contents of any document produced in the course of the review; must not be disclosed, or must not be disclosed except in such manner, and to such persons, as the member specifies.  (2) The member conducting the review may make the direction on his or her own initiative or on an application by a participating party. Member conducting the review may disclose if participating parties agree  (3) If the participating parties agree, the member conducting the review may, despite the direction, disclose things of the kind mentioned in paragraph (1)(a) or (b). 136GE  Reports Report after review concludes  (1) The member conducting the review must, as soon as practicable after the review is concluded, provide a written report setting out the findings of the review to:  (a) the person conducting the mediation; and  (b) the participating parties. However, the findings of the review are not binding on any of the participating parties. Report may be given to Federal Court and other parties  (2) The member conducting the review may provide a copy of the report to:  (a) the Federal Court; and  (b) other parties in the proceeding. Report to assist mediation  (3) The member conducting the review may provide a written report to the person conducting the mediation, setting out the progress of the review, if the member conducting the review considers that providing the report would assist in progressing the mediation.