sec.106ZBReferral to mediation

### sec.106ZB Referral to mediation This section applies if— a local government and another entity have agreed to enter into negotiations for a community benefit agreement but have not yet entered into a community benefit agreement; or a local government and another entity have agreed to enter into negotiations about changes to a community benefit agreement but have not yet agreed on changes. The chief executive may, on request by the local government and the other entity, refer the local government and the entity to mediation to seek to achieve an agreement between them. If the chief executive makes a referral under subsection (2) , the chief executive must give the local government and the other entity a notice stating— the name of the person who is to conduct the mediation (the mediator ); and any other information prescribed by regulation. The mediator must— be independent of the local government and the other entity; and have qualifications, experience or skills relevant to conducting the mediation. In performing the mediator’s functions under the referral, the mediator has the same privileges, protection or immunity as a District Court judge performing a judicial function. The mediator must not disclose to anyone information acquired by the mediator during the mediation, other than under subsection (7) . Maximum penalty—50 penalty units. The mediator may disclose the information— with the agreement of the person to whom the information relates or someone else authorised by the person; or to the chief executive under section 106ZC (5) ; or for the purpose of giving effect to this section or section 106ZC ; or for statistical purposes not likely to reveal the identity of a person to whom the information relates; or for an inquiry or proceeding about an offence happening during the mediation; or for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or if the disclosure is authorised under an Act or another law. s 106ZB ins 2025 No. 14 s 21 (sec.106ZB-ssec.1) This section applies if— a local government and another entity have agreed to enter into negotiations for a community benefit agreement but have not yet entered into a community benefit agreement; or a local government and another entity have agreed to enter into negotiations about changes to a community benefit agreement but have not yet agreed on changes. (sec.106ZB-ssec.2) The chief executive may, on request by the local government and the other entity, refer the local government and the entity to mediation to seek to achieve an agreement between them. (sec.106ZB-ssec.3) If the chief executive makes a referral under subsection (2) , the chief executive must give the local government and the other entity a notice stating— the name of the person who is to conduct the mediation (the mediator ); and any other information prescribed by regulation. (sec.106ZB-ssec.4) The mediator must— be independent of the local government and the other entity; and have qualifications, experience or skills relevant to conducting the mediation. (sec.106ZB-ssec.5) In performing the mediator’s functions under the referral, the mediator has the same privileges, protection or immunity as a District Court judge performing a judicial function. (sec.106ZB-ssec.6) The mediator must not disclose to anyone information acquired by the mediator during the mediation, other than under subsection (7) . Maximum penalty—50 penalty units. (sec.106ZB-ssec.7) The mediator may disclose the information— with the agreement of the person to whom the information relates or someone else authorised by the person; or to the chief executive under section 106ZC (5) ; or for the purpose of giving effect to this section or section 106ZC ; or for statistical purposes not likely to reveal the identity of a person to whom the information relates; or for an inquiry or proceeding about an offence happening during the mediation; or for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or if the disclosure is authorised under an Act or another law. - (a) a local government and another entity have agreed to enter into negotiations for a community benefit agreement but have not yet entered into a community benefit agreement; or - (b) a local government and another entity have agreed to enter into negotiations about changes to a community benefit agreement but have not yet agreed on changes. - (a) the name of the person who is to conduct the mediation (the mediator ); and - (b) any other information prescribed by regulation. - (a) be independent of the local government and the other entity; and - (b) have qualifications, experience or skills relevant to conducting the mediation. - (a) with the agreement of the person to whom the information relates or someone else authorised by the person; or - (b) to the chief executive under section 106ZC (5) ; or - (c) for the purpose of giving effect to this section or section 106ZC ; or - (d) for statistical purposes not likely to reveal the identity of a person to whom the information relates; or - (e) for an inquiry or proceeding about an offence happening during the mediation; or - (f) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or - (g) if the disclosure is authorised under an Act or another law.