QLDIn ForceAct
Queensland Competition Authority Act 1997
sec.187DReconstitution of mediator
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### sec.187D Reconstitution of mediator
This section applies if the person who constitutes, or 1 of the persons who constitutes, the mediator for a mediation—
stops being a member of the authority; or
for any reason, is not available for the mediation conference.
For finishing the mediation, the chairperson must direct that the mediator is to be constituted by—
if the mediator is constituted by 1 person—by another person directed by the chairperson; or
if the mediator is constituted by more than 1 person—by the remaining person or persons.
If a direction is given under subsection (2) , the mediator as constituted under the direction—
must continue and finish the mediation; and
for that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.
In subsection (1) , a reference to the person who constitutes, or is 1 of the persons who constitutes, the mediator for a mediation includes a reference to the person who constitutes, or is 1 of the persons who constitutes, a mediator for that purpose because of the application on 1 or more occasions of subsection (2) .
s 187D ins 2000 No. 15 s 42
(sec.187D-ssec.1) This section applies if the person who constitutes, or 1 of the persons who constitutes, the mediator for a mediation— stops being a member of the authority; or for any reason, is not available for the mediation conference.
(sec.187D-ssec.2) For finishing the mediation, the chairperson must direct that the mediator is to be constituted by— if the mediator is constituted by 1 person—by another person directed by the chairperson; or if the mediator is constituted by more than 1 person—by the remaining person or persons.
(sec.187D-ssec.3) If a direction is given under subsection (2) , the mediator as constituted under the direction— must continue and finish the mediation; and for that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.
(sec.187D-ssec.4) In subsection (1) , a reference to the person who constitutes, or is 1 of the persons who constitutes, the mediator for a mediation includes a reference to the person who constitutes, or is 1 of the persons who constitutes, a mediator for that purpose because of the application on 1 or more occasions of subsection (2) .
- (a) stops being a member of the authority; or
- (b) for any reason, is not available for the mediation conference.
- (a) if the mediator is constituted by 1 person—by another person directed by the chairperson; or
- (b) if the mediator is constituted by more than 1 person—by the remaining person or persons.
- (a) must continue and finish the mediation; and
- (b) for that purpose, may have regard to any notes of the mediation conference made by the mediator as previously constituted.