This Act may be cited as the Community Justice Centres Act 1983.

(1)  Sections 1 and 2 shall commence on the date of assent to this Act.

(2)  Except as provided by subsection (1), this Act shall commence on 1 December 1983.

The object of this Act is to provide for the establishment and operation of Community Justice Centres for the purpose of:

(a)  providing dispute resolution and conflict management services, including the mediation of disputes, and

(b)  training persons to be mediators, and

(c)  promoting alternative dispute resolution, and

(d)  contributing to the development of alternative dispute resolution in New South Wales by entering into connections and partnerships with the legal profession, courts, tribunals, the academic sector and other providers of alternative dispute resolution services, and

(e)  undertaking other matters incidental to the provision of dispute resolution and conflict management services.

s 3: Rep 1992 No 111, Sch 1. Ins 2007 No 70, Sch 1 [1].

(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

Community Justice Centre means a Community Justice Centre established under this Act.

Director means the Director of Community Justice Centres.

functions includes powers, authorities and duties.

mediation includes:

(a)  the undertaking of any activity for the purpose of promoting the discussion and settlement of disputes,

(b)  the bringing together of the parties to any dispute for that purpose, and

(c)  the follow-up of any matter the subject of any such discussion or settlement.

mediation session means a meeting in accordance with this Act between 2 or more parties who are in dispute on any matter.

mediator means:

(a)  the Director, or

(b)  a person for the time being holding office as a mediator under section 5.

Secretary means the Secretary of the Department of Justice.

(2)  A reference in this Act to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3)  A reference in this Act to the parties to a mediation session includes a reference to the parties to a dispute in respect of which an application for a mediation session is duly made, but does not include a reference to the mediator conducting the mediation session.

(4)  A reference in this Act to the conduct of a mediation session by a mediator includes a reference to the conduct of a mediation session in the presence, or under the supervision, of the mediator.

(5)  Notes included in this Act do not form part of this Act.

s 4: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [2] [3]; 2010 No 79, Sch 1 [1]–[4]; 2015 No 58, Sch 3.21 [1].

Community Justice Centres shall be established and operated in accordance with this Act for the purpose of achieving the purposes referred to in section 3 (a)–(e).

s 14: Am 2007 No 70, Sch 1 [11].

Community Justice Centres are taken for all purposes to form part of the Department of Justice.

s 18: Am 1992 No 111, Sch 1. Subst 2007 No 70, Sch 1 [15]. Am 2015 No 58, Sch 3.21 [5].

(1)  The words “Community Justice Centre” or the letters “CJC” shall not be used in the name of any centre, organisation, body or group or any other place or establishment, or any part thereof, nor shall any centre, organisation, body or group, or any other place or establishment, or any part thereof, be held out as a Community Justice Centre (whether or not as established under this Act) by the use of the words “Community Justice Centre” or the letters “CJC” or in any other manner:

(a)  unless in either case it is in fact a Community Justice Centre established under this Act, or

(b)  except in either case with the consent of the Director.

(1A)  A person (other than a mediator) must not take or use a name, title or description including a name, title or description that includes the words “Community Justice Centre” or the letters “CJC” that, having regard to the circumstances in which it is taken or used:

(a)  indicates, or

(b)  is capable of being understood to indicate, or

(c)  is calculated to lead a person to infer,

that the person is a mediator under this Act.

(2)  In this section, a reference to:

(a)  the words “Community Justice Centre” includes a reference to those words whether or not they appear consecutively and to words that are substantially the same as those words, and

(b)  the letters “CJC” includes a reference to matter that is substantially the same as those letters.

s 19: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [16]; 2010 No 79, Sch 1 [8] [9].

(1)  The Director is responsible for the provision of mediation services and for the operation and management of Community Justice Centres.

(2)  Each mediation session shall be conducted by one or more mediators assigned for the purpose by the Director.

(3)  No dispute shall be accepted for mediation under this Act except with the consent of the Director.

s 20: Am 1992 No 111, Sch 1; 2007 No 70, Sch 1 [19].

(1)  This section applies to a dispute that has been referred to Community Justice Centres for mediation by an order of a court or tribunal under a provision of another Act or of a statutory rule.

(2)  The Director may accept, or decline to accept, a dispute to which this section applies for mediation under this Act.

(3)  If the Director accepts a dispute to which this section applies for mediation:

(a)  the Director may assign the mediator or mediators who are to conduct the mediation sessions in relation to the dispute, and

(b)  a mediator assigned by the Director to conduct the mediation sessions in relation to the dispute is taken to be the mediator appointed by the court or tribunal that made the order referring the dispute for mediation or the mediator specified in the order, as the case may be.

(4)  Unless otherwise provided by the regulations:

(a)  the provisions of this Act (except section 23 (1) and (3)) apply to the mediation under this Act of a dispute to which this section applies and to the mediators conducting the mediation sessions in relation to the dispute, and

(b)  the provisions of the Act or statutory rule under which an order was made referring such a dispute for mediation under this Act, and the terms of the order:

(i)  apply to the mediation of the dispute under this Act and to the mediators conducting the mediation sessions in relation to the dispute in the same way as they apply to mediation under the Act or statutory rule under which the referring order was made and mediators conducting mediation under that Act or statutory rule, and

(ii)  so apply except to the extent to which they are inconsistent with subsection (3) or the other provisions of this Act applied by paragraph (a).

(5)  If the Director accepts a dispute to which this section applies for mediation under this Act, the Director is to provide a written report on the outcome of the mediation or attempted mediation to the court or tribunal that referred the matter for mediation.

(6)  If the Director declines to accept a dispute to which this section applies for mediation under this Act, the Director is to give the court or tribunal that referred the matter for mediation notice in writing of the Director’s decision and the reason for the decision.

s 20A: Ins 2007 No 70, Sch 1 [20]. Am 2010 No 79, Sch 1 [10] [11].

(1)  The procedure for commencing and conducting a mediation session at a Community Justice Centre is to be as determined by the Director.

(2)  Mediation sessions shall be conducted with as little formality and technicality, and with as much expedition, as possible.

(3)  The rules of evidence do not apply to mediation sessions.

(4)  A party to a mediation session may be accompanied by or represented by another person.

(5)  The Director or the mediator conducting a mediation session may exclude a person (other than a party to the mediation session) from attending, or continuing to attend the mediation session if, in the Director’s or mediator’s opinion, the presence of the person may frustrate the purpose or conduct of the mediation session.

s 21: Am 2007 No 70, Sch 1 [21]; 2010 No 79, Sch 1 [12].

(1)  The Director may determine that specified classes of disputes are not to be the subject of mediation sessions, or that specified classes of disputes may be the subject of mediation sessions, but nothing in this subsection limits any other provisions of this Act.

(2)  A mediation session may be commenced or continued whether or not the dispute is justiciable before any court, tribunal or body and whether or not the dispute is the subject of any legal proceedings.

(3)  For the purposes of this Act, persons may be treated as being in dispute on any matter if they are not in agreement on the matter (whether or not any relevant negotiations are still in progress).

s 22: Am 2007 No 70, Sch 1 [22].

(1)  Attendance at and participation in mediation sessions are voluntary.

Note—

See, however, section 20A (4) (a) which provides that this subsection (and subsection (3)) does not apply to the mediation of a dispute referred to Community Justice Centres for mediation by an order of a court or tribunal.

(2)  A party to a mediation session may withdraw from the mediation session at any time.

(3)  Notwithstanding any rule of law or equity, any agreement reached at, or drawn up pursuant to, a mediation session is not enforceable in any court, tribunal or body, unless the parties agree in writing that the agreement is to be enforceable.

(4)  Except as expressly provided in this Act, nothing in this Act affects any rights or remedies that a party to a dispute has apart from this Act.

s 23: Am 2010 No 79, Sch 1 [13] [14].

(1)  The Director may decline to consent to the acceptance of any dispute for mediation under this Act at a Centre.

(2)  A mediation session may be terminated at any time by the mediator or by the Director.

s 24: Am 1992 No 111, Sch 1.

(1)  The Minister may cause or arrange for an evaluation to be made, at such times and in respect of such periods as the Minister thinks fit, of Community Justice Centres and of their operation and activities.

(2)  The Director is to ensure that such records relating to the activities of Community Justice Centres are made and kept as are necessary or appropriate to enable a proper evaluation of Community Justice Centres to be made under this section.

s 26: Am 2007 No 70, Sch 1 [23].

(1)  No matter or thing done or omitted to be done by:

(a), (b)    (Repealed)

(c)  a mediator, or

(d)  the Director or a member of the staff of a Community Justice Centre,

shall, if the matter or thing was done in good faith for the purpose of executing this Act, subject any of them to any action, liability, claim or demand.

(2)  A member of the police force, or any other officer or person, is not liable to be proceeded against in respect of:

(a)  failure to charge a person with a crime or offence or to initiate or proceed with proceedings for a crime or offence, or any similar failure,

(b)  the arrest of a person followed by such a failure, or

(c)  failure to offer evidence at the hearing of a charge referred to in paragraph (a),

if the member of the police force or other officer or person satisfies the court that the failure was reasonable:

(d)  by reason of the reference of the dispute to which the alleged crime or offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred, and

(e)  in all the circumstances of the case.

(3)  Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time.

(4)  No person shall be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a member or of the Director, and anything done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if it had been done or omitted to be done by that member or the Director.

(5)  In subsection (2), a reference to a crime or offence does not include a reference to a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.

s 27: Am 1992 No 111, Sch 1; 2006 No 73, Sch 3.6; 2007 No 70, Sch 1 [24]–[26]; 2007 No 80, Sch 2.6.

(1)  In this section, mediation session includes any steps taken in the course of making arrangements for a mediation session or in the course of the follow-up of a mediation session.

(2)  Subject to subsection (3), the like privilege with respect to defamation exists with respect to:

(a)  a mediation session, or

(b)  a document or other material sent to, or produced at, a Community Justice Centre for the purpose of enabling a mediation session to be arranged,

as exists with respect to judicial proceedings and a document produced in judicial proceedings.

(3)  The privilege conferred by subsection (2) does not extend to a publication made otherwise than:

(a)  at a mediation session,

(b)  as provided by subsection (2) (b), or

(c)  as provided by section 29 (2).

(4)  Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.

(5)  A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body.

(6)  Subsections (4) and (5) do not apply with respect to any evidence or document:

(a)  where the persons in attendance at the mediation session consent to admission of the evidence or document, or

(b)  in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made pursuant to section 29 (2) (c) or 29A, or

(c)  given as evidence:

(i)  as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and

(ii)  as to the substance of that agreement.

(7)  A mediator, the Director, a member of the staff of a Community Justice Centre, a person making an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for concealing a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of this Act.

s 28: Am 1992 No 111, Sch 1; 1999 No 94, Sch 4.86; 2007 No 70, Sch 1 [27] [28]; 2010 No 79, Sch 1 [16] [17].

(1)  A mediator shall not commence to exercise the functions of a mediator without first taking an oath before a justice of the peace in or to the effect of the form set out in Schedule 2 or making an affirmation in or to the effect of the form set out in Schedule 3.

(2)  A person who is or has been a mediator, a Director, a member of the staff of a Community Justice Centre or a person making an evaluation under section 26 or carrying out research referred to in paragraph (e) may disclose information obtained in connection with the administration or execution of this Act only as follows:

(a)  with the consent of the person from whom the information was obtained,

(b)  in connection with the administration or execution of this Act,

(b1)  if the disclosure is for the purposes of giving evidence:

(i)  as to the fact that an agreement the parties have agreed is to be enforceable has been reached at, or drawn up pursuant to, a mediation session, and

(ii)  as to the substance of that agreement,

(c)  where there are reasonable grounds to believe that disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,

(c1)  where the disclosure is made for the purposes of section 29A,

(d)  where the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting any such parties in any other manner,

(e)  where the disclosure does not reveal the identity of a person without the consent of the person and is reasonably required for the purposes of research carried out by, or with the approval of, the Director or an evaluation pursuant to section 26, or

(f)  in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.

s 29: Am 2007 No 70, Sch 1 [29]–[31]; 2010 No 79, Sch 1 [18].

If a mediator has reasonable grounds to suspect that a child is at risk of significant harm (within the meaning of section 23 of the Children and Young Persons (Care and Protection) Act 1998) and those grounds arise during the course of or from the mediator’s work as a mediator, it is the duty of the mediator to make a report, as soon as practicable, under section 24 of that Act.

s 29A: Ins 2007 No 70, Sch 1 [32]. Am 2010 No 79, Sch 1 [19].

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)  In particular, regulations may be made for or with respect to the following:

(a)  fees and charges for services provided by Community Justice Centres and mediators,

(b)  without limiting paragraph (a), fees and charges for services relating to mediation referred to in section 20A (whether or not requested or agreed to),

(c)  the waiver or refund of the whole or part of any such fee or charge.

s 31: Subst 2007 No 70, Sch 1 [34].

The Community Justice Centres (Pilot Project) Act 1980 is repealed.

Schedule 4 has effect.