Mediation Act 2005 (NI)

NORFOLK ISLAND

Mediation Act 2005

No. 29, 2005

Compilation No. 2

Compilation date: 13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

NORFOLK ISLAND

MEDIATION ACT 2005

TABLE OF PROVISIONS

1. Short title 2. Commencement 3. Dictionary 4. Declarations and approved agencies 5. Registration of mediators 6. Duration of registration 7. Renewal of registration 8. Cancellation of registration 9. Admissibility of evidence 10. Secrecy 11. Protection from defamation 12. Protection of mediators 13. Regulation‑making power Dictionary

NORFOLK ISLAND

MEDIATION ACT 2005

An Act relating to mediation and the registration of mediators.

Short title 1. This Act is the Mediation Act 2005. Commencement 2. This Act commences on the day notice of assent is published in the Gazette. Dictionary 3. The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. The Interpretation Act 1979 contains definitions and other provisions relevant to this Act. Declarations about approved agencies 4. (1) The Minister may, in writing, declare an entity to be an approved agency for this Act. Registration of mediators 5. (1) A person who has been registered by an approved agency may apply to the Registrar of the Supreme Court to be registered as a mediator. (2) The Registrar must register the person as a registered mediator if: (a) the Registrar is satisfied that the person has been registered by an approved agency; and (b) the application is accompanied by the approved fee. Duration of registration 6. Subject to section 8, the registration of a registered mediator ends 3 years after the day when he or she was registered or when his or her registration was last renewed, as the case requires. Renewal of registration 7. (1) A registered mediator may, before the end of his or her registration, apply to the Registrar for renewal of the registration. (2) The Registrar shall renew the registration of the mediator if any approved fee payable has been paid and the Registrar is satisfied that the mediator— (a) would, if he or she were an applicant under section 5 (1), be eligible for registration; and (b) has, since his or her registration or last renewal, whichever last occurred, undertaken any further education in matters relating to mediation that is approved by the agency or the Registrar. Cancellation of registration 8. The Registrar shall cancel the registration of a mediator whose registration has been cancelled by an approved agency. Admissibility of evidence 9. Evidence of— (a) a communication made in a mediation session; or (b) a document, whether delivered or not, prepared— (i) for the purposes of; or (ii) in the course of; or (iii) pursuant to a decision taken or undertaking given in; a mediation session; is not admissible in any proceedings except in accordance with the Evidence Act 2004 section 131 (Exclusion of evidence of settlement negotiations).