Reports about breaches of the requirement to act in good faith
94P Reports about breaches of the requirement to act in good faith
Reports to government
If the person conducting the mediation considers that a party mentioned in column 1 of the following table in relation to an item, or a person representing such a party, did not act or is not acting in good faith in relation to the conduct of the mediation, the person may report that failure to the person mentioned in column 2 of the table in relation to the item:
Reports about persons who do or did not act in good faith | |||
|---|---|---|---|
Item | If the party is or a person represents ... | then, the person conducting the mediation may report the failure to act in good faith to ... | |
1 | the Commonwealth | the Commonwealth Minister. | |
2 | a State or Territory | the State Minister or the Territory Minister for the State or Territory. | |
4 | a representative body that is provided with funds by the Secretary of the Department under section 203C | the Secretary of the Department. | |
5 | a person or body performing functions of a representative body that is provided with funds by the Secretary of the Department under section 203FE | the Secretary of the Department. | |
Reports to legal professional bodies
If the person conducting the mediation considers that a legal practitioner did not act or is not acting in good faith in relation to the conduct of the mediation, the person may report that failure to the relevant State or Territory legal professional body that issued the legal practitioner with a practising certificate.
For the purposes of a report made under subsection (2), subsection 94D(4) does not apply to the extent that words spoken or acts done at a conference under section 94D relate to the failure mentioned under subsection (2) of this section.
Reports to the Federal Court
If the person conducting the mediation considers that a party, or the party’s representative, did not act or is not acting in good faith in relation to the conduct of the mediation, the person may, despite subsection 94D(4), report that failure to the Federal Court (whether or not a report is also provided as mentioned in subsection (1) or (2) of this section).
What a report must include
A report must include:
the details of the failure to act in good faith; and
the context in which the conduct took place.
Copy of report to be provided to the person to whom it relates
At the time that a report is provided as mentioned in subsection (1), (2) or (4), a copy of the report must also be provided to the person to whom it relates.
Person conducting the mediation not a consultant
If the person conducting the mediation is not a consultant engaged under subsection 131A(1), a report may only be provided under this section on the initiative of the person.
Person conducting the mediation a consultant
If the person conducting the mediation is a consultant engaged under subsection 131A(1), a report may only be provided under this section on the initiative of the person if a presidential member agrees.
Mediation may continue
If a report is provided under this section, the person conducting the mediation may continue mediation if he or she considers that it is appropriate.
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