Community Justice Centres Act 1983

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

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

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:

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

training persons to be mediators, and

promoting alternative dispute resolution, and

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

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

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:

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

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

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:

the Director, or

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

Secretary means the Secretary of the Department of Justice.

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.

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.

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.

Notes included in this Act do not form part of this Act.

The Secretary may, on the recommendation of the Director, appoint a person as a mediator for Community Justice Centres.

The Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a mediator.

Subject to this Division, a mediator holds office for the term, not more than 3 years, specified in the mediator’s instrument of appointment, and is eligible for reappointment.

A mediator is entitled to be paid the remuneration and allowances decided by the Secretary from time to time.

The office of a mediator becomes vacant if the mediator:

dies, or

completes a term of office and is not reappointed, or

resigns the office by written instrument addressed to the Secretary, or

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

becomes a mentally incapacitated person, or

is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

The Secretary may remove a mediator from office at any time.

The Director and the staff of Community Justice Centres are to be employed under the Government Sector Employment Act 2013.