Farm Debt Mediation Act 2024

An aggrieved person may apply to the Minister for a review of any of the following decisions:a decision to grant, or to refuse to grant, a prohibition certificate; a decision to grant, or to refuse to grant, an exemption certificate; a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator; a decision to suspend or revoke the accreditation of a mediator.

An application must – be in an approved form; and be lodged with the Minister within 20 business days (or such longer period as the Minister may allow) after the person was notified of the making of the decision concerned; and comply with such other requirements as may be prescribed by the regulations.

In considering an application, the Minister – may invite any person who, in the opinion of the Minister, may be affected by the outcome of the review to submit material for consideration; and is to consider any relevant material submitted by the applicant and any relevant material submitted by any other person in accordance with paragraph (a).

In determining an application, the Minister may – affirm the decision; or vary the decision; or set aside the decision and make a decision in substitution for the decision that is set aside.

In determining an application, the Minister may exercise the same powers under this Act, or any other law, that the Commissioner had in making the decision that is the subject of the review.

The Minister is to give notification of the Minister’s decision in respect of an application to – the applicant; and if the review relates to a decision about the grant or refusal of a prohibition certificate or an exemption certificate – the farmer or Creditor, or any guarantor, under the farm mortgage concerned who is not the applicant for the review; and the Commissioner.

A notification under subsection (6) is to include a statement of reasons for the decision.

The Minister is to determine an application within 30 business days after the application is made, but a determination is not invalid because it is made after the expiration of that period.

The Minister may delegate a function or power of the Minister under this section, other than this power of delegation.