An Act to amend the Community Justice Centres Act 1983 with respect to the staff and administration of Community Justice Centres, the abolition of the Community Justice Centres Council and the conduct of certain mandatory mediation; and for other purposes.
1 Name of Act
This Act is the Community Justice Centres Amendment Act 2007.
2 Commencement
(1) Except as provided by subsection (2), this Act commences on the date of assent.(2) Schedule 1 [4], [7], [8], [17], [18], [20], [30], [32] and [33] and Schedule 2.1 and 2.2 commence on a day or days to be appointed by proclamation.
3 Amendment of Community Justice Centres Act 1983 No 127
The Community Justice Centres Act 1983 is amended as set out in Schedule 1.
4 Amendment of other Acts and Regulation
Each Act and Regulation specified in Schedule 2 is amended as set out in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendment of Community Justice Centres Act 1983
(Section 3)
[1] Section 3
Insert after section 2:3 Object of ActThe 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.
[2] Section 4 Definitions
Omit the definitions of Council, Deputy Director and member from section 4 (1).
[3] Section 4 (1), definition of “Director”
Omit the definition. Insert instead:Director means the person holding the office of the Director of Community Justice Centres under Chapter 1A of the Public Sector Employment and Management Act 2002.
[4] Section 4 (1), definition of “mediator”
Omit paragraph (b) of the definition. Insert instead:(b) a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 as a mediator for Community Justice Centres.
[5] Part 2, Division 1 The Council
Omit the Division.
[6] Section 10 Director
Omit the section.
[7] Section 11
Omit the section.
[8] Section 12
Omit the section. Insert instead:12 StaffThe Director and the staff of Community Justice Centres (including mediators) are to be employed under and in accordance with Chapter 1A of the Public Sector Employment and Management Act 2002.
[9] Section 13 Delegation by Director
Omit “the Deputy Director or” from section 13 (1).
[10] Section 13A
Insert after section 13:13A Director may seek advice relating to Director’s functions and object of Act(1) The Director may consult any other person or body the Director considers appropriate in relation to the carrying out of the Director’s functions under this Act and the achievement of the object of this Act.(2) Without limiting subsection (1), the Director may establish advisory committees to give advice in relation to the exercise of the Director’s functions under this Act and the achievement of the object of this Act.(3) Any or all of the members of an advisory committee may be persons who are not members of staff of Community Justice Centres.(4) The procedure for the calling of meetings of an advisory committee established by the Director and for the conduct of business at those meetings is to be as determined by the committee (subject to any determination of the Director).(5) The Minister may determine the remuneration (if any) and the term of office of members of an advisory committee established under this section.
[11] Section 14 Establishment of Community Justice Centres
Omit “providing mediation services”.Insert instead “achieving the purposes referred to in section 3 (a)–(e)”.
[12] Section 15 Premises of Community Justice Centres
Omit “published in the Gazette”.
[13] Section 16 Place of operation of Community Justice Centres
Omit “, subject to the policy guidelines determined by, and any directions of, the Council,” from section 16 (2).
[14] Section 17 Records
Omit the section.
[15] Section 18
Omit the section. Insert instead:18 Centres to be part of Attorney General’s DepartmentCommunity Justice Centres are taken for all purposes to form part of the Attorney General’s Department.
[16] Section 19 Use of certain words or letters
Omit “Council” from section 19 (1) (b). Insert instead “Director”.
[17] Section 19 (1A)
Omit “person holding a current accreditation as a mediator under section 11”.Insert instead “mediator”.
[18] Section 19 (1A)
Omit “holds a current accreditation as a mediator”.Insert instead “is a mediator”.
[19] Section 20 Provision of mediation services generally
Omit “, subject to the policy guidelines determined by, and any directions of, the Council,” from section 20 (1).
[20] Section 20A
Insert after section 20:20A Provision of mandatory mediation services(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 and without the consent of all of the parties to the dispute.(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 sections 23 (1) and (3), 27, 28 and 29) 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.
[21] Section 21 Conduct of mediation sessions
Omit “shall, subject to the policy guidelines determined by, and any directions of, the Council,” from section 21 (1).Insert instead “is to”.
[22] Section 22 Disputes
Omit “Council” from section 22 (1). Insert instead “Director”.
[23] Section 26 Evaluations
Insert at the end of the section:(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.
[24] Section 27 Exoneration from liability
Omit section 27 (1) (a) and (b).
[25] Section 27 (1) (d)
Omit “, the Deputy Director”.
[26] Section 27 (4)
Omit “or Deputy Director” wherever occurring.
[27] Section 28 Privilege
Omit section 28 (6) (a). Insert instead:(a) where the persons in attendance at the mediation session consent to admission of the evidence or document, or
[28] Section 28 (7)
Omit “A member of the Council or a sub-committee of the Council, a mediator, the Director, the Deputy Director”.Insert instead “A mediator, the Director”.
[29] Section 29 Secrecy
Omit “a member of the Council or a sub-committee of the Council,” from section 29 (2).
[30] Section 29 (2) (c1)
Insert after section 29 (2) (c):(c1) where the disclosure is made for the purposes of section 29A,
[31] Section 29 (2) (e)
Omit “Council”. Insert instead “Director”.
[32] Section 29A
Insert after section 29:29A Mandatory reportingIf a mediator has reasonable grounds to suspect that a child is at risk of 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.
[33] Section 30 Power to accept appointment
Omit the section.
[34] Section 31
Omit the section. Insert instead31 Regulations(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.
[35] Schedule 1 Constitution and procedure of Community Justice Centres Council
Omit the Schedule.
[36] Schedule 4 Savings and transitional provisions
Insert before clause 1:Part 1 Preliminary1A Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.Part 2 Provisions consequent on enactment of this Act
[37] Schedule 4, clause 1
Omit “this Schedule” wherever occurring. Insert instead “this Part”.
[38] Schedule 4, Part 3, heading
Insert after clause 16:Part 3 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 3) 1992
[39] Schedule 4, Part 4
Insert after clause 17:Part 4 Provisions consequent on enactment of Community Justice Centres Amendment Act 200718 Community Justice Centres CouncilOn the repeal of Division 1 of Part 2 by the Community Justice Centres Amendment Act 2007, the Community Justice Centres Council is abolished.19 Existing accredited mediators(1) On the repeal of section 11 by the Community Justice Centres Amendment Act 2007 and despite section 12, a person accredited as a mediator under section 11 whose accreditation is in force immediately before that repeal is taken to be appointed as a mediator for the remainder of the period for which the person was accredited.(2) Despite subclause (1), the Director may revoke the appointment of a person who is taken by that subclause to have been appointed as a mediator.(3) No application may be made to the Administrative Decisions Tribunal in relation to a person because of the operation of this clause or anything done under this clause.(4) No compensation is payable to any person because of the operation of this clause or anything done under this clause.20 Reporting by mediatorsSection 29A does not apply in relation to the work of a mediator occurring before the commencement of that section.
Schedule 2 Amendment of other Acts and Regulation
(Section 4)
[1] Section 26 Referral by court
Insert after section 26 (2):(2A) Without limiting subsections (1) and (2), the court may refer proceedings or part of proceedings for mediation under the Community Justice Centres Act 1983.
[2] Section 34 Mediation otherwise than under this Part
Insert “without having being referred under section 26” after “Community Justice Centres Act 1983” in section 34 (b).
[1] Section 59 Referral by Tribunal
Insert after section 59 (2):(3) Without limiting subsections (1) and (2), the Tribunal may refer a matter arising in proceedings for mediation under the Community Justice Centres Act 1983.
[2] Section 64 Other measures not precluded
Insert “without having being referred under section 59” after “Community Justice Centres Act 1983” in section 64 (b).
Schedule 3 Public authorities
Omit the matter relating to the Community Justice Centres Council from Part 3.