Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 10 July 2020 at 07:45)
Part 12 Division 2
Division 2 Alternative dispute resolution by Secretary
217   Definitions
In this Part—
mediation means a structured negotiation process in which the mediator, as a neutral and independent party, assists the parties to a dispute to achieve their own resolution of the dispute.
mediation session means a meeting arranged for the mediation of a matter under this Part and, for the purposes of the provisions of this Division relating to privilege, disclosure and admissibility, includes steps taken in the course of arranging or following-up a session.
mediator means the Secretary or any person approved by the Secretary in writing to be a mediator for the purposes of this Division.
218   Matters that may be subject to mediation
(1)  A person may apply to the Secretary for mediation of any matter for which an order may be sought from the Tribunal under this Act.
(2)  On receipt of an application for mediation, the Secretary must, if the Secretary thinks the circumstances of the case are appropriate, arrange for mediation in accordance with the regulations.
(3)  The Secretary may dismiss an application for mediation if the Secretary believes that the application is frivolous, vexatious, misconceived or lacking in substance.
219   Mediation involving disputes about part strata parcels
The Secretary may arrange mediation under section 218 of a dispute or complaint relating to the management of a building or its site where part of the building is a part strata parcel only—
(a)  if any applicable strata management statement provides for the mediation, or determination by the Tribunal, of disputes, or
(b)  with the consent of all parties to the dispute,
but is not required to arrange mediation before exercising any other function under this Act, the by-laws or a strata management statement.
220   Representation of parties
A party to a dispute is not entitled to be represented by another person at a mediation session under this Division unless all the other parties consent to the representation.
221   Effect of Division on other agreements or arrangements
This Division does not affect the enforceability of any other agreement or arrangement that may be made, whether or not arising out of a mediation session, in relation to the matters the subject of a mediation session.
222   Privilege
(1)  The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to—
(a)  a mediation session, and
(b)  a document or other material sent to, or produced at an office of, the Secretary for the purpose of enabling a mediation session to be arranged.
(2)  The privilege conferred only extends to a publication made—
(a)  at a mediation session, or
(b)  as provided by subsection (1) (b), or
(c)  as a disclosure permitted by this Division.
223   Evidence of mediation sessions not admissible
(1)  Evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court, tribunal or body.
(2)  A document prepared for the purposes of, or in the course of, or as a result of, a mediation session, or any copy of any such document, is not admissible in evidence in any proceedings before any court, tribunal or body.
(3)  This section does not apply to any evidence or document—
(a)  if the persons in attendance at, or identified during, the mediation session and, in the case of a document, all persons identified in the document, consent to the admission of the evidence or document, or
(b)  in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under this Division on the ground specified in section 224 (c).
224   Confidentiality
A mediator may disclose information obtained in connection with the administration or execution of this Division only in one or more of the following circumstances—
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Division,
(c)  if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,
(d)  if the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting the parties in any other manner,
(e)  in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
225   Exoneration from liability for mediators
No matter or thing done or omitted to be done by a mediator subjects the mediator to any action, liability, claim or demand if the matter or thing was done or omitted to be done in good faith for the purposes of a mediation session under this Division.