Australian Capital Territory Consolidated Acts

MEDIATION ACT 1997 - NOTES

Note 2     In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:

              •     ACT

              •     contravene

              •     document

              •     person.

"approved agency" means an entity that is declared under section 4 (2) to be an approved agency.

Note     An entity includes an individual, see Legislation Act 2001", dict, pt 1, def of "entity.

"mediation session" means a meeting between people in dispute and a registered mediator for the purpose of resolving the dispute by mediation, and includes anything done for the purpose of—

        (a)     arranging the meeting (whether or not successfully); or

        (b)     following up anything raised in the meeting.

"party", to a mediation session, does not include the registered mediator for the session.

"registered mediator" means a person who is registered under section 5 as a mediator (Registration of mediators).

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Mediation Act 1997 No 61

notified 9 October 1997 (Gaz 1997 No S300)

s 1, s 2 commenced 9 October 1997 (s 2 (1))

remainder commenced 1 July 1998 (s 2 (2))

as amended by

Statute Law Revision (Penalties) Act 1998 No 54 sch

notified 27 November 1998 (Gaz 1998 No S207)

s 1, s 2 commenced 27 November 1998 (s 2 (1))

sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3

notified 10 Nov 1999 (Gaz 1999 No 45)

sch 3 commenced 10 Nov 1999 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 246

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 246 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2002 No 30 pt 3.48

notified LR 16 September 2002

s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))

pt 3.48 commenced 17 September 2002 (s 2 (1))

Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.24

notified LR 22 November 2011

s 1, s 2 commenced 22 November 2011 (LA s 75 (1))

sch 1 pt 1.24 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)

4     Amendment history

Name of Act
s 1     sub 2002 No 30 amdt 3.594

Dictionary
s 2     om 2001 No 44 amdt 1.2832
    ins 2002 No 30 amdt 3.595

Notes
s 3     def approved agency sub 1999 No 66 s 6 sch 3
    om 2002 No 30 amdt 3.595
    def mediation session om 2002 No 30 amdt 3.595
    def registered mediator om 2002 No 30 amdt 3.595
    sub 2002 No 30 amdt 3.595

Declarations about competency standards and approved agencies
s 4     sub 1999 No 66 s 6 sch 3
    am 2001 No 44 amdts 1.2833-1.2835

Registration of mediators
s 5     am 2002 No 30 amdt 3.596

Renewal of registration
s 7     am 2002 No 30 amdt 3.597

Admissibility of evidence
s 9     sub A2011-48 amdt 1.40

Regulation-making power
s 13     am 1998 No 54 sch
    sub 2001 No 44 amdt 1.2836

Dictionary
dict     ins 2002 No 30 amdt 3.598
    def approved agency ins 2002 No 30 amdt 3.598
    def mediation session ins 2002 No 30 amdt 3.598
    def party ins 2002 No 30 amdt 3.598
    def registered mediator ins 2002 No 30 amdt 3.598

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1999 No 66	17 April 2000
2	Act 2001 No 44	23 January 2001
3	A2002-30	25 September 2002

© Australian Capital Territory 2012

Australian Capital Territory

A1997-61

Republication No 4

Effective: 1 March 2012

Republication date: 1 March 2012

Last amendment made by A2011-48





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Mediation Act 1997

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Mediation Act 1997

Endnotes9

Mediation Act 1997