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This is a Bill, not an Act. For current law, see the Acts databases.
Community Justice Centres
Amendment Bill 2010
No , 2010
A Bill for
An Act to make miscellaneous amendments to the Community Justice Centres Act
1983; and for other purposes.
Clause 1 Community Justice Centres Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Community Justice Centres Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Repeal of Community Justice Centres Amendment Act 2007 No 70 6
The Community Justice Centres Amendment Act 2007 is repealed. 7
Page 2
Community Justice Centres Amendment Bill 2010
Amendment of Community Justice Centres Act 1983 No 127 Schedule 1
Schedule 1 Amendment of Community Justice 1
Centres Act 1983 No 127 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
Director-General means the Director-General of the Department 5
of Justice and Attorney General. 6
[2] Section 4 (1), definition of "mediation" 7
Omit paragraph (b) of the definition. Insert instead: 8
(b) the bringing together of the parties to any dispute for that 9
purpose, and 10
[3] Section 4 (1), definition of "mediator" 11
Omit the definition. Insert instead: 12
mediator means: 13
(a) the Director, or 14
(b) a person for the time being holding office as a mediator 15
under section 5. 16
[4] Section 4 (5) 17
Insert after section 4 (4): 18
(5) Notes included in this Act do not form part of this Act. 19
[5] Part 2, Division 1 20
Insert before Division 2: 21
Division 1 Mediators 22
5 Appointment of mediators 23
(1) The Director-General may, on the recommendation of the 24
Director, appoint a person as a mediator for Community Justice 25
Centres. 26
(2) The Public Sector Employment and Management Act 2002 does 27
not apply to or in respect of the appointment of a mediator. 28
6 Terms of office 29
Subject to this Division, a mediator holds office for the term, not 30
more than 3 years, specified in the mediator's instrument of 31
appointment, and is eligible for reappointment. 32
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Community Justice Centres Amendment Bill 2010
Schedule 1 Amendment of Community Justice Centres Act 1983 No 127
7 Remuneration 1
A mediator is entitled to be paid the remuneration and allowances 2
decided by the Director-General from time to time. 3
8 Vacancy in office 4
(1) The office of a mediator becomes vacant if the mediator: 5
(a) dies, or 6
(b) completes a term of office and is not reappointed, or 7
(c) resigns the office by written instrument addressed to the 8
Director-General, or 9
(d) becomes bankrupt, applies to take the benefit of any law 10
for the relief of bankrupt or insolvent debtors, compounds 11
with his or her creditors or makes an assignment of his or 12
her remuneration for their benefit, or 13
(e) becomes a mentally incapacitated person, or 14
(f) is convicted in New South Wales of an offence that is 15
punishable by imprisonment for 12 months or more or is 16
convicted elsewhere than in New South Wales of an 17
offence that, if committed in New South Wales, would be 18
an offence so punishable. 19
(2) The Director-General may remove a mediator from office at any 20
time. 21
[6] Sections 11 and 12 22
Omit the sections. Insert instead: 23
11 Staff 24
The Director and the staff of Community Justice Centres are to 25
be employed under and in accordance with Chapter 1A of the 26
Public Sector Employment and Management Act 2002. 27
[7] Sections 15 and 16 28
Omit the sections. 29
[8] Section 19 Use of certain words or letters 30
Omit "person holding a current accreditation as a mediator under section 11" 31
from section 19 (1A). 32
Insert instead "mediator". 33
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Community Justice Centres Amendment Bill 2010
Amendment of Community Justice Centres Act 1983 No 127 Schedule 1
[9] Section 19 (1A) 1
Omit "holds a current accreditation as a mediator". Insert "is a mediator". 2
[10] Section 20A Provision of mandatory mediation services 3
Omit "and without the consent of all of the parties to the dispute" from 4
section 20A (1). 5
[11] Section 20A (4) (a) 6
Omit "except sections 23 (1) and (3), 27, 28 and 29". 7
Insert instead "except section 23 (1) and (3)". 8
[12] Section 21 Conduct of mediation sessions 9
Omit section 21 (4) and (5). Insert instead: 10
(4) A party to a mediation session may be accompanied by or 11
represented by another person. 12
(5) The Director or the mediator conducting a mediation session may 13
exclude a person (other than a party to the mediation session) 14
from attending, or continuing to attend the mediation session if, 15
in the Director's or mediator's opinion, the presence of the person 16
may frustrate the purpose or conduct of the mediation session. 17
[13] Section 23 Mediation to be voluntary 18
Insert after section 23 (1): 19
Note. See, however, section 20A (4) (a) which provides that this 20
subsection (and subsection (3)) does not apply to the mediation of a 21
dispute referred to Community Justice Centres for mediation by an order 22
of a court or tribunal. 23
[14] Section 23 (3) 24
Insert ", unless the parties agree in writing that the agreement is to be 25
enforceable" after "body". 26
[15] Section 25 Representation by agent 27
Omit the section. 28
[16] Section 28 Privilege 29
Insert "or 29A" after "section 29 (2) (c)" in section 28 (6) (b). 30
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Community Justice Centres Amendment Bill 2010
Schedule 1 Amendment of Community Justice Centres Act 1983 No 127
[17] Section 28 (6) (b) 1
Insert after the paragraph: 2
, or 3
(c) given as evidence: 4
(i) as to the fact that an agreement the parties have 5
agreed is to be enforceable has been reached at, or 6
drawn up pursuant to, a mediation session, and 7
(ii) as to the substance of that agreement. 8
[18] Section 29 Secrecy 9
Insert at the end of section 29 (2) (b): 10
(b1) if the disclosure is for the purposes of giving evidence: 11
(i) as to the fact that an agreement the parties have 12
agreed is to be enforceable has been reached at, or 13
drawn up pursuant to, a mediation session, and 14
(ii) as to the substance of that agreement, 15
[19] Section 29A Mandatory reporting 16
Omit "at risk of harm". Insert instead "at risk of significant harm". 17
[20] Section 30 Power to accept appointment 18
Omit the section. 19
[21] Schedule 2 Mediator's oath of secrecy 20
Omit "make a record of, or". 21
[22] Schedule 3 Mediator's affirmation of secrecy 22
Omit "make a record of, or". 23
[23] Schedule 4 Savings and transitional provisions 24
Insert at the end of clause 1A (1): 25
Community Justice Centres Amendment Act 2010 26
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Community Justice Centres Amendment Bill 2010
Amendment of Community Justice Centres Act 1983 No 127 Schedule 1
[24] Schedule 4, clause 19 1
Omit the clause. 2
Page 7
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