New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 21

21 Referral of matters to mediation

(1) At any time when considering whether to make an apprehended personal violence order or after making such an order, a court may refer the protected person and the defendant for mediation under the Community Justice Centres Act 1983 .

(2) A matter is not to be referred to mediation under this section if the court is of the opinion that:

(a) there has been a history of physical violence to the protected person by the defendant, or

(b) the protected person has been subjected to conduct by the defendant amounting to a personal violence offence, or

(c) the protected person has been subjected to conduct by the defendant amounting to an offence under section 13, or

(d) the defendant has engaged in conduct amounting to harassment relating to the protected person’s race, religion, homosexuality, transgender status, HIV/AIDS infection or disability, or

(e) there has been a previous attempt at mediation in relation to the same matter and the attempt was not successful.

(3) Nothing in this section affects section 24 of the Community Justice Centres Act 1983 .

Note: Section 24 of the Community Justice Centres Act 1983 enables the Director of Community Justice Centres to decline to consent to the acceptance of a dispute for mediation and enables the Director or a mediator to terminate a mediation session at any time.

(4) The Director of Community Justice Centres is to provide a written report on the outcome of the mediation or attempted mediation to the court that referred the matter for mediation.

(5) On receiving a report under subsection (4), the court is to take such action in accordance with this Act as it considers appropriate in relation to the matter concerned and in doing so may take into account the contents of the report.

(6) If a matter is referred to mediation under this section without an order having been made, any proceedings in relation to the application are taken to have been stayed until a report is provided under subsection (4).

(7) If the Director of Community Justice Centres provides a report under subsection (4) or a mediator conducts a mediation of a matter referred under this section, the Director or the mediator is taken, for the purposes of the provisions of the Community Justice Centres Act 1983 , to be exercising those functions for the purpose of executing that Act.