New South Wales Consolidated Acts

COMMUNITY JUSTICE CENTRES ACT 1983 - SECT 28

28 Privilege

(1) In this section, "mediation session" includes any steps taken in the course of making arrangements for a mediation session or in the course of the follow-up of a mediation session.

(2) Subject to subsection (3), the like privilege with respect to defamation exists with respect to:

(a) a mediation session, or

(b) a document or other material sent to, or produced at, a Community Justice Centre for the purpose of enabling a mediation session to be arranged,

as exists with respect to judicial proceedings and a document produced in judicial proceedings.

(3) The privilege conferred by subsection (2) does not extend to a publication made otherwise than:

(a) at a mediation session,

(b) as provided by subsection (2) (b), or

(c) as provided by section 29 (2).

(4) 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.

(5) A document prepared for the purposes of, or in the course of, or pursuant to, a mediation session, or any copy thereof is not admissible in evidence in any proceedings before any court, tribunal or body.

(6) Subsections (4) and (5) do not apply with respect to any evidence or document:

(a) where the persons in attendance at the mediation session consent to 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 pursuant to section 29 (2) (c).

(7) A mediator, the Director, a member of the staff of a Community Justice Centre, a person making an evaluation under section 26 or a party to a mediation session is not liable to be proceeded against for concealing a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of this Act.