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COMMUNITY JUSTICE CENTRES ACT 1983 - SCHEDULE 4

SCHEDULE 4 – Savings and transitional provisions

(Section 33)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Community Justice Centres Amendment Act 2007
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

1 Definition

(1) In this Part, "repealed Act" means the Community Justice Centres (Pilot Project) Act 1980 .
(2) A person holding office pursuant to this Part holds that office subject to this Act.

2 Membership of Council

(1) A member of the Committee constituted under the repealed Act who was nominated or selected under clause 1 (2) (a), (c), (h), (i) or (j) of Schedule 1 to that Act and held office as such a member immediately before 1 December 1983 shall be deemed:
(a) to have been appointed on that date as a member of the Council, and
(b) to have had for that appointment the same qualification by nomination or selection as the member had for appointment as a member of that Committee.
(2) Subject to clause 5, the term of office of a member of the Council holding office pursuant to subclause (1) expires:
(a) immediately before 1 December 1986, or
(b) on an earlier day of which the Minister notifies the member by instrument in writing,
whichever first occurs.

3 Chairman

The person who, immediately before 1 December 1983 held office as Chairman of the Committee constituted under the repealed Act shall be deemed to have been appointed on that date as Chairman of the Council.

4 Delegation to Director

A delegation to the Director of a Community Justice Centre under section 8 of the repealed Act that was in force immediately before 1 December 1983 shall be deemed to be a delegation on that date to the Director of that Centre under section 9 of this Act.

5 Directors

On and from 1 December 1983, a Director of a Community Justice Centre holding office under section 9 of the repealed Act immediately before that date continues in office under section 10 of this Act as the Director of that Centre.

6 Mediators

A person accredited under section 11 of the repealed Act as a mediator for a Community Justice Centre and holding office immediately before 1 December 1983 shall be deemed to have been accredited on that date under section 11 of this Act.

7 Delegation by Director

An authority in force immediately before 1 December 1983 that was conferred under section 13 of the repealed Act on a person holding office as a member of the staff of a Community Justice Centre shall, if that person is a member of the staff of that Centre on that date, be deemed to have been conferred on that date by the Director of that Centre under section 13 of this Act.

8 Community Justice Centres

Subject to this Act, a Community Justice Centre established under section 14 of the repealed Act, and being operated immediately before 1 December 1983, continues on and after that date as a Community Justice Centre established under section 14 of this Act.

9 Premises

An order made and published under section 15 of the repealed Act and in force immediately before 1 December 1983 has effect on and from that date as if it were an order made and published under section 15 of this Act.

10 Records

Records relating to the activities of a Community Justice Centre that were made and kept under section 17 of the repealed Act and were in existence immediately before 1 December 1983 shall be deemed to be records made under section 17 of this Act in relation to the activities of that Centre.

11 Mediation

(1) A dispute duly accepted before 1 December 1983 for mediation under the repealed Act shall be deemed to have been duly accepted for mediation under this Act.
(2) A dispute may be accepted for mediation under this Act notwithstanding that it arose before 1 December 1983.
(3) A mediation session that was commenced under the repealed Act and had not been completed immediately before 1 December 1983 shall be continued and completed as if it had been commenced under this Act.
(4) A determination made under section 22 of the repealed Act and in force immediately before 1 December 1983 shall be deemed to be a determination made on that date under section 22 of this Act.

12 Agreement after mediation

The provisions of section 23 (3) apply to and in respect of an agreement reached at, or drawn up pursuant to, a mediation session under the repealed Act in the same way as those provisions apply to and in respect of an agreement reached at, or drawn up pursuant to, a mediation session under this Act.

13 Exoneration from liability

For the purposes of section 27 (2) (d), a reference to mediation under this Act includes a reference to mediation under the repealed Act.

14 Oath or affirmation by mediator

A mediator who holds office pursuant to clause 6 and:

(a) has taken the oath specified in Schedule 2 to the repealed Act-shall be deemed to have taken the oath specified in Schedule 2 to this Act, or
(b) has made the affirmation specified in Schedule 3 to the repealed Act-shall be deemed to have made the affirmation specified in Schedule 3 to this Act.

15 Secrecy

The provisions of section 29 (2) apply to and in respect of information obtained in the administration or execution of the repealed Act in the same way as those provisions apply to and in respect of information obtained in connection with the administration or execution of this Act.

16 Annual report

For the purposes of the report to be submitted by the Council in respect of the year ending on 30 June 1984, a reference in section 31 to Community Justice Centres includes a reference to Community Justice Centres established under the repealed Act.

Part 3 - Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 3) 1992

17 Limitation on accreditation of mediators

A person accredited under section 11 immediately before the date of commencement of the amendments to section 11 made by the Statute Law (Miscellaneous Provisions) Act (No 3) 1992 is taken to be accredited under section 11, as amended, for a period of 12 months commencing on that date.

Part 4 - Provisions consequent on enactment of Community Justice Centres Amendment Act 2007

18 Community Justice Centres Council

On the repeal of Division 1 of Part 2 by the Community Justice Centres Amendment Act 2007 , the Community Justice Centres Council is abolished.

19 Existing accredited mediators

(1) On the repeal of section 11 by the Community Justice Centres Amendment Act 2007 and despite section 12, a person accredited as a mediator under section 11 whose accreditation is in force immediately before that repeal is taken to be appointed as a mediator for the remainder of the period for which the person was accredited.
(2) Despite subclause (1), the Director may revoke the appointment of a person who is taken by that subclause to have been appointed as a mediator.
(3) No application may be made to the Administrative Decisions Tribunal in relation to a person because of the operation of this clause or anything done under this clause.
(4) No compensation is payable to any person because of the operation of this clause or anything done under this clause.

20 Reporting by mediators

Section 29A does not apply in relation to the work of a mediator occurring before the commencement of that section.



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