New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 34

34 Conciliation conferences

(1) If proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction, the Court:

(a) may arrange a conciliation conference between the parties or their representatives, with or without their consent, and

(b) if it does so, must notify the parties or their representatives of the time and place fixed for the conference.

(1A) It is the duty of each party to proceedings where a conciliation conference has been arranged under subsection (1) to participate, in good faith, in the conciliation conference.

(2) A conciliation conference is to be presided over by a single Commissioner.

(3) If, either at or after a conciliation conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions), the Commissioner:

(a) must dispose of the proceedings in accordance with the decision, and

(b) must set out in writing the terms of the decision.

(4) If no such agreement is reached, the Commissioner must terminate the conciliation conference and:

(a) unless the parties consent under paragraph (b), must make a written report to the Court:

(i) stating that no such agreement has been reached and that the conciliation conference has been terminated, and

(ii) setting out what in the Commissioner’s view are the issues in dispute between the parties, or

(b) if the parties consent to the Commissioner disposing of the proceedings, must dispose of the proceedings:

(i) following a hearing, whether held forthwith or later, or

(ii) with the consent of the parties, on the basis of what has occurred at the conciliation conference.

(5) The Commissioner, when giving his or her decision under subsection (4) (b), is to give reasons for the decision:

(a) in writing, or

(b) orally and recorded by means that can be reproduced.

(6) If satisfied that there is a good reason to do so, the Commissioner may adjourn the conciliation conference to a time and place fixed in consultation with the Registrar.

(7) Subject to this Act and the rules, the Commissioner disposing of, or hearing and disposing of, proceedings pursuant to subsection (3) or (4) (b) has and may exercise the functions of the Court.

(8) The decision of the Commissioner under subsection (3) or (4) (b) is taken to be the decision of the Court.

(9) If a report is made to the Court under subsection (4) (a), it must, as soon as practicable, furnish a copy of the report to each of the parties.

(10) If an agreement is reached between the parties and proceedings are being dealt with under subsection (3), any document signed by the parties is admissible as to the fact that such an agreement has been reached and as to the substance of the agreement.

(10A) The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to:

(a) a conciliation conference, and

(b) a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged.

(10B) The privilege conferred by subsection (10A) extends only to a publication made:

(a) at a conciliation conference, or

(b) in a document or other material sent to or produced to a Commissioner, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a conciliation conference to be arranged.

(11) Subject to subsections (10) and (12):

(a) evidence of anything said or of any admission made in a conciliation conference is not admissible in any proceedings before any court, tribunal or body, and

(b) a document prepared for the purposes of, or in the course of, or as a result of, a conciliation conference, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(12) Subsection (11) does not apply with respect to any evidence or document if the parties consent to the admission of the evidence or document.

(13) The Commissioner presiding over a conference under this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.

(14) Unless otherwise directed by the Chief Judge, the Registrar may preside over a conference under this section and, in that event, a reference in this section to a Commissioner includes a reference to the Registrar.