Northern Territory Explanatory Statements

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SUPREME COURT AMENDMENT (MEDIATION) BILL 2009


2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

SUPREME COURT AMENDMENT (MEDIATION) bILL 2009
SERIAL NO. 63

EXPLANATORY STATEMENT


GENERAL OUTLINE

The Supreme Court Amendment (Mediation) Bill 2009 amends the Supreme Court Act to allow the Supreme Court Rules to provide that:

§ the Master, the Registrar and Judges of the Supreme Court of the Northern Territory may be appointed as mediators in civil proceedings in accordance with the Supreme Court Rules;

§ a person with suitable qualifications for conducting mediation may be appointed as a mediator in civil proceedings in accordance with the Supreme Court Rules; and

§ a person appointed as a mediator may mediate jointly with another mediator appointed.

The Supreme Court Act is also amended such that the same privileges, protections and immunities are provided to the Master, the Registrar and Judges of the Supreme Court acting as mediators and to those persons participating in mediation as are provided to them during Supreme Court proceedings (under the Courts and Administrative Tribunals (Immunities) Act).



NOTES ON CLAUSES

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Supreme Court Amendment (Mediation) Act 2009.

Clause 2. Commencement

This clause provides that the Act will commence on a date fixed by the Administrator by notice in the Gazette.

Clause 3. Act amended.

This clause states that the Act amends the Supreme Court Act.

Clause 4. New section 83A

This clause inserts a new section 83A.

Section 83A(1) provides that if the Court considers it appropriate, the Court may direct that a civil proceedings be set down for mediation to explore the possibility of either:

§ settling the proceeding; or

§ resolving a particular issue in the proceeding.

Section 83A(2) states that the appointment of a mediator for a civil proceedings, and the procedures relating to the mediation, must be in accordance with the Supreme Court Rules.

Section 83A(3) specifies those persons who may be appointed as a mediator. Section 83A(3) states that the Supreme Court Rules may provide for the appointment of any of the following to be a mediator in civil proceedings:

§ a Judge, the Master or the Registrar; or

§ a person with suitable qualifications for conducting mediation.

Section 83A(4) states that the Supreme Court Rules may also provide for the appointment of two mediators for a civil proceedings to mediate jointly.

Section 83A(5) provides that a person appointed as a mediator for a civil proceeding must not disclose to another person any information obtained during (or for) the mediation except as required or authorised by law.

Section 83A(6) provides that evidence of anything said or done during mediation for a civil proceeding is not admissible in the proceeding or a court without the consent of the parties except to provide that a settlement was reached and the terms of the settlement.

Section 83A(7) states that section 83A does not prevent:

§ the Court itself from attempting to achieve a negotiated settlement of a civil proceedings or resolution of an issue in a civil proceeding; or

§ the person exercising that power of the Court from taking further part in the proceeding.

Section 83A(8) provides that if a Judge, the Master or the Registrar is appointed to be the mediator for a civil proceeding, and has conducted mediation for the proceeding, then he or she is disqualified from taking further part in the proceeding.

Section 83A(9) states that a person conducting or participating in mediation for a civil proceeding has the same immunity as is conferred by the Courts and Administrative Tribunals (Immunities) Act during a proceeding.

 

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