South Australian Consolidated Acts

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GUARDIANSHIP AND ADMINISTRATION ACT 1993 - SECT 15A

15A—Mediation

        (1)         The Registrar may, on his or her own initiative, provide preliminary assistance in resolving any proceedings before the Board, including—

            (a)         ensuring that the parties to the proceedings are fully aware of their rights and obligations; and

            (b)         identifying the issues (if any) that are in dispute between any of the parties to the proceedings; and

            (c)         canvassing options that may obviate the need to continue the proceedings; and

            (d)         where appropriate, facilitating full and open communication between the parties to the proceedings.

        (2)         Before or during the hearing of any proceedings before the Board, the Board, the President or a Deputy President may, with or without the consent of the parties to the proceedings, refer the proceedings or any issues arising in the proceedings to the Registrar for mediation.

        (3)         The Registrar has, for the purposes of a mediation under subsection (2), the privileges and immunities of a member of the Board and such of the powers of the Board as the Board may delegate.

        (4)         The Board may itself endeavour to achieve a negotiated settlement of any proceedings or resolution of issues arising in any proceedings.

        (5)         A member of the Board involved in an attempt to settle proceedings or to resolve any issues arising in proceedings is not disqualified from taking further part in the proceedings.

        (6)         Evidence of anything said or done in an attempt under this section to settle proceedings or resolve any issues arising in proceedings is not subsequently admissible in the proceedings or in related proceedings except by consent of all parties to the proceedings.

        (7)         Where a matter is settled under this section, the Board may embody the terms of the settlement in an order.



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