Determinations of the Federal Court Part 4
Mediation Division 4
Section 94Q
Person conducting the mediation a consultant
(8) If the person conducting the mediation is a consultant engaged
under subsection 131A(1), a report may only be provided under
this section on the initiative of the person if a presidential member
agrees.
Mediation may continue
(9) If a report is provided under this section, the person conducting the
mediation may continue mediation if he or she considers that it is
appropriate.
94Q Public reporting about breaches of the requirement to act in
good faith
Scope
(1) This section applies if the person conducting a mediation is a
member of the NNTT.
Annual report may include particulars of failure to act in good
faith etc.
(2) If the person considers that a Government party, or that party’s
representative, did not act or is not acting in good faith in relation
to the conduct of the mediation, the report prepared under
section 133 may include particulars of that failure and the reasons
why the person considers that the conduct was not in good faith.
(3) If it is proposed to make an inclusion in the report, the person must
inform the Government party, or that party’s representative, before
doing so.
94R Protection of person conducting the mediation
A person conducting the mediation has, in the performance of his
or her duties as a person conducting the mediation, the same
protection and immunity as a Justice of the High Court.
Compilation No. 47
Native Title Act 1993
291
Compilation date: 25/09/2021
Registered: 22/10/2021
Authorised Version C2021C00450 registered 22/10/2021
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