Part 4 Determinations of the Federal Court
Division 4 Mediation
Section 94P
Reports to legal professional bodies
(2) If the person conducting the mediation considers that a legal
practitioner did not act or is not acting in good faith in relation to
the conduct of the mediation, the person may report that failure to
the relevant State or Territory legal professional body that issued
the legal practitioner with a practising certificate.
(3) For the purposes of a report made under subsection (2),
subsection 94D(4) does not apply to the extent that words spoken
or acts done at a conference under section 94D relate to the failure
mentioned under subsection (2) of this section.
Reports to the Federal Court
(4) If the person conducting the mediation considers that a party, or the
party’s representative, did not act or is not acting in good faith in
relation to the conduct of the mediation, the person may, despite
subsection 94D(4), report that failure to the Federal Court (whether
or not a report is also provided as mentioned in subsection (1) or
(2) of this section).
What a report must include
(5) A report must include:
(a) the details of the failure to act in good faith; and
(b) the context in which the conduct took place.
Copy of report to be provided to the person to whom it relates
(6) At the time that a report is provided as mentioned in subsection (1),
(2) or (4), a copy of the report must also be provided to the person
to whom it relates.
Person conducting the mediation not a consultant
(7) If the person conducting the mediation is not a consultant engaged
under subsection 131A(1), a report may only be provided under
this section on the initiative of the person.
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Compilation No. 47
Native Title Act 1993
Compilation date: 25/09/2021
Authorised Version C2021C00450 registered 22/10/2021
Registered: 22/10/2021
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