Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_136d
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 136D
Character Range: 328109–329538

136D  Referral of questions of fact or law

Reference of questions to Federal Court

 (1) Subject to subsections (2) and (3), if the presiding member considers that it would expedite the reaching of an agreement on any matter that is the subject of mediation, he or she may refer to the Federal Court a question of fact or law relating to a proceeding that arises during the mediation.

Note: Under subsection 86D(1), the Federal Court may determine a question of fact or law that the NNTT refers to it.

Presiding member not a consultant

 (2) If the presiding member is not a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:
 (a) on the initiative of the presiding member; or
 (b) at the request of a party, if the presiding member agrees.

Presiding member a consultant

 (3) If the presiding member is a consultant engaged under subsection 131A(1), the question may only be referred to the Court under subsection (1) of this section:
 (a) on the initiative of the presiding member, if a presidential member agrees; or
 (b) at the request of a party, if both the presiding member and a presidential member agree.

Mediation may continue

 (4) If a question of fact or law arising during mediation has been referred to the Court under this section, the presiding member may continue mediation if he or she considers that it is appropriate.