Document ID: chunk:federal_register_of_legislation:C2009A00083:clause:1_12
Version: federal_register_of_legislation:C2009A00083
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 5880–7401

12  Subsection 86B(5)
Repeal the subsection, substitute:

Whole or part of a proceeding may be referred at any time
 (5) In addition to referring a proceeding for mediation under subsection (1), the Court may, at any time in a proceeding, refer the whole or a part of the proceeding to an appropriate person or body for mediation if the Court considers that the parties will be able to reach agreement on, or on facts relevant to, any of the matters set out in subsection 86A(1) or (2).
 (5A) In deciding whether to refer the whole or part of the proceeding to a particular person or body, the Court may take into account the training, qualifications and experience of the person who is to be, or is likely to be, the person conducting the mediation.
 (5B) Without limiting subsection (5), the whole or part of the proceeding may be referred to the Registrar, a Deputy Registrar, a District Registrar or a Deputy District Registrar of the Court.

Orders about how mediation is to be provided etc.
 (5C) If the Court refers, under subsection (1) or (5), the whole or a part of a proceeding to a person or body for mediation, the Court may at any time after the referral make an order about the following matters:
 (a) the way in which the mediation is to be provided;
 (b) whether the person who is to conduct the mediation may be assisted by another individual;
 (c) any other matter that the Court considers relevant.
Note: The following heading to subsection 86B(6) is inserted "No other referral for mediation etc.".