Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:2_136a
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 2 cl 136A
Character Range: 325380–326957

136A  Mediation conferences

President to direct conference to be held

 (1) If the Federal Court refers the whole or a part of a proceeding to the Tribunal under section 86B for mediation, the Tribunal may hold such conferences of the parties or their representatives as the Tribunal considers will help in resolving the matter.

Member must preside

 (2) A conference must be presided over by a member of the Tribunal.

Assistance for presiding member

 (3) The member presiding at a conference may be assisted by another member of the Tribunal or by a member of the staff of the Tribunal.

Statements at conference are without prejudice

 (4) In a proceeding before the Court, unless the parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done at a conference.

Member not to take further part in relation to a proceeding

 (5) Unless the parties otherwise agree, a member who presides over, or assists at, a conference in relation to a proceeding may not, in any other capacity, take any further part in the proceeding.

Participation by telephone etc.

 (6) The presiding member may allow a person to participate by:
 (a) telephone; or
 (b) closed‑circuit television; or
 (c) any other means of communication.

Division applies as if consultant were a member

 (7) If a consultant is engaged under subsection 131A(1) to conduct mediation in relation to a particular matter under this Division, this Division applies in relation to that matter as if the consultant were a member of the Tribunal.