Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p107
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 107/154)
Character Range: 472558–475102

the question is referred by the mediator of the mediator's own motion—the party appointed by the mediator to have carriage of the proceeding.

34.116  Party having carriage of proceeding—referral by NNTT
  For a reference under section 145(1) of the Native Title Act, the party having carriage of the proceeding is:
 (a) if the question is referred by the NNTT at the request of a party—that party; and
 (b) if the question is referred by the NNTT of its own motion—the party appointed by the NNTT to have carriage of the proceeding.

34.117  Referral of questions about whether a party should cease to be a party
 (1) A referral under section 94J of the Native Title Act must be in accordance with Form 110.
 (2) The referral must be accompanied by all documents that are necessary to enable the Court to consider the question raised by the referral.
 (3) The referral must be settled by the mediator.
 (4) The mediator must provide a copy of the referral to each of the following:
 (a) a Registrar;
 (b) the party to whom the referral relates;
 (c) the applicant to the main application;
 (d) each State and Territory that has jurisdiction over the area to which the main application relates.
Note 1: On receipt of the referral, a Registrar will fix a return date and place for hearing and endorse those details on the referral.
Note 2: A Registrar will notify the person conducting the mediation and the parties mentioned in rule 34.117(4) of the return date and place.

34.118  Report about breaches of good faith requirement
 (1) If a mediator wants to report to the Court that a party, or the party's representative, did not act or is not acting in good faith in relation to the conduct of a mediation, the report must:
 (a) be in writing; and
 (b) describe the conduct of the party or the party's representative that is the subject of the report; and
 (c) refer to any evidence of the conduct mentioned in paragraph (b); and
 (d) state why the mediator considers the conduct to be a failure to act in good faith.
Note: If a person conducting a 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 presiding member may report the failure to the Court—see sections 94P(4) and (5) of the Native Title Act.
 (2) The report must be provided to a Registrar in a sealed envelope that is marked 'Confidential'.
 (3) The report must only be provided to the Court if the presiding member of the NNTT or a party to the main application seeks to