Document ID: chunk:federal_register_of_legislation:C2005A00038:clause:1_34e
Version: federal_register_of_legislation:C2005A00038
Segment Type: clause
Provision Reference: sch 1 cl 34E
Character Range: 52220–53383

34E  Evidence not admissible

 (1) Evidence of anything said, or any act done, at an alternative dispute resolution process under this Division is not admissible:
 (a) in any court; or
 (b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or
 (c) in any proceedings before a person authorised by the consent of the parties to hear evidence.

Exceptions

 (2) Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of particular evidence if the parties agree to the evidence being admissible at the hearing.

 (3) Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of:
 (a) a case appraisal report prepared by a person conducting an alternative dispute resolution process under this Division; or
 (b) a neutral evaluation report prepared by a person conducting an alternative dispute resolution process under this Division;
unless a party to the proceeding notifies the Tribunal before the hearing that he or she objects to the report being admissible at the hearing.