Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsin division 5.3, insert
35A Admissibility of information given at mediation
Evidence of mediation material is not admissible in a proceeding under this Act except in accordance with the Evidence Act 2011
, section 131 (Exclusion of evidence of settlement negotiations).
35B Secrecy
(1) A person who is or has been an accredited mediator must not disclose mediation material.
(2) However, this section does not apply if—
(a) the disclosure is required under a territory law or Commonwealth law; or
(b) the disclosure is made with the consent of the parties to mediation; or
(c) the disclosure is made with the consent of the person who gave the material to the accredited mediator; or
(d) the person mentioned in subsection (1) believes on reasonable grounds that—
(i) a person's life, health or property is under serious and imminent threat and the disclosure is necessary to avert, or mitigate the consequences of, its realisation; or
(ii) the disclosure is necessary to report to the appropriate authority the commission of an offence or prevent the likely commission of an offence.
(3) In this section:
"offence "means an offence involving—
(a) violence, or the threat of violence, to a person; or
(b) intentional damage, or the threat of intentional damage, to property.
35C Protection from defamation
The same privilege in relation to defamation that applies to judicial proceedings applies to—
(a) mediation; or
(b) mediation material—
(i) produced at mediation; or
(ii) given to an accredited mediator for arranging, conducting or following up mediation.