ISSUE 1
What place do CJCs have in the mediation industry in New South Wales?

ISSUE 2
Does the definition of “mediation” in the CJC Act need to be changed?

ISSUE 3
(a) Should an objects clause be included in the CJC Act?

(b) If, so, what objects should it contain?

ISSUE 4
(a) Should CJCs have functions beyond the provision of mediation services?

(b) If so, what recognition, if any, needs to be accorded in the CJC Act to services other than mediation?

ISSUE 5
Should reference be made in the objects to the provision of mediation services to minorities or disadvantaged groups?

ISSUE 6
Should any matters be specifically excluded from the range of matters that can be the subject of a CJC mediation?

ISSUE 7
To what extent should CJCs provide mediation in Apprehended Violence Order proceedings?

ISSUE 8
Should any commercial disputes be excluded from CJC mediations?

ISSUE 9
(a) Should CJCs be required to deal with compulsory mediations?

(b) Should special provision be made to deal with the possibility that mandatory mediations may be referred to CJCs?

ISSUE 10
What implications would a requirement to mediate in good faith have for CJC mediators when dealing with compulsory mediations?

ISSUE 11
In what circumstances should a mediation be terminated?

ISSUE 12
Should lawyers who are not parties to the mediation have any role in mediations conducted by CJCs?

ISSUE 13
What provision should be made for parties who are not able to take part in CJC mediations effectively on their own account, in particular in relation to:

(a) the presence of support persons in the mediation; and

(b) the representation of their own interests in the mediation?

ISSUE 14
(a) Should there be CJCs that cater for particular communities in addition to the geographically based CJCs?

(b) Are there other ways in which CJCs can make better provision for the needs of particular communities?

ISSUE 15
Should CJCs make use of court facilities for mediation and administrative support?

ISSUE 16
(a) Are CJC mediators sufficiently representative of the communities in which they operate?

(b) Should the aim of recruiting mediators who reflect the community in which they operate be included in legislation?

(c) Should special provision be made for the representation of minority groups on CJC mediator panels?

ISSUE 17
(a) What qualifications, training and experience ought to be required for people to become CJC mediators?

(b) Should a system be established for the recognition of training and experience gained in mediation that is not conducted by CJCs?

ISSUE 18
(a) Should continuing education/training be required for CJC mediators?

(b) If so, what should be the content of such courses?

(c) Should legislation prescribe any such content?

ISSUE 19
What provision, if any, should be made for the accreditation and evaluation of CJC mediator training programs?

ISSUE 20
Should CJC mediators be employed under the Public Sector Management Act 1988 (NSW) or should they continue to be ministerial appointees?

ISSUE 21
How should the remuneration of mediators be structured?

ISSUE 22
(a) What standards should be applied to CJC mediators?

(b) How should these standards be imposed?

(c) How should CJC mediators’ compliance with standards be assessed?

ISSUE 23
What issues should be addressed in codes of practice for CJC mediations?

ISSUE 24
(a) What provision, if any, should be made for the development of codes of practice for CJC mediations?

(b) Who should have a role in developing these codes of practice?

ISSUE 25
(a) Should provision be made for participants to provide feedback concerning the conduct of CJC mediations?

(b) Should provision be made for the enforcement of codes of practice for CJC mediations?

ISSUE 26
What provisions, if any, are required with respect to the impartiality of CJC mediators?

ISSUE 27
What provision, if any, should be made to prevent mediation outcomes that are discriminatory, unethical, illegal or otherwise against public policy?

ISSUE 28
(a) Should the scope of the immunities currently offered by the Act be increased or reduced?

(b) What account should be taken of the rights of the parties to a CJC mediation in providing any immunities?

ISSUE 29
Should the requirement that CJC mediators swear an oath be removed from the confidentiality provisions of the CJC Act?

ISSUE 30
(a) What exceptions, if any, should apply to the confidentiality provisions under the CJC Act?

(b) Should any list of exceptions specifically include the protection of children?

(c) When confidentiality is waived by consent, whose consent should be required?

ISSUE 31
Should the Ombudsman be able to investigate the conduct of CJC mediators during mediations?

ISSUE 32
(a) In what circumstances should it be possible to allow evidence raised in or in relation to a CJC mediation to be admitted in legal proceedings?

(b) If evidence is to be admissible with consent, whose consent should be required?

ISSUE 33
Should officers of CJCs have immunity if they conceal a serious indictable offence without reasonable cause in respect of any information obtained in connection with the administration or execution of the CJC Act?

ISSUE 34
Should it be possible to enforce agreements entered into at the end of a CJC mediation?

ISSUE 35
(a) Should the CJCs Council be retained?

(b) If so, what should its role(s) be?

(c) Should it have a more general role of advising the Attorney General on dispute resolution matters?

ISSUE 36
(a) Who should be members of the CJCs Council?

(b) If there is to be a broader advisory council on dispute resolution matters, who should its members be?

ISSUE 37
Is the CJCs Council, however constituted, necessary in light of the role and functions of the CJCs Professional Reference Group, Training Group and Aboriginal and Torres Strait Islander Network?

ISSUE 38
Should the requirement for gazettal of CJCs be removed?

ISSUE 39
(a) Is there a need for greater coverage by CJCs?

(b) If so, how should the need be met?

ISSUE 40
Should references to the “Deputy Director” be removed from the Act?

ISSUE 41
Should the Director of CJCs be “subject to the control and direction of the Council”?

ISSUE 42
Should the provision relating to the keeping of records and access to them be removed from the CJC Act?

ISSUE 43
(a) Should it be possible for CJCs to require payment for its services?

(b) For what services and in what circumstances should payments be allowed?

ISSUE 44
Should a clause requiring periodic review be inserted in the CJC Act?

ISSUE 45
Do CJCs need to raise their profile?

ISSUE 46
(a) Should Community Justice Centres be renamed?

(b) If so, what should they be called?

ISSUE 47
(a) What are the needs of Indigenous people in relation to the activities of CJCs?

(b) Are the services that are currently provided to Indigenous people by CJCs appropriate?

(c) How could CJCs better meet the needs of Indigenous people?

ISSUE 48
What provision, if any, should be made to ensure there are adequate numbers of Indigenous mediators for CJCs?

ISSUE 49
Is the CJCs Aboriginal and Torres Strait Islander Network the best mechanism for CJCs to identify and meet the needs of Indigenous people?

ISSUE 50
(a) Should Indigenous CJCs be established?

(b) If so, who should be involved in their operation and to what extent?

(c) What adaptations should be made to meet the needs of Indigenous people?

ISSUE 51
How should CJCs liaise with Indigenous people and communities?

ISSUE 52
(a) Should provision be made for the representation of Indigenous people on the CJCs Council?

(b) If so, what should the criteria be for such a representative?

ISSUE 53
Should reference be made, by way of an objects clause in the CJC Act, to the provision of mediation services to Indigenous people and communities?