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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 23 (2003) - Community Justice Centres

Issues Paper 23 (2003) - Community Justice Centres

Contents

Terms of reference
Participants
Submissions
Issues

1. Introduction

TERMS OF REFERENCE
BACKGROUND

    Reasons for community mediation
    Community mediation in NSW before 1980
    Establishment of CJCs
OUTLINE OF THE CJC ACT
COMMUNITY MEDIATION IN OTHER AUSTRALIAN JURISDICTIONS
    Queensland
    Victoria
    Australian Capital Territory
    Other States
CJCs’ PLACE IN THE MEDIATION “INDUSTRY”
THE EXTENT OF GOVERNMENT INVOLVEMENT
    Forms of regulation

2. Provision of mediation services

DEFINITION OF MEDIATION
AN OBJECTS CLAUSE?

    Provision of other services?
    Services to minorities or disadvantaged groups
REFERENCE OF DISPUTES TO MEDIATION
    Types of disputes
    Means of referring disputes
ASSIGNMENT OF MEDIATIONS
CONSENT AND PARTICIPATION OF THE PARTIES
    Mandatory mediation
    Continuing participation
INVOLVEMENT OF OTHER PARTIES
    Presence of lawyers
    Support and representation of parties
CULTURALLY-BASED COMMUNITY-SPECIFIC SERVICES
INTERACTION WITH OTHER AGENCIES
    Memorandums of understanding
    Relationship with Local Courts

3. Mediators

MEDIATOR SELECTION

    Representativeness
ACCREDITATION AND TRAINING
    Qualifications, training and experience
    Continuing education
    Assessing the training programs
STATUS AND REMUNERATION
    Status of CJC mediators
    Remuneration
COMPETENCY STANDARDS
    CJCs’ Competencies for Mediators
    NADRAC
    United Kingdom College of Family Mediators
CODES OF PRACTICE
    The role of codes of practice
    CJC regulation of practice
    Coverage of codes of practice
    Establishing codes of practice
ENFORCEMENT OF STANDARDS, CODES AND GUIDELINES
    Consumer choice/market regulation
IMPARTIALITY OF MEDIATORS
PREVENTING UNDESIRABLE OUTCOMES

4. Protections

EXONERATION FROM LIABILITY

    Mediators and other officers and staff of CJCs
    Members of the Police Service
CONFIDENTIALITY
    Review by the Ombudsman
PRIVILEGES
    Defamation
    Admissibility of evidence
    Concealing a serious indictable offence
NON-ENFORCEABILITY OF OUTCOMES

5. Administrative framework

COMMUNITY JUSTICE CENTRES COUNCIL

    Functions
    Relationship to current management structure
    Membership
    Future role for the Council
REFERENCE GROUPS AND NETWORKS
    Professional Reference Group
    Training Group
CENTRES
    Statewide services
DIRECTORS AND DEPUTY DIRECTORS
RECORDS
PAYMENT FOR SERVICES
EVALUATIONS
PUBLICITY
RENAMING COMMUNITY JUSTICE CENTRES?

6. Services to Indigenous people

TERMS OF REFERENCE
MEDIATION AND THE NEEDS OF INDIGENOUS PEOPLE
CURRENT PROVISION

    Mediation and training program
    Aboriginal and Torres Strait Islander Network
    Other agencies
INDIGENOUS CJCs
LIAISON WITH INDIGENOUS PEOPLE
REPRESENTATION ON THE CJCs COUNCIL
INCLUSION IN AN OBJECTS CLAUSE?

Appendix A: Preliminary submissions

TABLES

Table of legislation
Table of cases

Bibliography



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