RECOMMENDATION 1
The CJCs Act should include an objects clause that states that the purpose of CJCs is to provide dispute resolution and conflict management services including the mediation of disputes and matters incidental to the provision of such services, such as:

• the training of mediators;
• the promotion of alternative dispute resolution; and
• contributing to the development of alternative dispute resolution in NSW by the establishment of connections and partnerships with the legal profession, courts and tribunals, the academic sector and other providers of alternative dispute resolution services.

RECOMMENDATION 2
Community Justice Centres should be renamed.

RECOMMENDATION 3
The CJCs Council’s role should be to:

• develop the strategic direction of CJCs;
• endorse policies for CJCs, including standards and codes of practice;
• promote the role of CJCs in the wider mediation community; and
• provide advice, where required, to the Director of CJCs and to the Attorney General on the operation of the CJCs Act, dispute resolution generally and the provision of mediation services.

• one practising mediator currently accredited with CJCs (appointed by the Attorney General);
• two practising mediators currently accredited with other New South Wales mediation service providers (appointed by the Attorney General after consultation with relevant peak bodies and service providers);
• a magistrate (appointed by the Attorney General after consultation with the Chief Magistrate);
• two academics with a record of interest in alternative dispute resolution (appointed by the Attorney General); and
• the Director of CJCs (ex officio).

The chairperson should be chosen by the Attorney General from among those appointed to the Council.

RECOMMENDATION 5
Section 10(2), s 11(1), s 16(2), s 20(1) and s 21(1) of the CJCs Act should be amended to remove the power of the Council to make determinations or issue directions to the management of CJCs.

RECOMMENDATION 6
a) Section 8 of the CJCs Act should be repealed.

b) Section 9 of the CJCs Act should be repealed.

c) Section 31(1) of the CJCs Act should be amended so that the Council shall endorse, rather than prepare, the CJCs annual report.

RECOMMENDATION 7
The CJCs Act should include a list of the following factors that must be taken into account when considering whether a particular dispute is suitable for mediation:

• the safety of all parties to the mediation;
• any ADVOs or APVOs that may have been granted or that are pending;
• the degree of equality (or otherwise) in the bargaining power of the parties;
• the occurrence of violence and/or the risk of future violence between the parties or between one of the parties and a third party (including children of the relationship);
• the mental, physical and psychological state of the parties;
• the relationship between the parties;
• whether one of the parties may be using the mediation tactically to gain delay or some other improper advantage;
• the extent to which the issues in dispute are related to any violence between the parties;
• whether the party who has committed or threatened violence is a child; and
• any other matter relevant to the proposed mediation and the parties.

RECOMMENDATION 9
Section 29(2) of the CJCs Act should be amended so that a mediator must disclose information obtained in the course of a mediation where there are reasonable grounds to suspect that a child may be at risk of harm.

RECOMMENDATION 10
Section 28(6)(a) should be amended to remove the requirement of consent from persons named during mediation or named in documents used during the mediation so that only persons in attendance at the mediation session need consent to the admission of evidence or a document in subsequent court proceedings.

RECOMMENDATION 11
The requirement for gazettal of Centres should be removed from the CJCs Act.

RECOMMENDATION 12
References to the “Deputy Director” should be removed from the CJCs Act.

RECOMMENDATION 13
Section 26 of the CJCs Act should be amended to require regular periodic review of the CJCs Act.

RECOMMENDATION 14
Section 17(1) of the CJCs Act should be retained, but relocated as a subsection to s 26 of the CJCs Act. Section 17(2) and s 17(3) of the CJCs Act should be repealed.