Administrative Review Tribunal Act 2024 (40 of 2024)

Part 4   Proceedings

Division 6   Tribunal powers

Subdivision C   Dispute resolution processes

88   Evidence in dispute resolution process not admissible elsewhere

General rule

 

(1) Evidence of anything said, any act done or any information disclosed at or for the sole purpose of a dispute resolution process is not admissible:

(a) in a proceeding in the Tribunal; or

(b) in any court; or

(c) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or

(d) in any proceedings before a person authorised by the consent of the parties to hear evidence.

Exception - agreement of parties

      

(2) Subsection (1) does not prevent the admission, at a proceeding in the Tribunal, of particular evidence if each party to the proceeding to which the dispute resolution process relates (other than a non-participating party to that dispute resolution process or that proceeding) agrees to the evidence being admitted.

Exception - certain reports admissible

      

(3) Subsection (1) does not prevent the admission, at a proceeding in the Tribunal, of a report prepared by a person conducting a dispute resolution process in the form of a neutral evaluation.

      

(4) However, subsection (3) does not apply if, before the start of the hearing of the proceeding, a party to the proceeding to which the dispute resolution process relates notifies the Tribunal that the party objects to the report being admitted.