Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 6 - Tribunal powers  

Subdivision C - Dispute resolution processes  

SECTION 88   EVIDENCE IN DISPUTE RESOLUTION PROCESS NOT ADMISSIBLE ELSEWHERE  
General rule

88(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

88(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

88(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.

88(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.