Administrative Appeals Tribunal Act 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 3 - Alternative dispute resolution processes  

SECTION 34E   EVIDENCE NOT ADMISSIBLE  

34E(1)   [Inadmissibility of evidence]  

Evidence of anything said, or any act done, at an alternative dispute resolution process under this Division is not admissible:


(a) in any court; or


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


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

34E(2)   Exceptions.  

Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of particular evidence if the parties agree to the evidence being admissible at the hearing.

34E(3)   [Exceptions - reports]  

Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of:


(a) a case appraisal report prepared by a person conducting an alternative dispute resolution process under this Division; or


(b) a neutral evaluation report prepared by a person conducting an alternative dispute resolution process under this Division;

unless a party to the proceeding notifies the Tribunal before the hearing that he or she objects to the report being admissible at the hearing.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.