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.


 

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