Commonwealth Consolidated Acts

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 88

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.