Commonwealth Consolidated Acts Commonwealth Consolidated ActsReferral by the Federal Court on its own motion
(1) The Federal Court may, on its own motion, refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding.
Referral by the Federal Court on request
(2) The Federal Court may refer for review by the Tribunal the issue of whether a native title claim group who is a party in a proceeding holds native title rights and interests, as defined in subsection 223(1), in relation to land or waters within the area that is the subject of the proceeding if:
(a) the issue arises in the course of mediation in relation to the proceeding; and
(b) the person conducting the mediation requests the Court to refer the issue for review by the Tribunal.
(3) The person conducting the mediation may only make the request if the person considers, after consultation with the parties to the proceeding, that a review of the issue would assist the parties to reach agreement on any of the matters mentioned in subsection 86A(1).
Member must conduct review
(4) A review must be conducted by a member of the Tribunal.
Assistance for member conducting review
(5) The member conducting a review may be assisted by another member of the Tribunal or by a member of the staff assisting the Tribunal.
Parties may give documents and information
(6) A party in the proceeding may give documents or information to the member conducting the review for the purposes of the review. A party who gives documents or information is a participating party .
Statements at review are without prejudice
(7) In a proceeding before the Court, unless the participating parties otherwise agree, evidence may not be given, and statements may not be made, concerning any word spoken or act done in the course of the review.
Member not to take further part in relation to a proceeding
(8) Unless the participating parties otherwise agree, a member who presides over, or assists in, the conduct of a review may not, in any other capacity, take any further part in the proceeding.
Mediation may continue
(9) If an issue has been referred for review under subsection (1), the person conducting the mediation may continue mediation if he or she considers that it is appropriate.
If mediation ceases, review must cease
(10) If mediation ceases by order of the Federal Court under section 86C, the review must cease.
Consultants
(11) If a consultant is engaged under subsection 131A(1) to conduct the mediation in relation to the proceeding, this Division applies as if the consultant were a member of the Tribunal.
(12) If a consultant is engaged under subsection 131A(1) to conduct a review under this Division, this Division applies in relation to that review as if the consultant were a member of the Tribunal.