South Australian Repealed Acts

This legislation has been repealed.

CHICKEN MEAT INDUSTRY ACT 2003 - SECT 26

26—Mediation

        (1)         Subject to subsection (2), the Registrar must, if asked by the processor or grower, refer the dispute to mediation.

        (2)         The Registrar need not refer a dispute to mediation if the Registrar considers that—

            (a)         the parties have not undertaken sufficient negotiations in relation to the subject matter of the dispute or have not undertaken negotiations in good faith; or

            (b)         it is highly unlikely that the dispute would be resolved through mediation; or

            (c)         the subject matter of the dispute is trivial, misconceived or lacking in substance; or

            (d)         there are other good reasons why the dispute should not be referred to mediation.

        (3)         The mediation must be conducted by—

            (a)         a person agreed to by the parties; or

            (b)         if the parties cannot agree on a mediator, the Registrar or some other person appointed by the Registrar who is, in the opinion of the Registrar, suitably qualified to mediate the dispute.

        (4)         The costs of a mediation—

            (a)         must be determined in accordance with a scale approved by the Registrar; and

            (b)         must be borne by the parties in proportions determined by the mediator; and

            (c)         will be recoverable by the mediator as a debt.

        (5)         Nothing in this section affects any rights or remedies to which a party to the dispute may be entitled.