13R. Failure to comply with mediation direction

A person served a direction under section 13M(1) (called in this section a mediation direction) commits an offence if he or she does not attend the mediation (personally or by a representative) at the time specified in the direction.

A person (A) who attends a mediation (personally or by a representative) at a time specified in a mediation direction commits an offence if A or A’s representative (as the case may be) withdraws from the mediation before the person conducting the mediation in accordance with that direction allows A or A’s representative (as the case may be) to do so.

It is a defence for any person charged with an offence for contravening subsection (1) or (2) to prove that the person had a reasonable excuse for the contravention.

A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $1,500.

In this section, “representative”, in relation to a person A who is served a mediation direction, means another person permitted, under section 14 of the Community Mediation Centres Act 1997 or under a prescribed written law, to represent A at the mediation.