RECOMMENDATIONS

Recommendation 1

1.61    The committee recommends that the Bill be amended to provide for an inclusive definition of the word 'genuine' to better reflect the intention of the National Alternative Dispute Resolution Advisory Council report.

Recommendation 2

1.64    The committee recommends that the Bill be amended so that the court, when taking into consideration the genuine steps that have been taken by a person when it is exercising its powers or performing its functions, also takes into account the circumstances of disadvantaged litigants.

Recommendation 3

1.66    The committee recommends that the Bill be amended so that information disclosed during the genuine steps obligation cannot be used for any other purpose outside the resolution of the dispute at hand.

Recommendation 4

1.68    The committee recommends that, subject to the recommendations in relation to the definition of the word 'genuine', the consideration of position of disadvantaged litigants and the protection of the privacy of documents, the Senate pass the Bill.

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