Farm Business Debt Mediation

Either the farmer or the mortgagee can initiate mediation by:

• the mortgagee serving an Enforcement Action Notice along with a copy of the mediation information package to the farmer; or
• the farmer giving a Request for Mediation Notice to the mortgagee whether or not they are in default. This request does not necessarily need not be in the approved form.

Find an accredited mediator on the Farm Business Debt Mediation page.

There is no prescribed timeframe and mediation may involve one or more meetings. The mediator can provide more specific information as it generally depends on what is agreed by the parties to mediation.

This is included under the ‘key definitions’ link which details the criteria for the application of the Act.

• On receipt of a Form 4 Application for Exemption Certificate (exemption from obligation to offer mediation) from a mortgagee, the authority (QRIDA) will issue a Notice S50 Show Cause to the farmer who has 20 business days to make written representation to show why an exemption certificate should not be issued.
• On receipt of written representations from the farmer, QRIDA will provide a copy to the mortgagee and then decide the application within 20 business days after the end of the show cause period.
• Once QRIDA decides the application, a Notice S52 Decision for Exemption Certificate will be provided to both parties. The outcome is a decision to either approve or refuse the application for an exemption certificate. No other directions or decisions are provided.
• Dependant on the outcome, either party is entitled to a review (an internal review) of this decision. This is done by completing a Form 7 Request for Internal Review of Original Decision within 20 business days from the day notice was given.
• Per Section 77(2) of the Act, the original decision does not take effect until the chief executive decides a review application or the end of the last day to apply for an internal review.

It is a process to provide an efficient and equitable way for farmers and mortgagees to attempt to resolve matters relating to farm business debts.

A person can apply for an internal review of the original decision, in the approved form, to the chief executive officer within 20 business days after the day the person has been given the information notice for the decision or if the person has not been given an information notice for the decision – the day the person becomes aware of the decision.

• On receipt of a Form 3 Application for Enforcement Action Suspension Certificate (stop the mortgagee taking enforcement action) from a farmer, the authority (QRIDA) will issue a Notice S41 Show Cause to the mortgagee who has 20 business days to make written representation to show why an enforcement action suspension certificate should not be issued.
• On receipt of written representations from the mortgagee, QRIDA will provide a copy to the farmer and then decide the application within 20 business days after the end of the show cause period.
• Once QRIDA decides the application a Notice S43 Decision for Enforcement Action Suspension Certificate will be provided to both parties. The outcome is a decision to either approve or refuse the application for an Enforcement Action Suspension Certificate. No other directions or decisions are provided.
• Dependant on the outcome, either party is entitled to a review (an internal review) of this decision. This is done by completing a Form 7 Request for Internal Review of Original Decision within 20 business days from the day notice was given.
• Per Section 77(2) of the Act, the original decision does not take effect until the chief executive decides a review application or the end of the last day to apply for an internal review.

10 business days.

The parties to mediation are the mortgagee, the farmer and the mediator. Other participants are advisors, who may be your accountant, solicitor, your local Rural Financial Counsellor or some other appropriately qualified person.

A Heads of Agreement can be revoked by completing a Notice S29 Revoking Head of Agreement.

Mediation meetings are to be conducted at a place and time that is reasonably convenient to the farmer.

Mediators are accredited by QRIDA and are an independent third party who facilitates the negotiation by the parties of their own solution to the dispute. Find a mediator here.

If the farmer wishes to proceed to, or enter into mediation, a response to this notice should be lodged in the form of a Request for Mediation Notice under Section 15 of the Act.

30 business days.

You cannot rely on anything said or done at mediation or notes prepared beforehand and relied on by parties including the mediator at mediation.

The farmer is allowed 20 business days after the day the Enforcement Action Notice is served on the farmer. If the farmer does not ask for mediation within this time, the mortgagee may apply for an exemption certificate to proceed with enforcement action under the farm mortgage.

The farmer will need to check their balance/s and if this occurs raise it with the mortgagee first and then if not satisfied, raise it with QRIDA.

The cost usually includes the mediator’s fees, mediator’s out of pocket expenses such as travel, accommodation, phone and facsimile costs, together with any hire fee for the venue. The fee rate usually charged by the mediator is published on the Register of Mediators.

Each party to a mediation must pay -

(a) the party’s own costs for the mediation and

(b) half of the mediator’s fee and costs for the mediation.

It is subject to certain exemptions provided for in the Act. Confidentiality applies to matters discussed or agreed at mediation meetings including anything done for the purpose of arranging or following up a mediation.

Visit the QRIDA forms and downloads page or read about what forms are listed in the Mediation Information Package (PDF, 294KB).

If after reasonable attempts an agreement cannot be reached at mediation, the mortgagee may make application to QRIDA for an Exemption Certificate. If the application is approved, the farmer has the right of review of this decision.

On the basis that a mediator has been agreed to, it is the responsibility of the mortgagee to then ask the chosen mediator to arrange the mediation. This includes the time and location of the mediation and the coordination of mediation meetings.

A written representation is required that needs to be provided to QRIDA within 20 business days from receipt of the notice.

The farmer is responsible for nominating three (3) mediators in order of preference from the Register of Mediators.

Both the farmer and the mortgagee should keep accurate records and evidence of the service of notices together with copies of all notices served or given on each other.