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Forms for Mediation

Forms for creditors initiating mediation

Notice of availability of mediation

To initiate mediation the creditor sends Form 1 to the farmer.
Form 1 Section 8 Notice to Farmer - Notice of Availability of Mediation

Form 1 advises the farmer:

  • that the creditor intends to take enforcement action
  • mediation between the farmer and the creditor is available
  • the farmer has 21 days from the date the notice was given to request mediation.

Along with Form 1 the creditor is required to also include:

Request for mediation concerning farm debt

To accept the offer to mediate, the farmer sends Form 2 to the creditor.

Farmers have 21 days to respond to the offer to enter into mediation with their creditor.
Form 2 Section 9 Notice to Creditor/Bank - Request for Mediation Concerning Farm Debt

Notice to Department of Primary Industries (DPI) that mediation is required

Once the creditor receives notice that the farmer wishes to participate in mediation the creditor sends Form 3 to DPI with a copy of Forms 1 and 2.
Form 3 Section Notice to the Department of Primary Industries that Mediation is Required

Request for an exemption certificate

Application for exemption certificate under Section 15

If the creditor wishes to apply for an exemption certificate, they send Form 4 to the Small Business Commissioner.
Form 4 Application for Exemption Certificate under Section 15

Exemption Certificate

The exemption certificate (Form 5) will be issued by the Small Business Commissioner if all requirements are met.

Farmer does not wish to proceed with mediation

Decision not to enter into or proceed with mediation

At any stage the farmer may send Form 6 to DPI or their creditor if they do not wish to participate or continue mediation.
Form 6 To Creditor of Department of Primary Industries of Decision not to Enter into or Proceed with Mediation

Forms for farmers initiating mediation

Notice to creditor request for farmer-initiated mediation concerning farm debt

To initiate mediation a farmer may send Form 7 to their creditor. The farmer does not have to be in default to request mediation.
Form 7 Section 9(2) Notice to Creditor Request for Farmer-initiated Mediation Concerning Farm Debt

Agreement to enter into farmer-initiated mediation/ or refusal of request to enter farmer-initiated mediation

If the creditor wishes to accept or decline a farmer’s offer to enter into mediation, the creditor can send Form 8 to the farmer.

The creditor has 21 days to respond to an offer to enter into mediation with the farmer.
Form 8 Section 10(1) Notice to Farmer Agreement to Enter into Farmer-initiated Mediation/ or Refusal of Request to enter Farmer-initiated Mediation

Notice that farmer-initiated mediation is required in respect of farm mortgage

When the creditor and the farmer agree to enter into mediation, the creditor sends Form 9 to DPI with a copy of Forms 7 and 8.
Form 9 Notice that Farmer initiated Mediation is Required in Respect of Farm Mortgage

Farmer request for prohibition certificate

Application for prohibition certificate

If the farmer wishes to apply for a prohibition certificate, the farmer sends Form 10 to the Small Business Commissioner.
Form 10 Application for Prohibition Certificate Under Section 13

Prohibition certificate

The prohibition certificate (Form 11) will be issued by the Small Business Commissioner if all requirements are met.