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:
- a copy of Form 2 to allow the farmer to request mediation
- the farm debt mediation information brochure
- the mediation guide
- the contact list for the Victorian Rural Financial Counselling service
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
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
The prohibition certificate (Form 11) will be issued by the Small Business Commissioner if all requirements are met.