If the mediation was conducted under the Farm Debt Mediation Act 2011, a creditor may request an exemption certificate to commence debt recovery proceedings if the VSBC considers satisfactory mediation has occurred.
However, if the VSBC considers a creditor has refused to mediate, or failed to mediate in good faith, it can issue a prohibition certificate, which prohibits the creditor from taking further recovery action for up to six months.
If the VSBC considers a farmer has refused to mediate, or failed to mediate in good faith, it can issue an exemption certificate to the creditor enabling it to commence recovery action.
All details relating to the process for mediation under the Act can be found on the Department of Economic Development, Jobs, Transport and Resources website.
The farm debt mediation scheme is administered by the Department of Economic Development, Jobs, Transport and Resources -- please contact the Farm Debt Mediation Officer on 136 186 with any questions. For further information about the mediation process, contact the VSBC.
The VSBC mediates farm debt disputes under the Farm Debt Mediation Act 2011.
The legislation seeks to resolve farm debt disputes efficiently and equitably by requiring a creditor to provide a farmer with the option to mediate before taking possession of property or other enforcement action under a farm mortgage.
There are two types of mediation available under the Act. The first is creditor-initiated mediation, which results from a creditor issuing a notice under section 8 of the Farm Debt Mediation Act 2011. The second is farmer-initiated mediation, where a farmer takes the initiative to request mediation with their creditor.
Read more about the VSBC's farm debt mediation role here.