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Clause 127

provides a discretion to the court to direct the parties to a committal proceeding to appear at a committal case conference. The clause specifies that the conference be conducted by a magistrate and that, when practicable, should be conducted on the committal mention hearing date. Subclause (3) sets out that certain evidence is not admissible in any proceeding before a court, tribunal or inquiry where evidence may be given before a person acting judicially unless the parties to a committal case conference agree to the giving of the evidence. This is intended to facilitate open and frank discussion between the parties with the aim of resolving matters at an early stage without proceeding to a committal hearing. This clause is based on clause 4A of Schedule 5 to the Magistrates' Court Act 1989. Clause 127(3) of the Bill is a new provision which is designed to protect the confidentiality, and promote the candour, of the discussions held as part of the case conference.