Terms and Conditions

---

TERMS AND CONDITIONS

Human Rights Advocates Australia (HRAA / HRA Australia)

1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern the use of this website and the services provided by Human Rights Advocates Australia (HRAA / HRA Australia) (“HRAA”, “we”, “our”, “us” (ABN 410 124 758 28).

By accessing our website, submitting a Client Registration Form, engaging our services, or making any payment, you confirm that you have read, understood, and agree to be bound by these Terms.

2. Our Services

HRAA provides the following services:

1. Advocacy Services
2. Nationally Accredited Mediation Services (conducted in accordance with recognised professional standards)
3. Community Notification and Public Awareness Services

Each service is distinct in nature and professional obligations.

PART A – ADVOCACY SERVICES

3. Advocacy Services

Advocacy services may include:

• Human rights-based guidance and support
• Assistance drafting complaints
• Negotiation support
• Referral pathways
• Strategic awareness support

Advocacy is not legal representation unless expressly stated. Advocacy is not mediation and is not a neutral process.

When providing advocacy services, HRAA acts in the interests of the client.

PART B – MEDIATION SERVICES

4. Mediation Services

Our mediation services are conducted by Nationally Accredited Mediators and adhere to recognised professional practice standards.

Mediation is:

• Voluntary
• Confidential (subject to legal limitations)
• Impartial
• Party-led

The mediator:

• Does not act for either party
• Does not provide legal advice
• Does not determine outcomes
• Facilitates communication and negotiation

We cannot guarantee that parties will reach an agreement.

5. Mediation Services, Outcomes and Legal Documentation

Human Rights Advocates Australia (HRAA) provides mediation and dispute resolution services to assist parties in discussing their concerns, resolving disagreements, negotiating potential outcomes and, where possible, reaching mutually acceptable agreements.

1. Purpose and Scope of Mediation

Mediation is a structured dispute resolution process designed to facilitate communication and negotiation between parties with the assistance of an independent mediator.

The mediator facilitates discussions and assists parties in exploring possible resolutions but does not impose decisions, determine legal rights or guarantee that an agreement will be reached.

2. Where an Agreement Is Reached

Where parties successfully reach an agreement during mediation, Human Rights Advocates Australia prepares a Mediation Agreement documenting the terms agreed upon by the parties.

The Mediation Agreement records the agreed outcome of the mediation process.

Clients acknowledge that a Mediation Agreement does not automatically constitute a Binding Financial Agreement (BFA), consent orders, a court order or another formal legal instrument.

The legal effect and enforceability of a Mediation Agreement depend on its terms, the circumstances of the agreement and applicable law.

3. Where an Agreement Is Not Reached

Where parties are unable to reach an agreement through mediation, Human Rights Advocates Australia prepares a Certificate of Dispute Resolution (CDR).

The CDR records that the dispute resolution process was undertaken and that the parties were unable to reach an agreement.

A CDR does not constitute a legally binding settlement, court order or determination of the dispute. Unless expressly identified as a statutory certificate issued by an appropriately authorised practitioner, it should not be interpreted as satisfying any statutory certification requirement.

4. Binding Financial Agreements and Other Legal Documentation

Clients acknowledge that mediation services do not include the preparation of Binding Financial Agreements (BFAs), consent orders, court applications or other formal legal instruments unless expressly agreed otherwise in writing.

Where parties wish to legally formalise an agreement reached through mediation, regardless of the nature of the dispute, they are responsible for obtaining independent legal advice where appropriate and arranging any additional legal documentation, approvals or court orders required under applicable law.

The preparation of a Mediation Agreement or Certificate of Dispute Resolution does not, in itself, guarantee that a settlement has been legally finalised or that all necessary legal requirements have been satisfied.

5. Legal Advice and Enforceability

Human Rights Advocates Australia provides mediation and dispute resolution services and does not provide independent legal advice as part of its standard mediation service.

Parties are encouraged to obtain independent legal advice before signing any agreement where they are uncertain about their rights, obligations or the legal consequences of the proposed terms.

Some agreements reached through mediation may be legally enforceable without further formalisation, depending on their terms and applicable law. Other agreements may require additional documentation, independent legal advice, statutory formalities or court approval.

Each party remains responsible for understanding the legal implications of any agreement they enter into and obtaining appropriate professional advice where required.

6. Client Acknowledgement

By engaging the mediation services of Human Rights Advocates Australia, clients acknowledge and understand that:

• Mediation is a facilitated dispute resolution process and does not guarantee a successful resolution.
• Where parties reach an agreement, a Mediation Agreement will be prepared documenting the agreed terms.
• Where parties do not reach an agreement, a Certificate of Dispute Resolution will be prepared.
• A Mediation Agreement is not automatically a Binding Financial Agreement, consent orders or a court-approved settlement.
• A Certificate of Dispute Resolution does not constitute a legally binding settlement or determination of the dispute.
• The preparation of BFAs, consent orders and other formal legal instruments is not included in the standard mediation service.
• Additional legal advice, documentation or formalisation may be required depending on the nature of the dispute and the applicable law.

Clients acknowledge that they are responsible for obtaining any independent legal advice and arranging any additional legal documentation necessary to protect their interests or formally finalise their settlement.

6. Intake Disclosure

Before commencing services, HRAA will conduct an intake assessment.

For mediation services, intake disclosure includes:

• Explanation of the mediator’s neutral role
• The voluntary nature of mediation
• Confidentiality and its limits
• The right to seek independent legal advice
• Fees and payment terms
• Conflict of interest assessment
• Suitability assessment

7. Service Suitability Assessment

HRAA reserves the right to assess whether:

• Advocacy is appropriate;
• Mediation is appropriate; or
• Neither service is suitable.

Suitability may depend on:

• Power imbalances
• Safety concerns
• Coercion or undue influence
• Complexity of issues
• Regulatory obligations
• Conflict of interest considerations

8. Change of Service Type After Registration and Payment

Where a client has registered and paid for one service but, following intake, another service is determined more suitable, the following applies:

8.1 Role Change Notice

Where transitioning between from advocacy to mediation:

• A formal Role Change Notice will be issued;
• The previous role will be terminated;
• The new role will be clearly defined;

Where mediation is proposed following advocacy involvement, additional safeguards apply to preserve neutrality.

8.2 Conflict of Interest Assessment

Before any transition to mediation:

• A full conflict of interest assessment will be conducted;
• Any actual or perceived bias will be disclosed;
• Mediation will not proceed where impartiality cannot be maintained.

8.3 Fee Adjustment

Fees already paid may:

• Be credited toward the new service where applicable.

PART C – COMMUNITY NOTIFICATION & PUBLIC AWARENESS

9. Community Notifications

HRAA provides a secure online form where Australians may notify us of matters occurring within their community.

This service is intended to raise awareness of public issues and encourage constructive civic engagement.

Submission of a story:

• Does not create an advocacy or mediation relationship;
• Does not mean HRAA is acting on your behalf;
• Does not establish representation.

Our team reviews submissions carefully and may:

• Contact you for clarification;
• Edit content for clarity or compliance;
• Decline publication.

With your consent, we may publish your story to raise awareness or support lawful calls to action.

Where suitable, HRAA may explore advocacy, mediation, or awareness campaigns. Any such service requires separate intake and agreement.

PART D – FEES & PAYMENTS

10. Pricing

1. All prices are in Australian Dollars (AUD) and inclusive of Goods and Services Tax (GST) where applicable.
2. Prices may change at any time without prior notice.
3. Services will be charged at the price in force at the time the Client Registration      Form is validated.

11. Mediation Fees

1. The parties together or separately are liable for mediator fees as described in the Service Agreement.
2. Fees are payable in advance or via an agreed payment plan.
3. Where paid in advance, a discount may apply.
4. If mediation does not proceed and a Certificate of Dispute Resolution is required, this is included in the mediation fee.

12. Cost Agreement – Payment at Settlement

(Mediation and Advocacy Services)

1. Fixed Fees

Our fees are fixed and clearly set out in the Client Registration Form. By signing the Client Registration Form, the Client agrees to the fixed fee applicable to their matter. Fees are not hourly unless expressly stated in writing.

2. Payment at Settlement

Where agreed, payment of the fixed fee is deferred until settlement of the Client’s matter. “Settlement” includes any financial agreement, mediated outcome, negotiated resolution, court order, or financial benefit received by the Client.

The full fixed fee becomes immediately due and payable upon the Client receiving settlement funds.

3. Acknowledgment of Capacity to Pay

The Client confirms they reasonably expect to receive sufficient funds at settlement to pay our fees in full.

4. Authority to Facilitate Payment

The Client authorises us to provide invoices to their legal representative or relevant party and to request payment directly from settlement proceeds where applicable.

5. If Settlement Does Not Occur

If the matter does not settle, is withdrawn, discontinued, or if the Client terminates our services, the full fixed fee (or proportionate fee where applicable) becomes payable within 7 days of invoice.

6. No Guarantee of Outcome

Our fees are for professional services provided. We do not guarantee any specific outcome.

7. Recovery

Overdue amounts may incur interest as permitted by law. The Client is responsible for reasonable recovery costs if payment is not made when due.

8. Acceptance

By signing the Client Registration Form, the Client accepts these terms and agrees to pay the fixed fee as outlined.

13. Court Filing Fees

If court filing fees are required, both parties will be notified, and payment must be made in advance.

14. Fee Variations

We reserve the right to vary Service Fees at any time. By using our Website or Services, you acknowledge and agree to be bound by these Terms.

15. Continued Mediation Services

1. Where follow-up mediation is required after an agreement has been signed,      additional sessions may be scheduled to address implementation, clarification, or agreed issues.
2. Continued mediation services are provided at an upfront fee of $549 (inclusive of      GST, where applicable).
3. Continued mediation is suitable for breaches of a previous agreement.
4. If new issues arise that were not discussed in the original mediation, a new      mediation service will be required.

PART E – REFUND POLICY

16. Important Refund Terms

A significant portion of fees for mediation and/or advocacy services relates to preparatory work undertaken prior to the session or provision of advocacy support, including intake, communication, scheduling, documentation, and administrative coordination.
We cannot guarantee timeframes for mediation or advocacy services, as these depend on all parties and their representatives.
The mediation session or advocacy intervention itself typically represents a smaller portion of the overall work. 

16.1 No Refund Circumstances

No refund will be provided where:  

• You change your mind;
• The other party refuses or fails to participate;
• The parties fail to reach agreement;
• A party does not attend a scheduled session or advocacy meeting;
• Mediation or advocacy is terminated due to failure to disclose material information affecting suitability;
• The matter takes an extended period of time to progress due to complexity of issues, involvement of legal representatives, court timetables, or external processes;
• Mediation or advocacy progresses slowly or is temporarily stalled due to lack of responsiveness, availability, or engagement by any party;
• The mediator or advocate determines that mediation or advocacy must be paused, adjourned, delayed, or terminated in order to comply with recognised professional standards, including where:
• The matter is assessed as complex and requiring additional preparation or safeguards;
• A participant is experiencing significant anxiety, emotional distress, mental health concerns, or diminished capacity affecting their ability to participate effectively;
• Further information, risk assessment, or professional support is required before proceeding;
• There are concerns regarding coercion, power imbalance, safety, or informed consent;
• The mediator or advocate reasonably considers that continuing the mediation or advocacy at that time would be inappropriate, unsafe, or inconsistent with professional obligations..
   

You acknowledge that mediation or advocacy services must only proceed where it is appropriate, safe, and consistent with recognised professional standards. A pause, adjournment, delay, or termination made in compliance with those standards does not constitute grounds for a refund. 

16.2 Limited Refund Circumstances

A refund will only be provided where:

• Cancellation is made in writing to info@humanrightsadvocates.com.au within 48 hours of completing the Client Registration Form and payment;

A cancellation fee of $499 applies.

If Services are cancelled by HRAA and not rescheduled, and no intake session has occurred, no cancellation fee applies.

Refunds will be processed within 7 business days via bank transfer.

PART F – FEEDBACK & COMPLAINTS POLICY

17. Purpose

We are committed to delivering professional, impartial and ethical services and handling feedback fairly and confidentially.

18. Feedback

Feedback may be submitted at any time via the Contact Us section of our website.

19. Complaints

A complaint is any expression of dissatisfaction regarding:

• Mediation services
• Advocacy services
• Mediator conduct
• Administrative processes

Complaints must be submitted in sufficient detail via our website.

20. Handling of Complaints

All complaints will:

• Be acknowledged within three (3) business days;
• Be reviewed objectively and in good faith;
• Be handled confidentially, subject to professional obligations.

We aim to provide a response within ten (10) business days. Complex matters may require additional time.

Due to confidentiality and impartiality obligations, limitations may apply to information disclosed in response.

If dissatisfied with the outcome, you may request escalation for further review.

PART G – GENERAL PROVISIONS

21. Confidentiality

Confidentiality applies subject to legal obligations, including mandatory reporting and serious risk of harm.

22. Limitation of Liability

To the extent permitted by law:

• We do not guarantee specific outcomes;
• We are not liable for indirect or consequential loss;
• Mediation outcomes are determined by the parties.

Nothing excludes rights under Australian Consumer Law.

23. Governing Law

These Terms are governed by the laws of Australia.