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Frequently asked questions

The cost usually includes the mediator’s fees, mediator’s out of pocket expenses such as travel, accommodation, phone and facsimile costs, together with any hire fee for the venue. The fee rate usually charged by the mediator is published on the Register of Mediators.

Each party to a mediation must pay -

• the party’s own costs for the mediation and
• half of the mediator’s fee and costs for the mediation.

Farm Business Analysis Assistance includes an assessment of past, present and projected position of the farm business summarised in a report. The report includes analysis and options based on the current and potential future of the business. The service is provided free of charge to the producer.

• On receipt of a Form 3 Application for Enforcement Action Suspension Certificate (to stop the mortgagee taking enforcement action) from a farmer, QRIDA will issue a Notice S41 Show Cause to Mortgagee. The mortgagee has 20 business days to make written representations to show why an enforcement action suspension certificate should not be issued.
• On receipt of written representations from the mortgagee, QRIDA will provide a copy to the farmer and then decide the application within 20 business days after the end of the show cause period.
• Once QRIDA decides the application, a Notice S43 Decision for Enforcement Action Suspension Certificate will be provided to both parties. The outcome is a decision to either approve or refuse the application for an Enforcement Action Suspension Certificate. No other directions or decisions are provided.
• Dependant on the outcome, either party is entitled to a review (an internal review) of the decision and must apply by completing a Form 7 Request for Internal Review of Original Decision within 20 business days from the day notice was given.
• Per Section 77(2) of the Farm Business Debt Mediation Act 2017 (Qld), the original decision does not take effect until the chief executive decides a review application or the end of the last day to apply for an internal review.
   

• On receipt of a Form 4 Application for Exemption Certificate (exempting the mortgagee from the obligation to offer mediation) from a mortgagee, QRIDA will issue a Notice S50 Show Cause to Farmer. The farmer has 20 business days to make written representations to show why an exemption certificate should not be issued.
• On receipt of written representations from the farmer, QRIDA will provide a copy to the mortgagee and then decide the application within 20 business days after the end of the show cause period.
• Once QRIDA decides the application, a Notice S52 Decision for Exemption Certificate will be provided to both parties. The outcome is a decision to either approve or refuse the application for an exemption certificate. No other directions or decisions are provided.
• Dependant on the outcome, either party is entitled to a review (an internal review) of the decision and must apply by completing a Form 7 Request for Internal Review of Original Decision within 20 business days from the day notice was given.
• Per Section 77(2) of the Farm Business Debt Mediation Act 2017 (Qld), the original decision does not take effect until the chief executive decides a review application or the end of the last day to apply for an internal review.

Producers are free to disagree and encouraged to discuss the findings of the analysis report with their independent consultant. The aim of the assistance is to provide independent and objective analysis at no cost to the producer. Concerns must be raised direct with the independent consultant. The Farm Debt Restructure Office will ensure they have been adequately addressed.

If mediation is unsuccessful after reasonable attempts to reach an agreement, the mortgagee may apply to QRIDA for an Exemption Certificate. If the application is approved, the farmer has the right to request a formal review of the decision.

The application form lists all required documentation needed to apply for this assistance, for example a statement of assets and liabilities, past years financial statements, taxation returns etc.

More details on where you can buy units can also be found online by searching for the Fisheries Queensland Vessel Tracking Installation and Maintenance Standard. 

It is a structured process that provides an efficient and equitable way for farmers and mortgagees, participating in good faith, to attempt to resolve matters relating to farm business debts.

A Disaster Assistance Loan of up to $250,000 is available to assist primary production businesses who have experienced direct damage as a result of the disaster event. This loan can be utilised to fund repair and reinstatement costs for your business, and to meet normal operating expenses that the business is unable to meet due to the impact of the disaster event (e.g. lease payments, property rates, creditors).

An Essential Working Capital (EWC) Loan of up to $100,000 is available to assist primary production businesses who have not experienced direct damage as a result of the disaster event but have experienced a negative impact on their normal business cashflow and are consequently unable to meet normal operating expenses (e.g. lease payments, property rates, wages, creditors). For example, a primary production businesses may be eligible for an EWC Loan if their farms were not physically impacted by the disaster event however the business suffered a significant loss of income throughout the disaster period. The business may not be able to meet normal operating expenses within its existing credit limits. These requirements over and above your existing credit limits can be met by the EWC loan.

An Exceptional Disaster Assistance Loan of up to $1 million is available to assist primary producers and business owners who have experienced direct damage as a result of the disaster event. This loan can be used to fund repair and reinstatement costs for your enterprise, and to meet normal operating expenses that the primary production enterprise or business is unable to meet due to the impact of the disaster event (e.g. lease payments, property rates, creditors). This loan term is over 10 years at 1.37% with no repayments of principal and interest in the first 2 years and with a discretionary option for a further 2 years interest only available.

A Disaster Assistance Loan of up to $250,000 is available to assist primary producers and small business owners who have experienced direct damage as a result of the disaster event. This loan term is over 10 years at 1.37% with up to 2 years interest only available.

An Essential Working Capital (EWC) Loan of up to $100,000 is available to assist primary producers and small business owners who have not experienced direct damage as a result of the disaster event but have experienced a negative impact on their normal business cashflow and are consequently unable to meet normal operating expenses (e.g. lease payments, property rates, wages, creditors). This loan term is over 10 years at 1.37% with up to 2 years interest only available.

QRIDA assesses applications based on the future viability of the business with the assistance provided. Security is the second consideration. Preferably security is available over landed assets, however, security over other business assets may be acceptable.

Loans eligible for refinancing are those obtained from a financial institution and held immediately before the disaster event, in relation to carrying on a primary production enterprise, small business or non-profit activities, other than any of the following types of loans:

1. off-balance sheet financing
2. a short-term credit facility
3. a loan established at a concessional rate under a Commonwealth or State government scheme or
4. an equipment finance loan.

You need to buy the units approved for your fishery. Please search online for the Fisheries Queensland Vessel Tracking Installation and Maintenance Standard to find which units are approved for which fishery. 

Loan account statements will be issued on a financial year basis in July. If a loan statement is required at any other time, please complete the loan account statement form. Otherwise, a statement will be issued in July.

The first interest charges will start to accrue on your COVID loan on the 1 year anniversary of the loan drawdown.

Your first interest payment will be due 13 months from the date at which you received your COVID loan, for example, interest will start to calculate 1 year after the funding date and the first payment will be due one month after that.

Payments will be charged monthly thereafter and debited to your nominated business transaction account.

Detailed information and documents are available through the following resources:

• Forms and templates: Visit the QRIDA forms and downloads portal.
• Program information: Review the Mediation Information Package (PDF, 227KB).
• Direct support: Email the Farm Business Debt Mediation team at contact_fbdm@qrida.qld.gov.au

Call QRIDA on 1800 623 946 for assistance with your loan application. Alternatively, your accountant, bank or financial or business advisor may also be able to assist with your application also.

Mediation meetings are to be conducted at a place and time that is reasonably convenient to the farmer.

Mediators are independent, third-party professionals accredited by QRIDA to assist the parties to mediation to negotiate their own solutions. You can view the full list of mediators on the Register of Mediators, located on the Farm Business Debt Mediation webpage.

Once a mediator has been agreed upon by both parties, it is the responsibility of the mortgagee to then ask the chosen mediator to arrange the mediation. The mediator will also arrange the time and location of the mediation and the coordination of mediation meetings.

Either the farmer or the mortgagee can initiate mediation by:

• the mortgagee serving a Notice S14 Inviting a Request for Mediation, along with a copy of the mediation information package to the farmer or
• the farmer giving a Notice S15 Request for Mediation Notice to the mortgagee whether or not they are in default. This request does not necessarily need to be in the approved form.
   

The parties to mediation are the mortgagee, the farmer and the mediator. Other participants are advisors, who may be your accountant, solicitor, Legal Aid Queensland, your local Rural Financial Counsellor or some other appropriately qualified person.

The farmer is responsible for nominating three (3) mediators in order of preference from the Register of Mediators.