FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 353A Representation in proceedings in the Fair Work Division of the Federal Court and Federal Circuit and Family Court of Australia (Division 2)

FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 353A

  (1)   This section applies in relation to a proceeding in the Fair Work Division of the Federal Court, or of the Federal Circuit and Family Court of Australia (Division   2), other than:

  (a)   a proceeding in relation to an appeal under section   565 of the Fair Work Act; or

  (b)   a proceeding in relation to an offence against a law of the Commonwealth.

  (2)   Subject to subsection   (4), a party to the proceeding that is an organisation may be represented by:

  (a)   a member, officer or employee of the organisation; or

  (b)   a member, officer or employee of a peak council to which the organisation is affiliated.

  (3)   Subject to subsection   (4), a party to the proceeding that is not an organisation may be represented by:

  (a)   a member, officer or employee of an organisation of which the party is a member; or

  (b)   a member, officer or employee of a peak council to which an organisation of which the party is a member is affiliated.

  (4)   If the proceeding is a proceeding in relation to a question of law referred to the Federal Court under section   608 of the Fair Work Act, a party to the proceeding may only be represented as permitted by subsection   (2) or (3) if the Court grants leave.

  (5)   In this section:

"party" includes an intervener.