Commonwealth Numbered Acts

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 42

42. (1) A party to a proceeding before the Commission may appear in person.

(2) Subject to this and any other Act, a party to a proceeding before the
Commission may be represented only as provided by this section.

(3) A party (including an employing authority) may be represented by counsel,
solicitor or agent:

   (a)  by leave of the Commission and with the consent of all parties;

   (b)  by leave of the Commission, granted on application made by a party, if
        the Commission is satisfied that, having regard to the subject-matter
        of the proceeding, there are special circumstances that make it
        desirable that the parties may be so represented; or

   (c)  by leave of the Commission, granted on application made by the party,
        if the Commission is satisfied that the party can only adequately be
        represented by counsel, solicitor or agent.

(4) A party that is an organisation may be represented by:

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

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

(5) An employing authority may be represented by a prescribed person.

(6) Regulations made for the purposes of subsection (5) may prescribe
different classes of persons in relation to different classes of proceedings.

(7) A party other than an organisation or employing authority may be
represented by:

   (a)  an officer or employee of the party;

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

   (c)  an officer or employee of a peak council to which the party is
        affiliated; or

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

(8) Where the Minister is a party (other than in the capacity of employing
authority), the Minister may be represented by counsel or solicitor or by
another person authorised for the purpose by the Minister.

(9) Where the Minister is a party (other than in the capacity of employing
authority), another party (including an employing authority) may, with the
leave of the Commission, be represented by counsel, solicitor or agent.

(10) In this section (other than paragraph (3) (a)):

"party" includes an intervener.