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WORKPLACE RELATIONS ACT 1996 - SECT 100 Representation of parties before Commission

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 100

Representation of parties before Commission

             (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 if:

                     (a)  all parties have given express consent to that representation; and

                     (b)  the Commission grants leave for the party to be so represented.

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

                     (a)  the party applies to the Commission to be so represented; and

                     (b)  the Commission grants leave for the party to be so represented.

             (5)  In deciding whether or not to grant leave under subsection (3), the Commission must have regard to the following matters:

                     (a)  whether being represented by counsel, solicitor or agent would assist the party concerned to bring the best case possible;

                     (b)  the capacity of the particular counsel, solicitor or agent to represent the party concerned;

                     (c)  the capacity of the particular counsel, solicitor or agent to assist the Commission in performing the Commission's functions under this Act.

             (6)  In deciding whether or not to grant leave under subsection (4), the Commission must have regard to the following matters:

                     (a)  the matters referred to in paragraphs (5)(a), (b) and (c);

                     (b)  the complexity of the factual and legal issues relating to the proceeding;

                     (c)  whether there are special circumstances that make it desirable that the party concerned be represented by counsel, solicitor or agent;

                     (d)  if the party applies to be represented by an agent--whether the agent is a person or body, or an officer or employee of a person or body, that is able to represent the interests of the party under a State or Territory industrial relations law.

             (7)  An appeal to a Full Bench under section 120 may not be made in relation to a decision under subsection (3) or (4) to grant leave or not to grant leave.

             (8)  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.

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

           (10)  Regulations made for the purposes of subsection (9) may prescribe different classes of persons in relation to different classes of proceedings.

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

                     (a)  an officer or employee of the party; or

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

                     (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; or

                     (e)  a bargaining agent.

           (12)  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.

           (13)  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.

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

"party" includes an intervener.