WORKPLACE RELATIONS ACT 1996 - SECT 854 Representation of parties before the Court or the Federal Magistrates Court

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 854

             (1)  A party to a proceeding before the Court in a matter arising under this Act, the BCII Act or the Registration and Accountability of Organisations Schedule may appear in person.

             (2)  A party to a proceeding before the Federal Magistrates Court in a matter arising under this Act or the BCII Act may appear in person.

             (3)  Subject to this and any other Act, a party to a proceeding before the Court or the Federal Magistrates Court in a matter arising under this Act may be represented only as provided by this section.

             (4)  Subject to this Act, the Registration and Accountability of Organisations Schedule and any other Act, a party to a proceeding before the Court in a matter arising under the Registration and Accountability of Organisations Schedule may be represented only as provided by this section.

             (5)  Subject to this Act, the BCII Act and any other Act, a party to a proceeding before the Court or the Federal Magistrates Court in a matter arising under the BCII Act may be represented only as provided by this section.

             (6)  A party (including an employing authority) may be represented by counsel or solicitor.

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

             (8)  Regulations made for the purposes of subsection (7) may prescribe different classes of persons in relation to different classes of proceedings.

             (9)  Subject to subsections (11) and (12), a party 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.

           (10)  Subject to subsections (11) and (12), 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.

           (11)  Subsections (9) and (10) do not apply in relation to:

                     (a)  proceedings under section 853; or

                     (b)  proceedings in relation to offences against this Act, the BCII Act or the Registration and Accountability of Organisations Schedule.

           (12)  In a relevant proceeding, a party may be represented as provided by subsection (9) and (10) only with the leave of the Court or the Federal Magistrates Court.

           (13)  In this section:

"party" includes an intervener.

"relevant proceeding" means proceedings under section 122, 148, 848 or 849.