CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 45 Representation of parties

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 45

45 Representation of parties

(1) A party to proceedings in the Tribunal--

(a) has the carriage of the party's own case and is not entitled to be represented by any person, and

(b) may be represented by another person only if the Tribunal grants leave--

(i) for that person to represent the party, or

(ii) in the case of representation by an Australian legal practitioner--for a particular or any Australian legal practitioner to represent the party.

(2) However, a party to an internal appeal (or in an application for leave to make an internal appeal) may be represented by a person without requiring the leave of an Appeal Panel if the party was entitled to be represented by such a person without the leave of Tribunal in the proceedings in which the decision under appeal was made.

Note : A Division Schedule for a Division of the Tribunal may, in some cases, allow certain kinds of persons to represent parties in proceedings allocated to that Division without requiring the leave of the Tribunal.

(3) The Tribunal may at its discretion--

(a) grant or refuse leave under subsection (1)(b), and

(b) revoke any leave that it has granted.

(4) The Tribunal may--

(a) appoint a person to act as guardian ad litem for a party, or

(b) appoint a person to represent a party, or

(c) order that a party be separately represented.

(4A) In proceedings that directly or significantly affect a child (that is, a person under the age of 18 years) who is not a party to the proceedings, the Tribunal may--

(a) appoint a person to act as guardian ad litem for the child, or

(b) order that the child be separately represented.

(4B) The Tribunal may, at its discretion, revoke any appointment or order made under subsection (4) or (4A).

(4C) Without limiting subsection (4)(a) or (4A)(a), the Tribunal may order that a person be represented by a guardian ad litem without naming a particular person to be appointed as guardian ad litem.

(4D) If the Tribunal makes an order under subsection (4C) the guardian ad litem is taken to have been appointed as guardian ad litem when the Tribunal receives a written notice from the administrator of the Guardian Ad Litem Panel naming the person selected to be the guardian ad litem.

(5) A person is not entitled to legal aid under the Legal Aid Commission Act 1979 merely because the Tribunal has made an order under subsection (4)(c) or (4A)(b).

(6) Anything done or omitted to be done by a person of a class prescribed by the regulations who is appointed by the Tribunal to represent a party or other person does not subject the person personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of representing the party or other person. However, any such liability attaches instead to the Crown.