New South Wales Consolidated Regulations

ADMINISTRATIVE DECISIONS TRIBUNAL RULES 1998 - REG 20A

20A Granting and revocation of leave for agent to represent party

(1) This rule provides for the circumstances in which it is appropriate under section 71 of the Act for the Tribunal to grant, refuse or revoke leave for an agent to represent a party in proceedings, or part of proceedings, in the Tribunal.

Section 71 (3A) of the Act provides that the rules of the Tribunal may make provision for or with respect to the following matters:

(a) the circumstances in which it is, or is not, appropriate for the Tribunal to grant leave for an agent to represent a party,

(b) the circumstances in which it is, or is not, appropriate for the Tribunal to revoke any such leave.

(2) It is appropriate for the Tribunal to grant leave to a person to represent a party as the party’s agent in proceedings if the Tribunal is satisfied that the person has:

(a) a sufficient degree of competence to provide effective representation for the party, and

(b) the ability to deal fairly and honestly with the Tribunal and other persons involved in the proceedings.

(3) It is appropriate for the Tribunal to refuse leave to a person to represent a party as the party’s agent in proceedings if the Tribunal is satisfied that the person does not have the qualities referred to in subrule (2).

(4) It is appropriate for the Tribunal to revoke leave granted to a person to represent a party as the party’s agent in proceedings if the Tribunal is satisfied that:

(a) the party no longer consents to the person representing the party as the party’s agent, or

(b) the person applied for leave to represent that party as the party’s agent without the consent of the party, or

(c) the person does not have the qualities referred to in subrule (2) to act as the party’s agent, or

(d) the party is, or has become, an incapacitated person within the meaning of section 71 of the Act.

Note: Section 71 of the Act enables the Tribunal to appoint a person to represent a party who is an incapacitated person.

(5) Nothing in this rule limits the matters that the Tribunal may take into account in deciding whether it is, or is not, appropriate for the Tribunal to grant, refuse or revoke leave for a person to represent a party as the party’s agent in proceedings.