(1A) This section applies in relation to
proceedings other than a proceeding for a public service appeal.
(1) A party
to proceedings, or person ordered or permitted to appear or to be represented
in the proceedings, may be represented by a lawyer only if—
(a) for
proceedings in the court—
(i) all parties consent; or
(ii) the court gives
leave; or
(iii) the proceedings are for the prosecution of an offence; or
(b) for proceedings before the full bench—the full bench gives leave; or
(c) for proceedings before the commission, other than the full bench, under
the Anti-Discrimination Act 1991—the commission gives leave; or
(d) for
proceedings before the commission, other than the full bench, relating to an
industrial matter involving allegations of sexual harassment or sex or
gender-based harassment—the commission gives leave; or
(e) for other
proceedings before the commission, other than the full bench—
(i) all
parties consent; or
(ii) for a proceeding relating to a matter under a
relevant provision—the commission gives leave; or
(f) for proceedings
before an Industrial Magistrates Court—
(i) all parties consent; or
(ii)
both of the following apply—
(A) the proceedings relate to a matter that
could have been brought before a court of competent jurisdiction other than an
Industrial Magistrates Court; and
(B) an Industrial Magistrates Court gives
leave; or
(iii) the proceedings are for the prosecution of an offence; or
(g) for proceedings before the registrar, including interlocutory
proceedings—
(i) all parties consent; or
(ii) the registrar gives leave; or
(h) for proceedings before a conciliator—the conciliator gives leave.
(2)
However, the person or party must not be represented by a lawyer—
(a) if the
party is a negotiating party to arbitration proceedings before the commission
under chapter 4 , part 3 , division 2 ; or
(b) in proceedings before the
commission under section 403or 475; or
(c) in proceedings remitted to the
Industrial Magistrates Court under section 404(2) or 475(2) .
(3) Despite
subsection (1) , a party or person may be represented by a lawyer in making a
written submission to the commission in relation to—
(a) the making or
variation of a modern award under chapter 3 ; and
(b) the making of a general
ruling about the Queensland minimum wage under section 458.
(4) An
industrial tribunal may give leave under subsection (1) only if—
(a) it
would enable the proceedings to be dealt with more efficiently, having regard
to the complexity of the matter; or
(b) it would be unfair not to allow the
party or person to be represented because the party or person is unable to
represent the party’s or person’s interests in the proceedings; or
(c) it
would be unfair not to allow the party or person to be represented having
regard to fairness between the party or person, and other parties or persons
in the proceedings.
Examples of when it may be unfair not to allow a party or
person to be represented by a lawyer—
• a party is a small business and
has no specialist human resources staff, while the other party is represented
by an officer or employee of an industrial organisation or another person with
experience in industrial relations advocacy
• a person is from a
non-English speaking background or has difficulty reading or writing
(5)
For this section, a party or person is taken not to be represented by a lawyer
if the lawyer is—
(a) an employee or officer of the party or person; or
(b)
an employee or officer of an entity representing the party or person, if the
entity is—
(i) an organisation; or
(ii) a State peak council; or
(iii)
another entity that only has members who are employers.
(6) In proceedings
before the Industrial Magistrates Court for the prosecution of an offence
under subsection (1) (f) , the person represented can not be awarded costs of
the representation.
(7) In this section—
"industrial tribunal" means the Court of Appeal, court, full bench, commission
or Industrial Magistrates Court.
"proceedings" —
(a) means proceedings under this Act or another Act being
conducted by the court, the commission, an Industrial Magistrates Court or the
registrar; and
(b) includes conciliation being conducted under part 3 ,
division 4 or part 5 , division 5A by a conciliator.
"relevant provision" , for a proceeding before the commission other than the
full bench, means—
