QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 43 Representation

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 43

43 Representation

(1) The main purpose of this section is to have parties represent themselves unless the interests of justice require otherwise.

(2) In a proceeding, a party—

(a) may appear without representation; or

(b) may be represented by someone else if—

(i) the party is a child or a person with impaired capacity; or

(ii) the proceeding relates to taking disciplinary action, or reviewing a decision about taking disciplinary action, against a person; or

(iii) an enabling Act that is an Act, or the rules, states the person may be represented; or

(iv) the party has been given leave by the tribunal to be represented.

(3) In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave—

(a) the party is a State agency;

(b) the proceeding is likely to involve complex questions of fact or law;

(c) another party to the proceeding is represented in the proceeding;

(d) all of the parties have agreed to the party being represented in the proceeding.

(4) A party can not be represented in a proceeding by a person—

(a) who, under rules made under section 224 (3) , is disqualified from being a representative of a party to a proceeding; or

(b) who is not an Australian legal practitioner or government legal officer, unless the tribunal is satisfied the person is an appropriate person to represent the party.

(5) A person who is not an Australian legal practitioner or government legal officer and who is seeking to represent a party in a proceeding must give the tribunal a certificate of authority from the party for the representation if—

(a) the party is a corporation; or

(b) the tribunal has asked for the certificate.

(6) The tribunal may appoint a person to represent an unrepresented party.

(7) In this section—


"Australian legal practitioner" see the Legal Profession Act 2007 .


"government legal officer" see the Legal Profession Act 2007 .