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RESIDENTIAL TENANCIES ACT 1995 - SECT 113

RESIDENTIAL TENANCIES ACT 1995 - SECT 113

113—Representation

        (1)         A party to a tenancy dispute may only be represented in proceedings before the Tribunal (including a conference or mediation under sections 50 and 51 respectively of the South Australian Civil and Administrative Tribunal Act 2013 ), or at a conciliation conference under this Act, as allowed by this section.

        (2)         A party to a tenancy dispute may be represented by a lawyer if—

            (a)         all parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage a party who does not have a professional representative; or

            (b)         the Tribunal is satisfied that the party is unable to present the party's case properly without assistance; or

            (c)         another party to the dispute is a lawyer, or is represented by a professional representative; or

            (d)         the Commissioner has intervened in, or is a party to, the proceedings.

        (3)         A party to a tenancy dispute may be represented by a person who is not a lawyer if—

            (a)         the party is a body corporate and the representative is an officer or employee of the body corporate; or

            (b)         the party is a landlord or rooming house proprietor and the representative is an agent, or an officer or employee of an agent, appointed by the landlord or rooming house proprietor to manage the premises on the party's behalf; or

            (c)         all parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage an unrepresented party; or

            (d)         the Tribunal is satisfied that the party is unable to present the party's case properly without assistance.

        (4)         In this section—

"professional representative" means—

            (a)         a lawyer, a law clerk, or a person who holds or has held legal qualifications under the law of the State or another place; or

            (b)         a land agent, or an officer or employee of a land agent.