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INDUSTRIAL RELATIONS ACT 1984 - SECT 28 Representation

INDUSTRIAL RELATIONS ACT 1984 - SECT 28

Representation

(1)  Subject to this section, a party to any proceedings before the Commission, or before the Registrar under Part V , may appear in person or by his agent.
(2)  In subsection (1) , party includes an intervener.
(3)  An association referred to in section 63 (1) or an organization shall be deemed to have appeared in person in proceedings before the Commission or the Registrar if it is represented by an officer or employee of the association or organization.
(4)  A party appearing by an agent in any proceedings before the Commission or the Registrar is bound by the acts of that agent.
(5)  The following persons are not entitled to be agents for the purposes of subsection (1) except with the leave of the Commission or the Registrar:
(a) a barrister or practitioner;
(b) an interstate legal practitioner and an Australian-registered foreign lawyer.
(6)  Where a State employee or an officer or employee of an organization is a barrister or practitioner, nothing in subsection (5) prevents that State employee, officer, or employee from appearing as the agent for a party to any proceedings before the Commission or the Registrar –
(a) if he is employed to perform functions that may be performed by persons other than barristers or practitioners; or
(b) those proceedings relate to the determination of an industrial matter that affects his own salary or other conditions of employment.
(7)  In this section –
Australian-registered foreign lawyer means an Australian-registered foreign lawyer within the meaning of the Legal Profession Act 2007 ;
barrister means a barrister within the meaning of the Legal Profession Act 2007 ;
interstate legal practitioner means an interstate legal practitioner within the meaning of the Legal Profession Act 2007 ;
practitioner means an Australian legal practitioner.