• Specific Year
    Any

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 42H Representation during conciliation process

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 42H

Representation during conciliation process

(1)  Subject to subsections (3) and (4) , a worker may be represented during the conciliation process.
(2)  Subject to subsection (3) , a party, other than a worker, may be represented during the conciliation process by –
(a) in the case of a body corporate, an officer of the body corporate; and
(b) in any other case, an officer of an association to which that party belongs.
(3)  A person representing a worker, or an officer referred to in subsection (2) , must have the authority to settle or otherwise determine the claim on behalf of the worker or party represented at a conciliation conference.
(4)  A party may not be represented at a conciliation conference by an Australian legal practitioner unless the conciliator determines that –
(a) the party's interests would be materially disadvantaged by not being so represented; or
(b) the conference would be materially assisted in resolving the claim for compensation by the presence of that practitioner.
(5)  A party who is aggrieved by the determination of a conciliator in relation to representation at a conciliation conference may refer the matter to the Tribunal for determination.
(6)  The determination of the Tribunal is final and not subject to appeal.