AustLII Tasmanian Consolidated Acts

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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 42H

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 othercase, 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 a 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.



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