Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 62

Representation of parties

62. Representation of parties



(1) In any proceeding a party-

   (a)  may appear personally; or

   (b)  may be represented by a professional advocate if-

   (i)  the party is a person referred to in subsection (2); or

   (ii) another party to the proceeding is a professional advocate; or

   (iii) another party to the proceeding who is permitted under this section
        to be represented by a professional advocate is so represented; or

   (iv) all the parties to the proceeding agree; or

   (c)  may be represented by any person (including a professional advocate)
        permitted or specified by the Tribunal.

(2) The following persons may be represented by a professional advocate in a
proceeding-

   (a)  a child;

   (b)  a municipal council;

   (c)  the State or a Minister or other person who represents the State;

   (d)  a public entity within the meaning of the
        Public Administration Act 2004;





   (e)  the holder of a statutory office within the meaning of the
        Public Administration Act 2004;





   (f)  a credit provider within the meaning of the Consumer Credit (Victoria)
        Code or the Credit Act 1984;

   (g)  an insurer within the meaning of the
        Domestic Building Contracts Act 1995.

(3) A party that is a body corporate may be represented in a proceeding by a
director, secretary or other officer except, in the case of a body corporate
that is not referred to in subsection (2), a director, secretary or officer
who is a professional advocate.

(4) Despite subsection (3), if all officers of a body corporate are
professional advocates, one of those officers may represent the body corporate
in a proceeding.

(5) If a party is a child, the Tribunal may appoint a litigation guardian, in
accordance with the rules, to conduct the proceeding on behalf of the child.

(6) If a party is unrepresented in a proceeding, the Tribunal may appoint a
person (whether or not a professional advocate) to represent that party.

(7) If a person who is not a professional advocate seeks to represent a party
in a proceeding-

   (a)  if the party is a body corporate, the person must give the Tribunal a
        certificate of authority for the representation from the body
        corporate; or

   (b)  in any other case, the Tribunal may require the person to produce a
        certificate of authority for the representation from the party.

(8) In this section-

professional advocate means-

   (a)  a person who is or has been a legal practitioner; or

   (b)  a person who is or has been an articled clerk or law clerk in
        Australia; or

   (c)  a person who holds a degree, diploma or other qualification in law
        granted or conferred in Australia; or

   (d)  a person who, in the opinion of the Tribunal, has had substantial
        experience as an advocate in proceedings of a similar nature to the
        proceeding before the Tribunal- other than a person who is in a class
        of persons disqualified by the rules from being a professional
        advocate.

(9) Rules for the purposes of subsection (8) may only disqualify a class of
persons from being professional advocates on the basis that persons in that
class-

   (a)  have been the subject of disciplinary proceedings under the law of
        Victoria, another State, a Territory or the Commonwealth or under the
        rules of a professional or occupational association or other body; and

   (b)  have been found guilty in those proceedings of professional misconduct
        (by whatever name called) or of another breach of professional or
        occupational standards.