Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Board shall
give to any person who is a party to proceedings instituted before
the Board reasonable notice of the time and place at which it intends to
conduct those proceedings, and shall afford any such person a reasonable
opportunity to call or give evidence, to examine or cross-examine witnesses,
and to make submissions to the Board unless —
(a) in
the case of an application for the grant of a licence, or the grant or renewal
of a triennial certificate, there is no objection and the Board proposes to
grant the licence or grant or renew the certificate without any special
conditions being imposed or changed; or
(b) in
the case of an application for the grant or renewal of a certificate of
registration, the Board proposes to grant or renew the certificate without any
special conditions being imposed or changed.
(2) If a person to
whom notice has been given pursuant to subsection (1) does not attend at
the time and place fixed by the notice, the Board may conduct the proceedings
in his absence.
(3) The Board may
appoint a person with such qualifications as it thinks fit to appear in
proceedings before the Board to assist the Board.
(4) An inspector may
appear in any proceedings before the Board.
(5) An inspector or
any party to proceedings before the Board shall be entitled to appear
personally or by counsel.
(6) Any party to
proceedings before the Board, may, by leave of the Board, be represented
before the Board by a person other than a legal practitioner.
(7) A person, other
than a legal practitioner, shall not demand or receive any fee or reward for
representing a party to proceedings before the Board.
Penalty: $5 000.
(8) Where the Board is
satisfied that for the purpose of protecting the business or interest of any
person it is desirable that the proceedings or any part thereof be conducted
in camera , the Board may make an order to that effect and may include in the
order conditions relating to that purpose, and, if such an order is made, the
proceedings shall be conducted in accordance with it.
[(9) deleted]
(10) A person
appointed by the Board to assist the Board in proceedings before the Board or
a person authorised by or under this Act to appear in proceedings before the
Board for the purpose of representing another person has the same protection
and immunity as a barrister has in appearing for a party in proceedings in the
Supreme Court and, where the person so appointed or authorised is a barrister
or solicitor, he is subject to the same liabilities as he would be in
appearing before that Court.
[Section 19 amended by No. 59 of 1995
s. 41; No. 34 of 1998 s. 6; No. 55 of 2004 s. 1004(1).]