RESIDENTIAL TENANCIES ACT 1987 - SECT 22
RESIDENTIAL TENANCIES ACT 1987 - SECT 22
22 . Presentation of cases
(1A) In this section
—
proceedings means proceedings under this Act other
than proceedings for an offence against this Act.
(1) Except as provided
in this section, a party to any proceedings shall present the party’s
own case and not be represented or assisted in the presentation of the
party’s case by another person.
(2) A party to any
proceedings may be represented or assisted by an agent in the presentation of
the party’s case if —
(a) the
agent is authorised by the party to do so and is —
(i)
the property manager of the premises the subject of the
proceedings; or
(ii)
employed or engaged by a non-profit association or
similar body to act as an advocate for tenants or lessors in proceedings;
or
(b) the
court makes an order under subsection (3C).
(3A) The authorisation
mentioned in subsection (2)(a) must —
(a) be
made in writing in a form approved by the Minister; and
(b) be
lodged with the court together with the application, or response to the
application, to which the proceedings relate, as the case requires.
(3B) Without limiting
how an agent representing or assisting a party under subsection (2)(a) may
represent or assist the party, the agent may initiate proceedings on behalf of
the party.
(3C) The court may
order that a party to proceedings may be represented or assisted by an agent
in the presentation of the party’s case if the court hearing the
proceeding is satisfied that —
(a) the
party is unable to appear personally or conduct the proceedings on the
party’s own behalf; and
(b)
another party to the proceedings will not be disadvantaged by the party being
represented by, or assisted by, the agent.
(3) All or any of the
parties to any proceedings may be represented by legal practitioners if any of
the following applies —
(a) all
the parties agree and the court hearing the proceedings is satisfied that any
party who is not so represented will not be unfairly disadvantaged;
(b) one
of the parties is a legally qualified person;
(c) one
of the parties is a body corporate and any other party elects to be so
represented;
(d) the
court is satisfied that one of the parties is unable to conduct the
proceedings without representation by a legal practitioner;
(e) the
proceedings are instituted or defended, or the conduct thereof has been
assumed, by the Commissioner.
(4) This section does
not prevent —
(a) a
body corporate from being represented by an officer or employee of the body
corporate (not being a legally qualified person) authorised to conduct the
proceedings on its behalf (whether or not the officer or employee is
remunerated by the body corporate for representing it in the proceedings); or
(b) a
person from acting as an interpreter for a party, if the person’s fee
does not exceed an amount fixed by the court at the hearing.
(5) A person shall not
demand or receive any fee or reward for representing or assisting a party to
proceedings unless —
(a) the
person is a legal practitioner; or
(b)
where the party is a body corporate, the person is an officer or employee of
the body corporate representing it under subsection (4); or
(c)
where the party is a lessor, the person is a property manager of the premises
the subject of the proceedings.
Penalty for this subsection: a fine of $5 000.
(6) In this section
—
agent means any person who is not a legally
qualified person;
legally qualified person means a lawyer or a
person who holds or has held legal qualifications under the laws of this State
or any other place.
[Section 22 amended: No. 50 of 1988 s. 18; No. 65
of 2003 s. 61; No. 59 of 2004 s. 120(3); No. 21 of 2008 s. 698; No. 60 of 2011
s. 19; No. 3 of 2019 s. 25; No. 25 of 2019 s. 65; No. 9 of 2022 s. 424.]