STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 59
STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 59
59 . Retirement Villages Act 1992
(1) In this
rule —
agent means any person who is not a legally
qualified person;
Commissioner has the meaning given to that term in
the RV Act section 3(1);
legally qualified person means —
(a) a
legal practitioner; or
(b) a
person who is in the course of completing the practical legal training
requirements specified in the Legal Profession Uniform Rules (WA) for the
purposes of the Legal Profession Uniform Law (WA) section 17(1)(b); or
(c) any
person who holds or has held legal qualifications under the laws of this State
or any other place;
RV Act means the Retirement Villages
Act 1992 .
(2) A party to a
proceeding before the Tribunal under the RV Act may be represented by an agent
if —
(a) the
party is unable to appear personally or conduct the proceedings properly
himself or herself; and
(b) no
other party will be unfairly disadvantaged by the fact that the agent is
allowed so to act.
(3) Under the Act
section 39(4), a party to a proceeding before the Tribunal under the RV
Act is not entitled to be represented by a legal practitioner
unless —
(a) all
the parties agree and any party who is not so represented will not be unfairly
disadvantaged; or
(b) one
of the parties is a legally qualified person; or
(c) one
of the parties is a body corporate and any other party elects to be so
represented; or
(d) one
of the parties is unable to appear personally or conduct the proceedings
properly himself or herself; or
(e) the
proceedings are instituted or defended, or the conduct thereof has been
assumed, by the Commissioner.
(4) Subrule (3)
does not apply to a minor proceeding as defined in the Act section 93(1).
[Rule 59 amended: Gazette 9 Jul 2010
p. 3242; SL 2022/73 r. 4.]