{"id":"fair-work-representation-regulations-2024","name":"Fair Work (Representation) Regulations 2024","slug":"fair-work-representation-regulations-2024","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235499,"registerId":"sa-fair-work-representation-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Work (Representation) Regulations 2024","content":"South Australia\nFair Work (Representation) Regulations 2024\nunder the Fair Work Act 1994\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tInterpretation\nPart 2—Registered agents\n4\tRegister\n5\tQualifications and experience\n6\tApplication for registration\n7\tDisqualification\n8\tPerson ceasing to be recognised advocate\n9\tCode of conduct\n10\tPayment of fees\n11\tPenalty\nSchedule 1—Application for registration as agent (not being a recognised advocate)\nSchedule 2—Code of conduct to be observed by registered agents\nPart 1——Duties to the community\n1\tTrust money\n2\tTrust accounts to be audited\n3\tFiling of auditor's certificate\n4\tRemoval of agent's name from register\nPart 2—Duties to clients\n5\tAgent to act on client's instructions\n6\tAgent must advise client of basis for calculating charges\n7\tConfidentiality\n8\tDisclosure of interest\n9\tDisclosure of potential conflict of interest\n10\tAgent may act for more than 1 party\n11\tAgent to work in timely fashion\n12\tAgent to apprise client of developments\n13\tAgent must not give advice to advance illegal purpose\n14\tAgent may decline to act in certain circumstances\n15\tAgent to assist new agent after termination of instructions\nPart 3—Duties to SAET\n16\tAgent must not make untruthful statement\n17\tAgent must distinguish between statements of fact and statements based on instructions\n18\tImputations against character prohibited\n19\tDuty to guard against becoming conduit for certain questions\n20\tUndertaking must be carried out\n21\tDuty relating to discovery of documents\nPart 4—Duties to others\n22\tAgent not to communicate with another's client without permission\n23\tObservation of party allowed\nSchedule 3—Repeal of Fair Work (Representation) Regulations 2009\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Fair Work (Representation) Regulations 2024.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Work Act 1994;\nbusiness day means any day except Saturday, Sunday or a public holiday;\nrecognised advocate means—\n\t(a)\ta person who is an officer or employee of an association and whose registration as a registered agent under the Act is supported by that association; or\n\t(b)\ta person whose registration as a registered agent under the Act is supported by an employer of public employees.\nPart 2—Registered agents\n4—Register\nThe register of registered agents maintained under section 26(1) of the Act will be divided into 2 parts—\n\t(a)\t1 part relating to persons who are recognised advocates; and\n\t(b)\tthe other part relating to other registered agents.\n5—Qualifications and experience\n\t(1)\tSubject to subregulation (2), the following qualifications and experience are prescribed for the purposes of section 26(2)(a) of the Act:\n\t(a)\textensive experience in industrial relations;\n\t(b)\ta high level of written and oral communication skills;\n\t(c)\ta sound understanding of the human, social and political factors which influence industrial relations;\n\t(d)\texperience in undertaking negotiations in the industrial relations field;\n\t(e)\texperience in appearing as an advocate before industrial authorities;\n\t(f)\texperience in the interpretation and implementation of awards, industrial agreements and industrial relations policies;\n\t(g)\treasonable knowledge of the legislative framework within which industrial relations operate.\n\t(2)\tA person who is a recognised advocate will be taken to have the qualifications and experience necessary to obtain registration.\n6—Application for registration\n\t(1)\tAn application by a recognised advocate for registration as a registered agent must be made in writing to the Registrar and, if the Registrar is satisfied that the application is duly made under these regulations, the Registrar must register the person as a registered agent (on that part of the register relating to recognised advocates).\n\t(2)\tAn application by any other person for registration as a registered agent must—\n\t(a)\tbe made to the Registrar; and\n\t(b)\tcontain the information set out in Schedule 1; and\n\t(c)\tbe accompanied by 2 references—\n\t(i)\twhich are supplied by persons who are actively involved in industrial relations; and\n\t(ii)\twhich provide information relating to the applicant's qualifications and experience for the purposes of section 26(2)(a) of the Act; and\n\t(d)\tbe accompanied by the appropriate fee prescribed by notice for the purposes of the Act; and\n\t(e)\tbe accompanied by a statutory declaration from the applicant that they have read and understand the code of conduct established by these regulations, and that they agree to abide by that code.\n\t(3)\tThe Registrar must, within 3 business days after the day on which an application for registration as a registered agent under subregulation (2) has been made, cause notice of the application to be published on a website determined by the Registrar.\n7—Disqualification\n\t(1)\tA person is disqualified from registration as an agent if the person—\n\t(a)\tis an undischarged bankrupt, or a person whose affairs are being administered under the laws relating to bankruptcy; or\n\t(b)\thas, within the preceding period of 5 years, been convicted or found guilty of an offence involving dishonesty or been a director or officer of a body corporate so convicted or found guilty during that period; or\n\t(c)\thas, within the preceding period of 5 years, been convicted or found guilty of contempt of court or has been the subject of a finding of unprofessional conduct by a court or tribunal; or\n\t(d)\thas, within the preceding period of 5 years, been found by SAET to have breached the code of conduct established under these regulations or a code of conduct established under a corresponding previous enactment.\n\t(2)\tSubregulation (1)(d) does not apply to a recognised advocate.\n\t(3)\tFor the purposes of section 26(2)(b) of the Act a person who applies for registration or renewal of registration must satisfy the Registrar that they are not disqualified in accordance with this regulation.\n8—Person ceasing to be recognised advocate\nIf—\n\t(a)\tin relation to a person who is registered as a registered agent under paragraph (a) of the definition of recognised advocate—\n\t(i)\tthe person ceases to be an officer or employee of the relevant association; or\n\t(ii)\tthe relevant association ceases to support the person's registration; or\n\t(b)\tin relation to a person who is registered as a registered agent under paragraph (b) of the definition of recognised advocate—the relevant employer of public employees ceases to support the person's registration,\nthe person ceases to be entitled to be registered on that part of the register relating to recognised advocates (but the person may, if they think fit, apply for registration as a registered agent in their own right).\n9—Code of conduct\n\t(1)\tThe code of conduct set out in Schedule 2 is established under section 26(5) of the Act.\n\t(2)\tHowever, Part 1 of the code of conduct does not apply to recognised advocates.\n10—Payment of fees\n\t(1)\tNo fee is payable by a recognised advocate for the purposes of registration as a registered agent.\n\t(2)\tIf a renewal fee prescribed by notice for the purposes of the Act is not paid as required, the Registrar may serve on the relevant person a notice in writing to the effect that their registration as an agent under the Act will lapse if the fee is not paid within 14 days after the notice is served.\n\t(3)\tThe Registrar may extend (and further extend) the period within which a renewal fee must be paid.\n\t(4)\tSubject to an extension under subregulation (3), if a renewal fee is not paid within the time that applies under subregulation (2), the person's registration as an agent under the Act is automatically cancelled.\n11—Penalty\nA person who breaches, or fails to comply with, a regulation is guilty of an offence.\nMaximum penalty: $2 500.\nSchedule 1—Application for registration as agent (not being a recognised advocate)\nFair Work (Representation) Regulations 2024—regulation 6(2)\nAn application form required by regulation 6(2) must contain the following information:\n\t1\tFull name:\n\t2\tAddress:\nPost Code:\n\t3\tAddress for service of notices:\nPost Code:\n\t4\tContact telephone number:\n\t5\tDetails of relevant qualifications and experience required under the Act and the regulations:\n\t6\tAre you, or have you ever been, a bankrupt or a person whose affairs have been or are being administered under the laws relating to bankruptcy? If \"yes\", give details and include relevant dates.\n\t7\tHave you within the last 5 years been convicted or found guilty of any offence involving dishonesty or have you been a director or officer of a body corporate so convicted or found guilty, or are any such proceedings pending? If \"yes\", give details of the offence, the relevant court and the penalty. If proceedings are pending, give details of the nature of the allegations, the present position of the proceedings, the relevant court and the date of the hearing of the proceedings. If applicable, give details of your position in any body corporate so convicted or found guilty or in respect of which such proceedings are pending.\n\t8\tHave you within the last 5 years been convicted or found guilty of contempt of court or been the subject of a finding of unprofessional conduct by a court or tribunal, or are any such proceedings pending? If \"yes\", give details of the circumstances and the relevant court or tribunal. If proceedings are pending, give details of the nature of the allegations, the present position of the proceedings, the relevant court or tribunal and the date of the hearing of the proceedings.\n\t9\tI declare that I am not a person—\n\t(a)\twhose name has been struck off the role of legal practitioners; or\n\t(b)\twho, although a legal practitioner, is not entitled to practise the profession of law because of any disciplinary action taken against me; or\n\t(c)\twho is disqualified by regulation from registration.\nDate:\nSigned:\nInformation\nAddress should show an address of premises (not a post office box).\nThe applicant should attach copies of any documentation relating to their qualifications or experience which they are able to provide.\nThe application must be accompanied by 2 references, the relevant application fee, and a statutory declaration from the applicant (see regulation 6).\nThe application must be lodged with the Registrar.\nSchedule 2—Code of conduct to be observed by registered agents\nPart 1——Duties to the community\n1—Trust money\n\t(1)\tA registered agent who receives money for or on behalf of a person must, subject to any lien or lawful claim of the registered agent, hold the money in trust for the person and must, subject to the terms of the trust, pay or disperse the money as the person directs.\n\t(2)\tA registered agent must, as soon as practicable after receipt of trust money, deposit the money in a trust account.\n\t(3)\tA registered agent must not withdraw or permit trust money to be withdrawn from a trust account established under this clause except as authorised by this code, or for the purpose of satisfying a lien or lawful claim of the registered agent on that money.\n\t(4)\tThis clause does not prevent or render unlawful the withdrawal from the trust account of trust money in accordance with the order of a court or SAET.\n\t(5)\tA registered agent must keep detailed accounts of all trust money that they receive, and of disbursements or other dealings with that money, so as—\n\t(a)\tto accurately disclose the state of the trust account and dealings with money deposited in the trust account; and\n\t(b)\tto enable the accounts to be conveniently and properly audited.\n2—Trust accounts to be audited\n\t(1)\tA registered agent or partnership of registered agents, must, by 1 March in each year, have their trust account audited up to 31 December in the preceding year by a chartered accountant at the agent's own cost or expense.\n\t(2)\tA registered agent must, within 7 days of a request in writing by an auditor, produce to the auditor all books, papers and accounts which the auditor may require to carry out an audit under this code.\n3—Filing of auditor's certificate\nA registered agent must, by 31 March in each year, file with the Registrar a certificate from the auditor which certifies that the trust account has been properly kept and that all money received or paid into that account has been properly and lawfully dealt with and paid to the persons entitled to the money.\n4—Removal of agent's name from register\nIf—\n\t(a)\ta registered agent fails or refuses to file a certificate from an auditor within the stipulated time; or\n\t(b)\tthe certificate filed by a registered agent does not certify to the matters required by this code; or\n\t(c)\ta registered agent breaches a clause of this code,\nthe registered agent is liable to have their name removed from the register of registered agents.\nPart 2—Duties to clients\n5—Agent to act on client's instructions\nA registered agent must use all proper available legal means to advance a client's interests as the client instructs.\n6—Agent must advise client of basis for calculating charges\nBefore performing work for a client a registered agent must advise the client of the basis that will be used for calculating the agent's charges.\n7—Confidentiality\n\t(1)\tSubject to this clause, a registered agent must not disclose information which has come to them in the course of handling a matter.\n\t(2)\tThis clause does not apply to—\n\t(a)\tcommunications authorised by an Act or law; or\n\t(b)\tcommunications that are incidental to the normal conduct of a matter; or\n\t(c)\tcommunications that have been specifically authorised by the client.\n\t(3)\tThis clause applies whether or not a registered agent's services have been terminated.\n8—Disclosure of interest\n\t(1)\tA registered agent must make a full and frank disclosure to their client of an interest they may have in a transaction or matter in which they are acting for that client.\n\t(2)\tIf an interest disclosed by a registered agent under this clause, is or might be, adverse to the interests of the agent's client, the agent must terminate their services unless specifically instructed by the client to continue to act.\n9—Disclosure of potential conflict of interest\nA registered agent must at all times make a full and frank disclosure to their client of a matter or thing which could reasonably be regarded by the client as raising a conflict of interest on the part of the registered agent.\n10—Agent may act for more than 1 party\nA registered agent may act for more than 1 party provided that all parties are informed they are so acting and there is no conflict of interest in their so acting.\n11—Agent to work in timely fashion\nA registered agent must use reasonable endeavours to complete work for a client in a competent manner and within a reasonable time.\n12—Agent to apprise client of developments\nA registered agent must keep a client appraised of significant developments in a matter entrusted to them by the client unless the client has instructed the registered agent to do otherwise.\n13—Agent must not give advice to advance illegal purpose\nA registered agent must not tender advice to a client if the registered agent knows that the client is requesting the advice to advance an illegal purpose.\n14—Agent may decline to act in certain circumstances\nIf an instruction of a client is such as to prevent the proper performance by a registered agent of their duties, the registered agent must decline to act further and they must advise the client accordingly.\n15—Agent to assist new agent after termination of instructions\n\t(1)\tIf a client has terminated a registered agent's instructions in a matter, the registered agent must offer such assistance, advice or information as may be necessary to enable another registered agent or a legal practitioner to take over the conduct of the matter, and to take such matter in hand promptly and expediently.\n\t(2)\tNothing in this clause affects a lien which may be lawfully imposed by a registered agent on documents which they hold for or on behalf of a client.\nPart 3—Duties to SAET\n16—Agent must not make untruthful statement\nA registered agent must not make a statement of fact, or purported fact, to SAET unless the registered agent has previously established the truth of the statement for themself, or has material in their possession that would lead a reasonable person to believe that the statement was true.\n17—Agent must distinguish between statements of fact and statements based on instructions\nA registered agent must clearly distinguish to SAET between—\n\t(a)\tstatements that are intended to be statements of fact made by the registered agent; and\n\t(b)\tstatements that are made on the instructions that the registered agent has received from his or her client and which depend on the credit of that client.\n18—Imputations against character prohibited\nA registered agent must not make allegations or imputations to SAET against the character of a person unless the allegation or imputation—\n\t(a)\tis relevant to the issues in the case; and\n\t(b)\tis supported by written material in the possession of that agent or the instructions given to them by the party whom that agent represents.\n19—Duty to guard against becoming conduit for certain questions\nA registered agent has a duty to guard against being made the channel for questions that are only intended to insult or annoy a witness or other person, and to exercise their own judgment both as to the substance and the form of the questions that they put.\n20—Undertaking must be carried out\nA registered agent must ensure that an undertaking given by them to SAET is carried out.\n21—Duty relating to discovery of documents\nA registered agent whose client has been directed by SAET to make discovery of books, documents, or other writings which are in their possession or control and which relate to the matters in issue between the parties, must examine those books, documents or other writings as far as possible to ensure that the order for discovery is complied with and that all books, documents and other writings, even if adverse to the interests of the client, have been properly discovered.\nPart 4—Duties to others\n22—Agent not to communicate with another's client without permission\nA registered agent must not directly or indirectly communicate with a client of a legal practitioner, a registered organisation or another registered agent in the same transaction, except with the express approval of that legal practitioner, registered organisation or other registered agent. \n23—Observation of party allowed\n\t(1)\tSubject to this clause, a registered agent may instruct another person to make observations of an opposing party if those observations are directed towards the ascertainment of evidence which might be tendered at the hearing of a matter.\n\t(2)\tA registered agent must not instruct another person—\n\t(a)\tto communicate with an opposing party with a view to obtaining admissions contrary to the interests of that party; or\n\t(b)\tto commit illegal conduct; or\n\t(c)\tto do anything which would be improper for the registered agent to do themselves.\nSchedule 3—Repeal of Fair Work (Representation) Regulations 2009\nThe Fair Work (Representation) Regulations 2009 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2024\n86\nGazette 22.8.2024 p2927 \n22.8.2024: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not accessible. The provided URL returned an error page rather than the requested regulations, meaning no comparison between original intent and final form can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual regulations","Score of 1 reflects absence of content rather than genuine simplicity"],"plain_english_summary":"The Fair Work (Representation) Regulations 2024 could not be retrieved from the South Australian legislation site, so the text isn’t available for review. Without the instrument, no reliable analysis of its effects can be provided — affected parties should search the legislation site, check the SA Government Gazette, or contact OPCWeb@sa.gov.au to obtain the official text."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2009 regulations (explicitly repealed in Schedule 3). The scope remains tightly focused on registration and conduct of industrial agents under the Fair Work Act 1994. No significant expansion beyond the original purpose of regulating paid representation in South Australian industrial relations matters."},"complexity_factors":["Moderate length (11 regulations plus 3 schedules, approximately 3,500 words)","7 defined terms in interpretation section, including nested definition of 'recognised advocate' with two sub-categories","Cross-references to Fair Work Act 1994 (sections 26, 26(2)(a), 26(2)(b), 26(5)) without reproducing that context","Multiple conditional exceptions throughout: recognised advocates exempt from Part 1 of code of conduct (regulation 9(2)), exempt from disqualification for code breaches (regulation 7(2)), and exempt from fees (regulation 10(1))","Nested subregulations with up to 3 levels (e.g., regulation 6(2)(c)(i))","Schedule 2 code of conduct contains 23 separate duties across 4 categories with multiple sub-clauses and exceptions (e.g., clause 7(2) has 3 exceptions to confidentiality)","Temporal conditions ('within preceding 5 years', 'by 1 March', 'within 7 days', 'within 14 days')","Automatic consequences triggered by conditions (registration lapses automatically if fees unpaid, regulation 10(4))"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a system for registering people who can represent others in South Australian industrial relations matters (like disputes, negotiations, or hearings before the South Australian Employment Tribunal, or SAET). Think of it as a licensing scheme for workplace advocates.\n\n**Who it affects:**\n\n- **Registered agents** – people who want to charge fees to represent workers or employers in industrial matters\n- **Recognised advocates** – union officials or public sector employee representatives who get automatic registration without fees because their organisations vouch for them\n- **Clients** – workers and employers who hire these agents\n- **SAET** – the tribunal that hears workplace disputes\n\n**Key features:**\n\n- **Two-tier registration system**: Recognised advocates (union/employer-backed) get streamlined registration with no fees. Everyone else must prove extensive industrial relations experience, provide references, and pay fees.\n\n- **Code of conduct**: Detailed rules covering:\n  - **Money handling** – agents must hold client funds in audited trust accounts (like lawyers do)\n  - **Client duties** – confidentiality, acting on instructions, avoiding conflicts of interest, timely work\n  - **Tribunal duties** – honesty to SAET, no baseless personal attacks, following through on promises\n  - **Professional boundaries** – no sneaky contact with opposing parties, no illegal surveillance\n\n- **Disqualifications**: Automatic bans for undischarged bankrupts, recent fraud convictions, contempt of court, or previous code breaches.\n\n- **Penalties**: Up to $2,500 for breaking the rules.\n\n**Why it matters:**\n\nThis protects people using paid advocates in workplace disputes. Without these rules, anyone could take your money to represent you at SAET with no qualifications, no accountability for mishandling funds, and no professional standards. The regulations ensure representatives are competent, ethical, and financially accountable – while giving unions and public sector bodies a streamlined path for their trained officials."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument repeals the Fair Work (Representation) Regulations 2009 (Schedule 3) and replaces them with a new framework that separates recognised advocates from other agents (reg 4), exempts recognised advocates from registration fees (reg 10(1)) and from Part 1 of the code (reg 9(2)), and imposes specific application, auditing and reporting obligations on other registered agents (reg 6; Schedule 2 cl 1–3)."},"complexity_factors":["Two‑part register with differential treatment for 'recognised advocates' and other agents (reg 4; reg 9(2))","Different registration pathways: recognised advocates may be registered on association/employer support; others must supply detailed applications, two industry references and a statutory declaration (reg 5(2); reg 6(1)‑(2); Schedule 1)","Registrar discretion and procedural duties: accept applications, publish applications within 3 business days, extend renewal periods, cancel registration for non‑payment (reg 6(3); reg 10(2)‑(4))","Detailed, multi‑part code of conduct covering duties to community, clients, SAET and others, with specific procedural and ethical obligations (reg 9; Schedule 2 Parts 1–4)","Financial compliance burdens: mandatory trust accounts, annual audit by a chartered accountant and filing of auditor's certificate by set dates at the agent's cost (Schedule 2 cl 1–3)","Disqualification and exemption rules with 5‑year lookbacks for convictions, contempt or unprofessional conduct, but an explicit exemption for recognised advocates (reg 7(1)‑(3); reg 8; reg 9(2))","Enforcement tools: removal from register for audit non‑compliance or code breaches and criminal offence penalty for regulation breaches (Schedule 2 cl 4; reg 11)","Administrative transparency requirement: publication of applications on a Registrar‑determined website within 3 business days (reg 6(3))"],"plain_english_summary":"These regulations set the rules for people who act as representatives under the Fair Work Act in South Australia. Mechanically they create a two‑part register (recognised advocates and other agents), prescribe entry requirements and application steps, establish a code of conduct, require trust‑account audits and annual filings, set fee rules and a $2,500 penalty for breaches. They primarily affect prospective and current registered agents (who pay registration/renewal and audit costs) and give the Registrar day‑to‑day decision powers (registration, publication, fee extensions, cancellation) (regs 4, 6, 9; Schedule 2; reg 10; reg 11)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-representation-regulations-2024","history":"/api/acts/fair-work-representation-regulations-2024/history","analysis":"/api/acts/fair-work-representation-regulations-2024/analysis","conflicts":"/api/acts/fair-work-representation-regulations-2024/conflicts","importantCases":"/api/acts/fair-work-representation-regulations-2024/important-cases","documents":"/api/acts/fair-work-representation-regulations-2024/documents"}}