89Who may conduct proceedings

89 Who may conduct proceedings (1) A particular proceeding may be conducted by any of the following persons, who must be suitably qualified in accordance with this section to conduct that proceeding: (a) the Commissioner; (b) a delegate of the Commissioner under section 13; (c) any other person appointed in writing by the Commissioner. (2) The Commissioner must ensure that, in relation to an application, the same person does not personally conduct more than one of the following: (a) a preliminary conciliation conference; (b) a conciliation conference; (c) an inquiry.

Business Tenancies (Fair Dealings) Act 2003 60 (3) If a conciliation conference is to be conducted by a delegate of the Commissioner, the Commissioner must ensure that wherever practicable the delegate has the prescribed qualifications. (4) A person conducting an inquiry must be a lawyer who has been admitted to the legal profession for at least 5 years. (5) A conference or an inquiry in respect of an application is not to be conducted by a person who has conducted or taken part in an investigation to determine whether an offence against this Act has been committed by a party to the application in relation to the disputed matter.