32Granting and revocation of leave for a person to represent party

32 Granting and revocation of leave for a person to represent party

32 Granting and revocation of leave for a person to represent party

(1) In dealing with an application under section 45 of the Act for leave to be granted to a person (other than an Australian legal practitioner) to represent a party to proceedings, the Tribunal is to have regard to—

(a) such of the following circumstances as it considers are relevant to the proceedings—

(i) whether the proposed representative has sufficient knowledge of the issues in dispute to enable him or her to represent the applicant effectively before the Tribunal,

(ii) whether the proposed representative has the ability to deal fairly and honestly with the Tribunal and other persons involved in the proceedings,

(iii) whether the proposed representative is vested with sufficient authority to bind the party, and

(b) any other circumstances that it considers relevant.

(2) The Tribunal may revoke leave granted to a person to represent a party to proceedings only if the Tribunal is satisfied that—

(a) the party no longer consents to the person representing the party, or

(b) the person applied for leave to represent that party without the consent of the party, or

(c) the person does not have the qualities referred to in subrule (1)(a)(i) or (ii) to act as the party’s representative, or

(d) the party is, or has become, incapable of instructing the representative, or

(e) any other grounds are present that the Tribunal considers sufficient to justify the revocation.