sec.33Representation by agent

sec.33 Representation by agent

A party to a mediation session is not entitled to be represented by an agent unless— it appears to the director that— an agent should be permitted in order to facilitate mediation; and the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and the director so approves. Subsection (1) does not prevent— where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or where any other corporation is a party to a mediation session—an agent appointed by the corporation; from representing that corporation. Where a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions. Contravention of any provision of this section does not invalidate any mediation session. s 33 amd 1996 No. 79 s 28 ; 1997 No. 28 s 295 sch 3 ; 2001 No. 45 s 29 sch 3 (sec.33-ssec.1) A party to a mediation session is not entitled to be represented by an agent unless— it appears to the director that— an agent should be permitted in order to facilitate mediation; and the agent proposed to be appointed has sufficient knowledge of the matter in dispute to enable the agent to represent the party effectively; and the director so approves. (sec.33-ssec.2) Subsection (1) does not prevent— where a corporation within the meaning of the Corporations Act is party to a mediation session—an officer of the corporation; or where a corporation that is a body corporate constituted under the Building Units and Group Titles Act 1980 , is a party to a mediation session—the proprietor or, if there is more than 1 proprietor, 1 of the proprietors, constituting that corporation; or if a corporation that is the body corporate for a community titles scheme under the Body Corporate and Community Management Act 1997 is a party to a mediation session—1 member of the body corporate; or where any other corporation is a party to a mediation session—an agent appointed by the corporation; from representing that corporation. (sec.33-ssec.3) Where a director approves of the representation of a party by an agent, the approval of the director may be given subject to such conditions as the director considers reasonable to ensure that any other party to the mediation session is not substantially disadvantaged by the agent appearing at the mediation session and, where the director does so, the entitlement of the agent to represent the party is subject to compliance by the agent with those conditions. (sec.33-ssec.4) Contravention of any provision of this section does not invalidate any mediation session.