Part 3Representation

Part 3—Representation 25—Representation (1) In addition to section 51(1)(a) and (b) of the South Australian Employment Tribunal Act 2014, a party to proceedings before SAET under this Act is entitled, without leave, to be represented by— (a) in the case of a party that is not otherwise represented by counsel in accordance with section 51(1)(b) of the South Australian Employment Tribunal Act 2014—a registered agent; or (b) an officer or employee of an industrial association acting in the course of their office or employment with that industrial association. (2) However, in the case of a voluntary or compulsory conference, a party or intervener may, subject to subsections (3) and (4), only be represented by a legal practitioner or registered agent with the permission of the person presiding at the conference. (3) Permission is not required under subsection (2) if— (a) the legal practitioner or registered agent is an officer or employee of— (i) an employer who is a party to the proceedings; or (ii) the United Trades and Labor Council; or (iii) a registered association of which a member is a party to the relevant industrial dispute; or (b) the legal practitioner is acting on behalf of the Minister for the purposes of the conference; or (c) in the case of a compulsory conference—the matter has already been referred to SAET. (4) Permission will only be granted under subsection (2) if (and only if)— (a) all of the parties consent to the application for permission; or (b) another party is represented by a legal practitioner or registered agent; or (c) another party is a legal practitioner or is legally qualified; or (d) the person presiding at the conference is satisfied— (i) the party or intervener would, if permission were not granted, be unfairly disadvantaged; or (ii) permission is appropriate in the circumstances. (5) The costs incurred by a party for representation at a voluntary or compulsory conference by a legal practitioner or registered agent acting under the preceding subsections will not be included in any order for costs. 26—Registered agents (1) The Registrar must maintain a register of registered agents. (2) A person who applies for registration or renewal of registration is entitled to registration or renewal of registration (as the case requires) if the person— (a) has the qualifications and experience required by regulation for registration or the renewal of registration (as the case requires); and (b) satisfies the Registrar as to any other matter or requirement prescribed by the regulations; and (c) pays the relevant fee fixed by regulation. (3) A person who is not entitled to practise as a legal practitioner because his or her name has been struck off the roll of legal practitioners in this State or elsewhere or because of other disciplinary action taken against him or her is not eligible to become or remain registered as an agent. (4) Registration will be granted or renewed for a period (not exceeding 2 years) determined by the Registrar. (5) The Governor may, by regulation, establish a code of conduct to be observed by registered agents. (6) The code of conduct may (for example) deal with the following matters: (a) it may regulate the fees to be charged by registered agents; (b) it may require proper disclosure of fees before the registered agent undertakes work for a client; (c) it may limit the extent to which a registered agent may act on the instructions of an unregistered association. 27—Inquiries into conduct of registered agents or other representative (1) The Registrar may inquire into the conduct of a registered agent or other representative in order to determine whether proper grounds for disciplinary action exist. (2) Proper grounds for disciplinary action exist if— (a) in the case of a registered agent— (i) the agent commits a breach of the code of conduct; or (ii) the agent is not a fit and proper person to remain registered as an agent; or (b) in the case of another representative—the representative's conduct falls short of the standards that should reasonably be expected of a person undertaking the representation of another in proceedings before SAET. (3) If, on inquiry, the Registrar finds that proper grounds for disciplinary action exist, the Registrar may— (a) issue a letter of admonition; or (b) if the representative is a legal practitioner—refer the matter to the Legal Profession Conduct Commissioner for investigation; or (c) if the representative is a registered agent— (i) suspend the agent's registration for a period of up to 6 months; or (ii) cancel the agent's registration. (4) An appeal lies to SAET against a decision of the Registrar under subsection (3)(c). (5) An appeal must be instituted in accordance with the rules of SAET.