sec.530Legal representation

### sec.530 Legal representation This section applies in relation to proceedings other than a proceeding for a public service appeal. A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if— for proceedings in the court— all parties consent; or the court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the full bench—the full bench gives leave; or for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or for other proceedings before the commission, other than the full bench— all parties consent; or for a proceeding relating to a matter under a relevant provision—the commission gives leave; or for proceedings before an Industrial Magistrates Court— all parties consent; or both of the following apply— the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and an Industrial Magistrates Court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the registrar, including interlocutory proceedings— all parties consent; or the registrar gives leave; or for proceedings before a conciliator—the conciliator gives leave. However, the person or party must not be represented by a lawyer— if the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or in proceedings before the commission under section 403 or 475 ; or in proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) . Despite subsection (1) , a party or person may be represented by a lawyer in making a written submission to the commission in relation to— the making or variation of a modern award under chapter 3 ; and the making of a general ruling about the Queensland minimum wage under section 458 . An industrial tribunal may give leave under subsection (1) only if— it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings. a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy a person is from a non-English speaking background or has difficulty reading or writing For this section, a party or person is taken not to be represented by a lawyer if the lawyer is— an employee or officer of the party or person; or an employee or officer of an entity representing the party or person, if the entity is— an organisation; or a State peak council; or another entity that only has members who are employers. In proceedings before the Industrial Magistrates Court for the prosecution of an offence under subsection (1) (f) , the person represented can not be awarded costs of the representation. In this section— industrial tribunal means the Court of Appeal, court, full bench, commission or Industrial Magistrates Court. proceedings — means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator. relevant provision , for a proceeding before the commission other than the full bench, means— chapter 8 ; or section 471 ; or chapter 12 , part 2 or 16 . s 530 amd 2020 No. 35 s 8 ; 2020 No. 34 s 12 ; 2022 No. 27 ss 53 , 3 sch 1 (sec.530-ssec.1A) This section applies in relation to proceedings other than a proceeding for a public service appeal. (sec.530-ssec.1) A party to proceedings, or person ordered or permitted to appear or to be represented in the proceedings, may be represented by a lawyer only if— for proceedings in the court— all parties consent; or the court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the full bench—the full bench gives leave; or for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or for other proceedings before the commission, other than the full bench— all parties consent; or for a proceeding relating to a matter under a relevant provision—the commission gives leave; or for proceedings before an Industrial Magistrates Court— all parties consent; or both of the following apply— the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and an Industrial Magistrates Court gives leave; or the proceedings are for the prosecution of an offence; or for proceedings before the registrar, including interlocutory proceedings— all parties consent; or the registrar gives leave; or for proceedings before a conciliator—the conciliator gives leave. (sec.530-ssec.2) However, the person or party must not be represented by a lawyer— if the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or in proceedings before the commission under section 403 or 475 ; or in proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) . (sec.530-ssec.3) Despite subsection (1) , a party or person may be represented by a lawyer in making a written submission to the commission in relation to— the making or variation of a modern award under chapter 3 ; and the making of a general ruling about the Queensland minimum wage under section 458 . (sec.530-ssec.4) An industrial tribunal may give leave under subsection (1) only if— it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings. a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy a person is from a non-English speaking background or has difficulty reading or writing (sec.530-ssec.5) For this section, a party or person is taken not to be represented by a lawyer if the lawyer is— an employee or officer of the party or person; or an employee or officer of an entity representing the party or person, if the entity is— an organisation; or a State peak council; or another entity that only has members who are employers. (sec.530-ssec.6) In proceedings before the Industrial Magistrates Court for the prosecution of an offence under subsection (1) (f) , the person represented can not be awarded costs of the representation. (sec.530-ssec.7) In this section— industrial tribunal means the Court of Appeal, court, full bench, commission or Industrial Magistrates Court. proceedings — means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator. relevant provision , for a proceeding before the commission other than the full bench, means— chapter 8 ; or section 471 ; or chapter 12 , part 2 or 16 . - (a) for proceedings in the court— (i) all parties consent; or (ii) the court gives leave; or (iii) the proceedings are for the prosecution of an offence; or - (i) all parties consent; or - (ii) the court gives leave; or - (iii) the proceedings are for the prosecution of an offence; or - (b) for proceedings before the full bench—the full bench gives leave; or - (c) for proceedings before the commission, other than the full bench, under the Anti-Discrimination Act 1991 —the commission gives leave; or - (d) for proceedings before the commission, other than the full bench, relating to an industrial matter involving allegations of sexual harassment or sex or gender-based harassment—the commission gives leave; or - (e) for other proceedings before the commission, other than the full bench— (i) all parties consent; or (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or - (i) all parties consent; or - (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or - (f) for proceedings before an Industrial Magistrates Court— (i) all parties consent; or (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or (iii) the proceedings are for the prosecution of an offence; or - (i) all parties consent; or - (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or - (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and - (B) an Industrial Magistrates Court gives leave; or - (iii) the proceedings are for the prosecution of an offence; or - (g) for proceedings before the registrar, including interlocutory proceedings— (i) all parties consent; or (ii) the registrar gives leave; or - (i) all parties consent; or - (ii) the registrar gives leave; or - (h) for proceedings before a conciliator—the conciliator gives leave. - (i) all parties consent; or - (ii) the court gives leave; or - (iii) the proceedings are for the prosecution of an offence; or - (i) all parties consent; or - (ii) for a proceeding relating to a matter under a relevant provision—the commission gives leave; or - (i) all parties consent; or - (ii) both of the following apply— (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and (B) an Industrial Magistrates Court gives leave; or - (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and - (B) an Industrial Magistrates Court gives leave; or - (iii) the proceedings are for the prosecution of an offence; or - (A) the proceedings relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; and - (B) an Industrial Magistrates Court gives leave; or - (i) all parties consent; or - (ii) the registrar gives leave; or - (a) if the party is a negotiating party to arbitration proceedings before the commission under chapter 4 , part 3 , division 2 ; or - (b) in proceedings before the commission under section 403 or 475 ; or - (c) in proceedings remitted to the Industrial Magistrates Court under section 404 (2) or 475 (2) . - (a) the making or variation of a modern award under chapter 3 ; and - (b) the making of a general ruling about the Queensland minimum wage under section 458 . - (a) it would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or - (b) it would be unfair not to allow the party or person to be represented because the party or person is unable to represent the party’s or person’s interests in the proceedings; or - (c) it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings. - • a party is a small business and has no specialist human resources staff, while the other party is represented by an officer or employee of an industrial organisation or another person with experience in industrial relations advocacy - • a person is from a non-English speaking background or has difficulty reading or writing - (a) an employee or officer of the party or person; or - (b) an employee or officer of an entity representing the party or person, if the entity is— (i) an organisation; or (ii) a State peak council; or (iii) another entity that only has members who are employers. - (i) an organisation; or - (ii) a State peak council; or - (iii) another entity that only has members who are employers. - (i) an organisation; or - (ii) a State peak council; or - (iii) another entity that only has members who are employers. - (a) means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and - (b) includes conciliation being conducted under part 3 , division 4 or part 5 , division 5A by a conciliator. - (a) chapter 8 ; or - (b) section 471 ; or - (c) chapter 12 , part 2 or 16 .