48Representation before Commission

#### 48 Representation before Commission 48 Representation before Commission > > (1) A person who is a party to proceedings before the Commission is entitled to be represented by an Australian legal practitioner or by an agent. > > > (2) The Commission may refuse to permit a party to be represented by an agent if of the opinion that the agent does not have sufficient authority to make binding decisions on behalf of the party. > > > (3) In proceedings in respect of a claim within the meaning of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), the Commission must refuse to permit an insurer to be represented by an Australian legal practitioner if the claimant is not represented by an Australian legal practitioner unless leave is granted by the Commission under subsection (4). > > > (4) The Commission may, on the application of an insurer, grant leave for an insurer to be represented by an Australian legal practitioner only if satisfied that— > > > > > (a) the representation would enable the matter to be dealt with more efficiently, taking into account the complexity of the matter, or > > > > > (b) it would be unfair not to allow the insurer to be represented because the insurer is unable to represent the insurer effectively, or > > > > > (c) it would be unfair not to allow the insurer to be represented, taking into account fairness between the insurer and other parties in the proceedings. > > > (5) The Commission may at any time revoke leave it has granted under subsection (4). > > > (6) A party to proceedings before the Commission is entitled to representation or assistance (for example, the assistance of an interpreter) as may be necessary to enable the party to communicate adequately at any conference or hearing. > > > (7) The Commission must take into account any written submission prepared by an Australian legal practitioner acting for a party to proceedings and submitted by or on behalf of the party (whether or not the party is represented by an Australian legal practitioner at any conference or hearing in the proceedings). > > > (8) In this section— > > > > agent, in relation to proceedings allocated to the Workers Compensation Division, means— > > > > > (a) an officer of an industrial organisation of employers or employees registered under the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017), or > > > > > (b) an officer of an association of employers or employees registered under the [Fair Work Act 2009](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (c) a person employed by a licensed insurer or former licensed insurer or by a self-insurer within the meaning of the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086), or > > > > > (d) a person employed by a law practice within the meaning of the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).