97Appointed representative for person under legal incapacity

#### 97 Appointed representative for person under legal incapacity 97 Appointed representative for person under legal incapacity > Note 1— > > The MAI Act, section 7.47(2) and the Motor Accident Guidelines provide for the appointment of appointed representatives. > > Note 2— > > The Commission may, at any time, remove an appointed representative appointed by the Commission—see the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 47(1)(b)(i). > > > (1) An appointed representative for a person under legal incapacity must, in relation to the proceedings for which the appointed representative is appointed— > > > > > (a) act in the best interests of the person under legal incapacity, and > > > > > (b) not participate except as the person’s appointed representative. > > > (2) The appointed representative may exercise the following functions under the MAI Act, Part 7 in the same way the person under legal incapacity could have exercised the functions if not under legal incapacity— > > > > > (a) make an application, > > > > > (b) refer a matter to the Commission, > > > > > (c) carry on proceedings. > > > (3) However, the appointed representative must not exercise the function unless the appointed representative, or the appointed representative’s solicitor for the proceedings, certifies to the Commission that the appointed representative— > > > > > (a) consents to acting as appointed representative, and > > > > > (b) does not have an adverse interest, and > > > > > (c) agrees to comply with these rules and the procedural directions. > > > (4) If the appointed representative becomes aware the appointed representative has an adverse interest, the appointed representative must notify the appointed representative’s solicitor, if any, and the Commission as soon as practicable. > > > (5) The appointed representative must take reasonable steps to understand— > > > > > (a) the issues in the proceedings, and > > > > > (b) the interests and wishes of the person under legal incapacity in relation to the proceedings, and > > > > > (c) legal advice from the appointed representative’s solicitor about the proceedings. > > > (6) The appointed representative must— > > > > > (a) attend the proceedings, and > > > > > (b) represent and support the person under legal incapacity during the proceedings, including by taking reasonable steps to assist the person to understand and participate in the proceedings, and > > > > > (c) take reasonable steps to explore settlement in the proceedings. > > > (7) The appointed representative must not use or disclose confidential information obtained while acting as appointed representative unless permitted or required by law to use or disclose the information. > > > (8) In this rule— > > > > adverse interest means an interest in the proceedings that is adverse to the interests of the person under legal incapacity. > > > > appointed representative, for a person under legal incapacity, has the same meaning as in the MAI Act, section 7.47. > > > > Note— > > > > In this rule, person under legal incapacity has the same meaning as in the MAI Act, section 7.47. > > **rule 97:** Am 2022 (170), Sch 1\[7\]. Subst 2026 (116), Sch 1.1\[2\].