sec.43Representation

sec.43 Representation

The main purpose of this section is to have parties represent themselves unless the interests of justice require otherwise. In a proceeding, a party— may appear without representation; or may be represented by someone else if— the party is a child or a person with impaired capacity; or the proceeding relates to taking disciplinary action, or reviewing a decision about taking disciplinary action, against a person; or an enabling Act that is an Act, or the rules, states the person may be represented; or the party has been given leave by the tribunal to be represented. In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave— the party is a State agency; the proceeding is likely to involve complex questions of fact or law; another party to the proceeding is represented in the proceeding; all of the parties have agreed to the party being represented in the proceeding. A party can not be represented in a proceeding by a person— who, under rules made under section 224 (3) , is disqualified from being a representative of a party to a proceeding; or who is not an Australian legal practitioner or government legal officer, unless the tribunal is satisfied the person is an appropriate person to represent the party. A person who is not an Australian legal practitioner or government legal officer and who is seeking to represent a party in a proceeding must give the tribunal a certificate of authority from the party for the representation if— the party is a corporation; or the tribunal has asked for the certificate. The tribunal may appoint a person to represent an unrepresented party. In this section— Australian legal practitioner see the Legal Profession Act 2007 . government legal officer see the Legal Profession Act 2007 . (sec.43-ssec.1) The main purpose of this section is to have parties represent themselves unless the interests of justice require otherwise. (sec.43-ssec.2) In a proceeding, a party— may appear without representation; or may be represented by someone else if— the party is a child or a person with impaired capacity; or the proceeding relates to taking disciplinary action, or reviewing a decision about taking disciplinary action, against a person; or an enabling Act that is an Act, or the rules, states the person may be represented; or the party has been given leave by the tribunal to be represented. (sec.43-ssec.3) In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave— the party is a State agency; the proceeding is likely to involve complex questions of fact or law; another party to the proceeding is represented in the proceeding; all of the parties have agreed to the party being represented in the proceeding. (sec.43-ssec.4) A party can not be represented in a proceeding by a person— who, under rules made under section 224 (3) , is disqualified from being a representative of a party to a proceeding; or who is not an Australian legal practitioner or government legal officer, unless the tribunal is satisfied the person is an appropriate person to represent the party. (sec.43-ssec.5) A person who is not an Australian legal practitioner or government legal officer and who is seeking to represent a party in a proceeding must give the tribunal a certificate of authority from the party for the representation if— the party is a corporation; or the tribunal has asked for the certificate. (sec.43-ssec.6) The tribunal may appoint a person to represent an unrepresented party. (sec.43-ssec.7) In this section— Australian legal practitioner see the Legal Profession Act 2007 . government legal officer see the Legal Profession Act 2007 .