9Grant and revocation of leave for person, other than Australian legal practitioner, to represent party

9 Grant and revocation of leave for person, other than Australian legal practitioner, to represent party

(1)  In dealing with an application, for the purposes of section 98(1)(c) of the Act, for leave to be granted to a person, other than an Australian legal practitioner, to represent a party to proceedings, the Tribunal is, subject to the requirements of the relevant Act for the purposes of which the application is made, to have regard to –

(a) such of the following circumstances as the Tribunal considers are relevant to the proceedings:

(i) whether the proposed representative has sufficient knowledge of the issues in dispute to enable the proposed representative to represent the applicant effectively before the Tribunal;

(ii) whether the proposed representative has the ability to deal fairly and honestly with the Tribunal and other persons involved in the proceedings;

(iii) whether the proposed representative is vested with sufficient authority to bind the party; and

(b) any other circumstances that the Tribunal considers relevant.

(2)  The Tribunal may revoke leave granted to a person to represent a party to proceedings only if the Tribunal is satisfied that –

(a) the party no longer consents to the person representing the party; or

(b) the person applied for leave to represent the party without the consent of the party; or

(c) the person does not have the qualities referred to in subrule (1)(a) ; or

(d) the party is, or has become, incapable of instructing the representative; or

(e) any other grounds are present that the Tribunal considers sufficient to justify the revocation.