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CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 45
Representation of parties
45 Representation of parties
(1) A party to proceedings in the Tribunal-- (a) has the carriage of the
party's own case and is not entitled to be represented by any person, and
(b)
may be represented by another person only if the Tribunal grants leave-- (i)
for that person to represent the party, or
(ii) in the case of representation
by an Australian legal practitioner--for a particular or any Australian legal
practitioner to represent the party.
(2) However, a party to an
internal appeal (or in an application for leave to make an internal appeal)
may be represented by a person without requiring the leave of an Appeal Panel
if the party was entitled to be represented by such a person without the leave
of Tribunal in the proceedings in which the decision under appeal was made.
Note : A Division Schedule for a Division of the Tribunal may, in some cases,
allow certain kinds of persons to represent parties in proceedings allocated
to that Division without requiring the leave of the Tribunal.
(3)
The Tribunal may at its discretion-- (a) grant or refuse leave under
subsection (1)(b), and
(b) revoke any leave that it has granted.
(4)
The Tribunal may-- (a) appoint a person to act as guardian ad litem for a
party, or
(b) appoint a person to represent a party, or
(c) order that a
party be separately represented.
(4A) In proceedings that directly or
significantly affect a child (that is, a person under the age of 18 years) who
is not a party to the proceedings, the Tribunal may-- (a) appoint a person to
act as guardian ad litem for the child, or
(b) order that the child be
separately represented.
(4B) The Tribunal may, at its discretion, revoke any
appointment or order made under subsection (4) or (4A).
(4C) Without limiting
subsection (4)(a) or (4A)(a), the Tribunal may order that a person be
represented by a guardian ad litem without naming a particular person to be
appointed as guardian ad litem.
(4D) If the Tribunal makes an order under
subsection (4C) the guardian ad litem is taken to have been appointed as
guardian ad litem when the Tribunal receives a written notice from the
administrator of the Guardian Ad Litem Panel naming the person selected to be
the guardian ad litem.
(5) A person is not entitled to legal aid under the
Legal Aid Commission Act 1979 merely because the Tribunal has made an order
under subsection (4)(c) or (4A)(b).
(6) Anything done or omitted to be done
by a person of a class prescribed by the regulations who is appointed by
the Tribunal to represent a party or other person does not subject the person
personally to any action, liability, claim or demand if the thing was done, or
omitted to be done, in good faith for the purpose of representing the party or
other person. However, any such liability attaches instead to the Crown.
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