(1) In addition to
section 51(1)(a) and (b) of the South Australian Employment
Tribunal Act 2014 , a party to proceedings before SAET under this Act is
entitled, without leave, to be represented by—
(a) in
the case of a party that is not otherwise represented by counsel in accordance
with section 51(1)(b) of the South Australian Employment Tribunal
Act 2014 —a registered agent; or
(b) an
officer or employee of an industrial association acting in the course of
employment with that industrial association.
(2) However, in the
case of a voluntary or compulsory conference, a party or intervener may,
subject to subsections (3) and (4), only be represented by a
legal practitioner or registered agent with the permission of the person
presiding at the conference.
(3) Permission is not
required under subsection (2) if—
(a) the
legal practitioner or registered agent is an officer or employee of—
(i)
an employer who is a party to the proceedings; or
(ii)
the United Trades and Labor Council; or
(iii)
a registered association of which a member is a party to
the relevant industrial dispute; or
(b) the
legal practitioner is acting on behalf of the Minister for the purposes of the
conference; or
(c) in
the case of a compulsory conference—the matter has already been referred
to SAET.
(4) Permission will
only be granted under subsection (2) if (and only if)—
(a) all
of the parties consent to the application for permission; or
(b)
another party is represented by a legal practitioner or registered agent; or
(c)
another party is a legal practitioner or is legally qualified; or
(d) the
person presiding at the conference is satisfied—
(i)
the party or intervener would, if permission were not
granted, be unfairly disadvantaged; or
(ii)
permission is appropriate in the circumstances.
(5) The costs incurred
by a party for representation at a voluntary or compulsory conference by a
legal practitioner or registered agent acting under the preceding subsections
will not be included in any order for costs.