South Australian Current Acts

RETIREMENT VILLAGES ACT 2016 - SCHEDULE 1

Schedule 1—Proceedings before the Tribunal

1—Application of Schedule

Subject to any variation or exclusion prescribed by the regulations, this Schedule applies to proceedings before the Tribunal under this Act.

3—Presentation of cases before Tribunal

        (1)         Except as provided in this clause, a party to proceedings before the Tribunal under this Act must present his or her own case and not be represented or assisted in the presentation of the case by another person.

        (2)         A party to proceedings before the Tribunal may be represented by an agent or assisted by an agent in the presentation of his or her case if the Tribunal is satisfied that—

            (a)         the party is unable to appear personally or conduct the proceedings properly himself or herself; and

            (b)         no other party will be unfairly disadvantaged by the fact that the agent is allowed so to act.

        (3)         All or any of the parties to any proceedings before the Tribunal may be represented by legal practitioners—

            (a)         if all the parties agree and the Tribunal is satisfied that any party who is not so represented will not be unfairly disadvantaged; or

            (b)         if 1 of the parties is a legally qualified person; or

            (c)         if the proceedings involve an amount which exceeds $50 000 or such other amount as is prescribed instead by regulation; or

            (d)         if the Tribunal gives leave for such representation.

        (4)         If a party applies for leave permitting representation by a legal practitioner under subclause (3)(d), it must be granted if the Tribunal is satisfied—

            (a)         that the granting of leave is likely to reduce costs or shorten the proceedings; or

            (b)         that the applicant would, if leave were not granted, be unfairly disadvantaged.

        (5)         This clause does not prevent—

            (a)         a body corporate from being represented by an officer or employee of the body corporate (not being a legally qualified person) authorised to conduct the proceedings on its behalf (whether or not he or she is remunerated by the body corporate for representing it in the proceedings); or

            (b)         a person from acting as an interpreter for a party provided that his or her fee does not exceed an amount fixed by the Tribunal at the hearing.

        (6)         A person must not demand or receive any fee or reward for representing or assisting a party to proceedings before the Tribunal unless—

            (a)         the person is a legal practitioner; or

            (b)         if the party is a body corporate—the person is an officer or employee of the body corporate representing it under subclause (5).

Maximum penalty: $750.

        (7)         In this clause—

agent means a person who is not a legally qualified person;

legally qualified person means a legal practitioner, an articled law clerk, or a person who holds or has held legal qualifications under the laws of this State or any other place.

4—Costs on referral of question of law

Any costs arising from the referral of a question of law to the Supreme Court under section 26(2)(b) of the South Australian Civil and Administrative Tribunal Act 2013 , including costs incurred by the parties to the proceedings, must be paid out of the General Revenue of the State and this Act, without any further appropriation, is sufficient authority for such payment.