South Australian Numbered Acts

WORKERS REHABILITATION AND COMPENSATION (SCHEME REVIEW) AMENDMENT ACT 2008 (NO 17 OF 2008) - SECT 68

68—Insertion of section 95A

After section 95 insert:

95A—Costs liability of representatives

        (1)         In this section—

"professional representative" means a legal practitioner or other person who has been engaged or appointed to represent a party to proceedings before the Tribunal (whether personally or through an employee or agent).

        (2)         If a professional representative acting for a party to proceedings before the Tribunal under this Part (whether personally or through an employee or agent) has caused costs—

            (a)         to be incurred improperly or without reasonable cause; or

            (b)         to be wasted by undue delay or negligence or by any other misconduct or default,

the Tribunal may make an order as specified in subsection (3).

        (3)         The Tribunal may order—

            (a)         that all or any of the costs between the professional representative and his or her client be disallowed or that the professional representative repay to his or her client the whole or part of any money paid on account of costs;

            (b)         that the professional representative pay to his or her client all or any of the costs which his or her client has been ordered to pay to any party;

            (c)         that the professional representative pay all or any of the costs of any party other than his or her client.

        (4)         Without limiting subsection (2), a professional representative is in default for the purposes of that subsection if any proceedings cannot conveniently be heard or proceed, or fail or are adjourned without any useful progress being made, because the professional representative failed to—

            (a)         attend in person or by a proper representative; or

            (b)         file any document which ought to have been filed; or

            (c)         lodge or deliver any document for the use of the Tribunal which ought to have been lodged or delivered; or

            (d)         be prepared with any proper evidence or account; or

            (e)         otherwise proceed.

        (5)         The Tribunal may not make an order against a professional representative under subsection (3) unless the Tribunal has informed the professional representative of the nature of the order proposed and allowed the professional representative a reasonable opportunity to make representations, and call evidence, in relation to the matter.

        (6)         The Tribunal may order that notice of any proceedings or order against a professional representative under this section be given to the client in such manner as the Tribunal directs.

        (7)         A decision of the Tribunal constituted of a conciliation officer under this section may be reviewed, on application under the rules, by a presidential member of the Tribunal.

        (8)         On a review under subsection (7), the presidential member of the Tribunal may—

            (a)         decide the matter and, if he or she thinks fit—

                  (i)         make any order that may be made under this section at first instance;

                  (ii)         vary or revoke the order that is the subject of the review;

            (b)         refer the matter back to the conciliation officer with directions the presidential member thinks fit;

            (c)         make consequential or related orders.