Western Australian Current Acts Western Australian Current Acts (1) At a hearing, a
party —
(a) may
appear before the State Administrative Tribunal in person or be represented by
another person; or
(b) must
be represented by another person if the State Administrative Tribunal makes an
order under subsection (2) in respect of the party.
(2) The State
Administrative Tribunal may make an order that the party must be represented
at the hearing if, in the State Administrative Tribunal’s opinion, it is
not in the best interests of the party for the party to appear in person at
the hearing.
(3) The State
Administrative Tribunal may make arrangements for a party to a proceeding
under this Part to be represented at a hearing if the party wants the State
Administrative Tribunal to make such an arrangement on the party’s
behalf.
(4) The fact that a
person has a mental illness, or is being provided with treatment for a mental
illness, is presumed not to be an impediment to the representation of the
person by a legal practitioner before the State Administrative Tribunal or to
the person giving instructions to a legal practitioner for the purpose of that
representation.
(5) Despite the
State Administrative Tribunal Act 2004 section 39(1), a party to a proceeding
under this Part may be represented by a person who is not a legal practitioner
or a person referred to in section 39(1)(a) to (f) of that Act.
Note for this section:
For the purpose of
deciding under section 500(2) what is or is not in the best interests of a
party, Part 2 Division 3 applies.