Western Australian Current Acts

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STATE ADMINISTRATIVE TRIBUNAL ACT 2004 - SECT 39

39 .         Representation in proceedings

        (1)         At a hearing in a proceeding before the Tribunal a party to the proceeding may appear in person or may be represented by another person, but a party cannot be represented by a person other than a legal practitioner unless —

            (a)         the party is a body corporate and the person is a director, secretary, or other officer of the body corporate; or

            (b)         the party is a public sector body as defined in section 3(1) of the Public Sector Management Act 1994 and the person is a public sector employee authorised by the party to represent it; or

            (c)         the party is a party in the course of or because of the performance, or purported performance, of his or her duties as a public sector employee and the person is another public sector employee authorised by the party to represent him or her; or

            (d)         the person has particular knowledge or experience relevant to the matter that is being dealt with (other than experience obtained as or representing a party in another Tribunal proceeding); or

            (e)         the Tribunal agrees to that person representing the party, and any conditions imposed by the Tribunal are satisfied; or

            (f)         the regulations or the rules authorise it.

        (2)         This section does not authorise a person who could not otherwise lawfully demand or receive any fee or reward for representing a party to demand or receive any fee or reward.

        (3)         A person who has been struck off the roll of practitioners of the Supreme Court or who is suspended from practice as a legal practitioner cannot represent a party.

        (4)         The regulations or the rules may prevent specified persons, or persons of a specified class, from representing a party.



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