Industrial Relations Act 2016

A party to proceedings, or a person ordered or permitted to appear or to be represented in the proceedings, may be represented in the proceedings by—

a lawyer, only in accordance with section 530; or

an employee or officer of an organisation appointed in writing as the agent of the party or person; or

if the party or person is an organisation—an employee, officer or member of the organisation; or

if the party or person is an employer—an employee or officer of the employer; or

another person appointed in writing as the agent of the party or person, only with the leave of the industrial tribunal conducting the proceedings.

However, a party or person may not be represented under subsection (1)(e) by a person who—

directly or indirectly demands or receives a fee for representing the party or person; or

is an employee or officer of, or acting for, an entity (other than an organisation) that purports to represent the industrial interests of employees or employers.

The industrial tribunal may give leave under subsection (1)(e) only if—

giving leave would enable the proceedings to be dealt with more efficiently, having regard to the complexity of the matter; or

it would be unfair not to allow the party or person to be represented because the party or person is unable to represent itself, himself or herself; or

it would be unfair not to allow the party or person to be represented having regard to fairness between the party or person, and other parties or persons in the proceedings.

In this section—

industrial tribunal means the Court of Appeal, court, full bench or commission or an Industrial Magistrates Court.

proceedings—

means proceedings under this Act or another Act being conducted by the court, the commission, an Industrial Magistrates Court or the registrar; and

includes conciliation being conducted under part 3, division 4 or part 5, division 5A by a conciliator.