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Sunday, June 2, 2013

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 62

Posted on 11:30 PM by Unknown
Representation of parties
62. Representation of parties

(1) In any proceeding a party-

(a) may appear personally; or

(b) may be represented by a professional advocate if-

(i) the party is a person referred to in subsection (2); or

(ii) another party to the proceeding is a professional advocate; or

(iii) another party to the proceeding who is permitted under this section
to be represented by a professional advocate is so represented; or

(iv) all the parties to the proceeding agree; or

(c) may be represented by any person (including a professional advocate)
permitted or specified by the Tribunal.

(2) The following persons may be represented by a professional advocate in a
proceeding-

(a) a child;

(b) a municipal council;

(c) the State or a Minister or other person who represents the State;

(d) a public entity within the meaning of the
Public Administration Act 2004;

(e) the holder of a statutory office within the meaning of the
Public Administration Act 2004;

(f) a credit provider within the meaning of the Consumer Credit (Victoria)
Code or the Credit Act 1984;

(g) an insurer within the meaning of the
Domestic Building Contracts Act 1995.

(3) A party that is a body corporate may be represented in a proceeding by a
director, secretary or other officer except, in the case of a body corporate
that is not referred to in subsection (2), a director, secretary or officer
who is a professional advocate.

(4) Despite subsection (3), if all officers of a body corporate are
professional advocates, one of those officers may represent the body corporate
in a proceeding.

(5) If a party is a child, the Tribunal may appoint a litigation guardian, in
accordance with the rules, to conduct the proceeding on behalf of the child.

(6) If a party is unrepresented in a proceeding, the Tribunal may appoint a
person (whether or not a professional advocate) to represent that party.

(7) If a person who is not a professional advocate seeks to represent a party
in a proceeding-

(a) if the party is a body corporate, the person must give the Tribunal a
certificate of authority for the representation from the body
corporate; or

(b) in any other case, the Tribunal may require the person to produce a
certificate of authority for the representation from the party.

(8) In this section-

professional advocate means-

(a) a person who is or has been a legal practitioner; or

(b) a person who is or has been an articled clerk or law clerk in
Australia; or

(c) a person who holds a degree, diploma or other qualification in law
granted or conferred in Australia; or

(d) a person who, in the opinion of the Tribunal, has had substantial
experience as an advocate in proceedings of a similar nature to the
proceeding before the Tribunal- other than a person who is in a class
of persons disqualified by the rules from being a professional
advocate.

(9) Rules for the purposes of subsection (8) may only disqualify a class of
persons from being professional advocates on the basis that persons in that
class-

(a) have been the subject of disciplinary proceedings under the law of
Victoria, another State, a Territory or the Commonwealth or under the
rules of a professional or occupational association or other body; and

(b) have been found guilty in those proceedings of professional misconduct
(by whatever name called) or of another breach of professional or
occupational standards.

http://www.austlii.edu.au/au/legis/vic/consol_act/vcaata1998428/s62.html
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