Document ID: chunk:federal_register_of_legislation:C2025C00141:section:67:p2
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 67 (pt 2/2)
Character Range: 96743–98659

Duty of litigation supporter
 (6) If a party to a proceeding in the Tribunal has a litigation supporter, the litigation supporter must give effect to the party's will and preferences, or likely will and preferences, in relation to the proceeding.
 (7) However, if to do so would pose a serious risk to the party's personal and social wellbeing, the litigation supporter must instead act in a manner that promotes the personal and social wellbeing of the party.
 (8) If the party's will and preferences, or likely will and preferences, cannot be ascertained, the litigation supporter must act in a manner that promotes the personal and social wellbeing of the party.

Resignation and removal of litigation supporter
 (9) A litigation supporter may resign by giving the Tribunal a written resignation.
 (10) The Tribunal may, by order, remove a party's litigation supporter if:
 (a) the party requests a different person be appointed to be a litigation supporter for the party; or
 (b) the Tribunal considers that the party has decision‑making ability; or
 (c) the Tribunal considers that:
 (i) the litigation supporter has a conflict of interest in representing the party; or
 (ii) the litigation supporter has not complied with subsections (6) to (8); or
 (iii) representation of the party by the litigation supporter presents a safety risk to any person; or
 (iv) representation of the party by the litigation supporter presents an unacceptable privacy risk to any person; or
 (v) the litigation supporter is otherwise impeding the Tribunal.

Rules
 (11) The rules may provide for matters relating to litigation supporters.
 (12) Without limiting the scope of rules that may be made for the purposes of subsection (11), the rules may provide for or in relation to the following:
 (a) costs relating to litigation supporters;
 (b) giving documents to a litigation supporter or a party who has a litigation supporter.