Document ID: chunk:federal_register_of_legislation:C2004C01258:clause:1_170cia
Version: federal_register_of_legislation:C2004C01258
Segment Type: clause
Provision Reference: sch 1 cl 170CIA
Character Range: 9529–11631

170CIA  Representatives to disclose contingency fee agreements

Representatives other than legal practitioners

 (1) In a proceeding before the Commission, the Commission must ask a representative appearing on behalf of a party to the proceeding if the representative has been retained by the party under a costs arrangement as to the representative's costs.

Legal practitioners

 (2) In a proceeding before the Commission, the Commission must ask a legal practitioner appearing on behalf of a party to the proceeding if the practitioner has been retained by the party under a contingency fee agreement as to the practitioner's costs.

Obligation of representative or practitioner

 (3) If the representative or legal practitioner has been retained under a costs arrangement or contingency fee agreement (as the case may be), the representative or practitioner must inform the Commission of that fact.

No effect on law relating to legal professional privilege

 (4) This section does not affect the law relating to legal professional privilege.

Definitions in this section

 (5) In this section:

costs arrangement means an arrangement between people under which:
 (a) a person agrees to provide representation for another person before the Commission; and
 (b) the payment of all, or a substantial proportion, of the representative's costs is contingent on the outcome of the proceeding before the Commission in which the representative represents the person.

proceeding before the Commission means one of the following proceedings in respect of an application under section 170CE by an employee whose employment has been terminated on the ground, or on grounds that include the ground, that the termination was harsh, unjust or unreasonable:
 (a) a proceeding for dismissal of the application on the ground that the application is outside jurisdiction;
 (b) conciliation proceedings under section 170CF;
 (c) arbitration proceedings under section 170CG.

representative means a person, other than a legal practitioner, appearing on behalf of a party to a proceeding before the Commission.