Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_15
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 48527–50391

15  Subsection 42(3)
Repeal the subsection, substitute:

 (3) A party (including an employing authority) may be represented by counsel, solicitor or agent if:
 (a) all parties have given express consent to that representation; and
 (b) the Commission grants leave for the party to be so represented.

 (3A) A party (including an employing authority) may be represented by counsel, solicitor or agent if:
 (a) the party applies to the Commission to be so represented; and
 (b) the Commission grants leave for the party to be so represented.

 (3B) In deciding whether or not to grant leave under subsection (3), the Commission must have regard to the following matters:
 (a) whether being represented by counsel, solicitor or agent would assist the party concerned to bring the best case possible;
 (b) the capacity of the particular counsel, solicitor or agent to represent the party concerned;
 (c) the capacity of the particular counsel, solicitor or agent to assist the Commission in performing the Commission's functions under this Act.

 (3C) In deciding whether or not to grant leave under subsection (3A), the Commission must have regard to the following matters:
 (a) the matters referred to in paragraphs (3B)(a), (b) and (c);
 (b) the complexity of the factual and legal issues relating to the proceeding;
 (c) whether there are special circumstances that make it desirable that the party concerned be represented by counsel, solicitor or agent;
 (d) if the party applies to be represented by an agent—whether the agent is a person or body, or an officer or employee of a person or body, that is able to represent the interests of the party under a State or Territory industrial relations law.

 (3D) An appeal to a Full Bench under section 45 may not be made in relation to a decision under subsection (3) or (3A) to grant leave or not to grant leave.