Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SECT 319

(1) In proceedings, a party to the proceedings, or a person ordered or permitted to appear or to be represented in the proceedings, may be represented by—

(a) an agent appointed in writing; or

(b) if the party or person is an organisation—an officer or member of the organisation.

(2) The party or person may be represented by a lawyer if, and only if—

(a) for proceedings in the court—

(i) the proceedings are for the prosecution of an offence; or

(ii) all parties consent; or

(iii) the court gives leave; or

(b) for proceedings before the commission, other than proceedings under section 278 or 408F—

(i) the proceedings relate to a matter under chapter 4, other than section 110; or

(ii) all parties consent; or

(iii) the proceedings relate to a matter under chapter 3, or under section 110, 275, 276 or 279, or under chapter 12, part 2 or part 16 and, on application by a party or person—

(A) the commission is satisfied, having regard to the matter the proceedings relate to, that there are special circumstances that make it desirable for the party or person to be legally represented; or

(B) the commission is satisfied the party or person can be adequately represented only by a lawyer; or

(c) for proceedings before an Industrial Magistrates Court, other than proceedings remitted under section 278(6) or 408F(5)—

(i) all parties consent; or

(ii) the proceedings are brought personally by an employee and relate to a matter that could have been brought before a court of competent jurisdiction other than an Industrial Magistrates Court; or

(iii) the proceedings are for the prosecution of an offence; or

(d) for proceedings before the registrar, including interlocutory proceedings—

(i) all parties consent; or

(ii) the registrar gives leave.

(3) However, in proceedings mentioned in subsection (2)(c)(iii), the person represented can not be awarded costs of the representation.

(4) For subsection (2)(b)(iii), the commission may consider, for example, the following—

(a) the amount claimed in the proceedings, if any;

(b) the nature and complexity of the matter;

(c) the nature of the evidence to be adduced;

(d) the cross-examination likely to be required;

(e) the capacity of the party or person to represent himself or herself;

(f) the questions of law likely to arise;

(g) whether the duration or cost of the proceedings will be decreased or increased if the party or person is represented.

(5) In this section—

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