Western Australian Consolidated Acts

INDUSTRIAL RELATIONS ACT 1979 - SECT 112A

112A .         Registration of industrial agents

        (1)         In this section a reference to carrying on business as an industrial agent is a reference to carrying on business as a person who does either or both of the following —

            (a)         appears as an agent under section 31, 81E or 91;

            (b)         provides advice or other services in relation to industrial matters.

        (1a)         Despite subsection (1), a reference to carrying on business as an industrial agent does not include —

            (a)         carrying on business by an organisation, UnionsWA, the Chamber or the Mines and Metals Association;

            (b)         carrying on business as a person who acts as a bargaining agent within the meaning of section 42B(4); or

            (c)         carrying on business as a person who —

                  (i)         appears in proceedings as provided by section 97WJ; or

                  (ii)         provides advice or other services in relation to industrial matters, in the capacity of a bargaining agent under section 97UJ.

        (2)         Except as provided under this section a person who, not being an industrial agent registered under this section or a legal practitioner, in any way carries on business as an industrial agent, or holds himself out as carrying on business as an industrial agent, commits an offence.

        Penalty: $2 000.

        (3)         For the purposes of section 12 of the Legal Profession Act 2008 a person who is —

            (a)         registered under this section;

            (b)         acting under a contract of employment for a person who is registered under this section; or

            (c)         an employee or officer of any organisation, UnionsWA, the Chamber, the Mines and Metals Association, or a prescribed body or class of body, acting on behalf of that body,

                is authorised to —

            (d)         appear for a party, person or body under section 31, 81E or  91; and

            (e)         provide advice and other services in relation to industrial matters.

        (4)         A person shall not be registered under this section unless that person can demonstrate that that person has professional indemnity insurance, or has sufficient material resources, of a prescribed kind to provide professional indemnity.

        (5)         Regulations made by the Governor are to —

            (a)         provide for a scheme of registration of persons for the purposes of this section and the procedure for obtaining registration;

            (b)         prescribe a code of conduct for persons registered under this section;

            (c)         prescribe the circumstances in which, and the procedures by which, a person may be disqualified from obtaining registration, or registration may be cancelled;

            (d)         provide for appeals to the Full Bench from disqualification or cancellation of registration; and

            (e)         prescribe any matter or thing which is authorised or required to be prescribed for the purposes of this section.

        [Section 112A inserted by No. 79 of 1995 s. 16; amended by No. 20 of 2002 s. 136; No. 65 of 2003 s. 41(3); No. 21 of 2008 s. 668(5); No. 53 of 2011 s. 48.]