Western Australian Consolidated Regulations Western Australian Consolidated Regulations[regulation 8]
Code of conduct
It is the duty of an
industrial agent —
(a) to
comply with the provisions of this code of conduct;
(b) not
to engage in conduct which is illegal, dishonest or which may otherwise bring
industrial agents into disrepute; and
(c) to
be competent as an industrial agent.
2. Application to bodies corporate
Where a body corporate
is registered as an industrial agent, this code applies to the body corporate
and to each officer of the body corporate.
3. Business integrity and diligence
(1) An industrial
agent must not attempt to further a client’s case by unethical or
dishonest means.
(2) An industrial
agent must not knowingly assist or seek to induce another person to breach
this code of conduct.
(3) An industrial
agent must take reasonable care to ensure that the partners or employees of
the agent do not do any act that would be a breach of this code of conduct if
done by the agent.
(4) An industrial
agent must treat clients fairly and in good faith, giving due regard to a
client’s position of dependence upon the agent, and the high degree of
trust which a client is entitled to place on the agent.
(5) An industrial
agent must always be completely frank and open with a client and with all
others so far as the interests of the client permit and must at all times give
a client a candid opinion on any matter in which the agent acts for that
client.
(6) An industrial
agent must take such action consistent with the agent’s retainer as is
necessary and reasonably available to protect and advance a client’s
interests.
(7) An industrial
agent must at all times use his or her best endeavours to complete work on
behalf of a client as soon as is reasonably possible, and if an industrial
agent accepts instructions and it is, or becomes, apparent to the agent that
the work cannot be done within a reasonable time, the agent must so inform the
client.
(8) An industrial
agent must not take unnecessary steps or do work in such a manner as to
increase proper costs to the client.
(9) If it is in the
best interests of the client of an industrial agent to do so, the agent must
endeavour to reach a solution by settlement rather than commence or continue
proceedings.
(1) An industrial
agent must strive to establish and maintain a relationship of trust and
confidence with clients.
(2) An industrial
agent must impress upon a client that the agent cannot adequately serve the
client without knowing everything that might be relevant to the client’s
interests and that the client should not withhold information that the client
might think is embarrassing or harmful to the client’s interests.
(3) An industrial
agent must not, without the client’s consent, directly or indirectly
reveal a client’s confidence, or use the confidence in any way
detrimental to the interests of that client, or lend or reveal the contents of
the confidence in any brief or instructions to any person except to the
extent —
(a)
required by law, rule of court or court order; or
(b)
necessary for replying to or defending any charge or complaint of criminal
conduct or misconduct contrary to this code brought against the agent.
(1) An industrial
agent must disclose to a client any conflict of interest that the industrial
agent has or may have in any matter concerning that client.
(2) An industrial
agent must not act or continue to act on behalf of a client if to do so would
or may give rise to a conflict of interest adverse to the client unless the
client has been fully informed of the nature and implications of the conflict
and consents to the industrial agent acting or continuing to act on behalf of
the client.
(1) Subject to this
code of conduct, an industrial agent must provide advice and conduct each case
and matter in the manner the agent considers most advantageous to the
agent’s client.
(2) An industrial
agent must not knowingly deceive or mislead the Commission or a court.
(3) An industrial
agent must at all times —
(a) act
with due courtesy to the Commission or a court;
(b) use
his or her best endeavours to avoid unnecessary expense and waste of the
Commission’s or court’s time;
(c) when
so requested, inform the Commission or court of the probable length of the
case;
(d)
inform the Commission or court of the possibility of a settlement provided the
agent can do so without revealing the existence or content of “without
prejudice” communications; and
(e)
subject to this code of conduct, inform the Commission or court of any
development that affects the information already before the Commission or
court.
(4) In cross
examination which goes to a matter in issue, an industrial agent may put
questions suggesting fraud, misconduct or the commission of a crime provided
that the agent is satisfied that the matters suggested are part of the case of
the agent’s client and he has no reason to believe that they are only
put forward for the purpose of impugning the witness’s character.
(5) Questions which
affect the credibility of a witness by attacking the witness’s
character, but which are otherwise not relevant to the actual inquiry, must
not be put in cross examination unless there are reasonable grounds to support
the imputation conveyed by such questions.
An industrial agent
must not engage in promotional conduct or advertising about the agent’s
skills, experience, fees or results in a manner which is misleading or
deceptive or likely to mislead or deceive.
(1) An industrial
agent must recognize that a client is entitled to change industrial adviser at
any time without giving a reason and must, subject to the satisfaction of any
lien the agent may have taken, take all reasonable steps to facilitate such a
change should a client so request.
(2) If a client
engages another industrial agent in a matter and that agent is of the opinion
that the conduct of the preceding agent in the matter warrants the making of a
complaint, the agent must so advise the client.
(3) An industrial
agent may withdraw from representing a client —
(a) at
any time and for any reason if withdrawal will cause no significant harm to
the client’s interests and the client is fully informed of the
consequences of withdrawal and voluntarily assents to it;
(b) if
the industrial agent reasonably believes that continued engagement in the case
or matter would be likely to have a seriously adverse effect upon the
agent’s health;
(c) if
the client commits a significant violation of a written agreement regarding
fees or expenses;
(d) if
the client made material misrepresentations about the facts of the case or
matter to the agent;
(e) if
the agent has an interest in any case or matter which the agent is concerned
may be adverse to that of the client;
(f) if
such action is necessary to avoid the agent breaching this code of conduct; or
(g) if
any other good cause exists.
(4) If an industrial
agent withdraws from representing a client the agent must take reasonable care
to avoid foreseeable harm to the client, including —
(a)
giving due notice to the client;
(b)
allowing reasonable time for the substitution of a new agent;
(c)
co‑operating with the new agent; and
(d)
subject to the satisfaction of any lien the agent may have, promptly turning
over all papers and property and paying to the client any monies to which the
client is entitled.
(1) An industrial
agent must as soon as possible inform a client in writing of the basis of
calculation of the costs of the agent.
(2) During the course
of a retainer, an industrial agent must promptly advise the client of any
circumstances likely to have a substantial effect on the amount, or basis of
calculation, of such costs or any disbursements.
An industrial agent
must not hold for or on behalf of a client or other party any moneys in trust
without the written authorisation of that person.