How we decide if a lawyer or paid agent can take part

Sometimes you need to ask our permission for your lawyer or paid agent to take part in a conference or hearing.

To decide if your lawyer or paid agent can take part, we follow:

We can only let your lawyer or paid agent take part in a conference or hearing if:

It would make running of the case more efficient, if the case is complex. For example, a case with a jurisdictional issue might need someone with expert knowledge of case law. OR
It would be unfair not to because you are unable to represent yourself effectively. For example, you may be from a non-English speaking background or find it hard to read or write. OR
It would be unfair not to, when we look at fairness between you and other people in the same case.

If the reasons you give do not meet these criteria, we will probably say no to your request.

When you may not need permission

Usually, your representative does not need permission to take part in:

an unfair dismissal conference that a staff conciliator runs
an anti-bullying conference that a staff conciliator runs
a conference or hearing for modern awards, minimum wages, workplace determinations or entry permits.

Note: Sometimes the Commission Member will direct that the representative needs permission.