A person may, without the permission of the Commission, be represented in a matter by a lawyer or paid agent participating in a conference conducted by a member of the staff of the Commission, whether or not under delegation, in relation to an application for an order to stop bullying or sexual harassment (or both).[167]
The exception does not permit a person to be represented by a lawyer or paid agent participating in a conference before a Commission Member in relation to an application under s.789FC of the Fair Work Act for an order to stop bullying or sexual harassment (or both). A person cannot be represented by a lawyer or paid agent in a conference before a Commission Member in relation to a s.789FC application without the permission of the Commission.[168]
Despite this exception (in relation to staff conciliation conferences), the Commission may direct that a person is not to be represented in a matter by a lawyer or paid agent except with the permission of the Commission.[169]