See Fair Work Act ss.12 and 596, Fair Work Commission Rules 2013 rr.11–12A
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Definitions
A lawyer is a person who is admitted to the legal profession by a Supreme Court of a state or territory.[143]
A paid agent is an agent (other than a bargaining representative) who charges or receives a fee to represent a person in the matter before the Commission.[144]
Seeking permission
A person must seek the Commission’s permission to be represented by a lawyer or paid agent participating in a conference or hearing in relation to an application to stop bullying or sexual harassment (or both) (subject to the exception below). Permission is not usually required for a lawyer or paid agent to make an application or submissions on a person’s behalf.[145]
Only a Commission Member can give or refuse permission for a lawyer or paid agent to represent a party, unless a Commission employee (such as a staff conciliator) has been delegated this power or function.[146]
References
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[143] Fair Work Act s.12.
[144] Fair Work Act s.12.
[145] Fair Work Act s.596(1) and Fair Work Commission Rules 2013 rr.12(1)(b) and 12(3). See also s.596(4) as to when a person is taken not to be represented by a lawyer or paid agent.
[146] Department of Education and Early Childhood Development v A Whole New Approach Pty Ltd [2011] FWA 8040 (Gooley C, 29 November 2011) at para. 67.