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Differences between appearance and representation

The following table is a summary of the laws about who can represent and who can appear for a certain kind of party in the tribunal.

Party Relevant
provision
Permission needed for representation by Australian legal practitioner or government legal officer?
Permission needed for representation by someone else?
Permission needed for appearance by
Australian legal practitioner or a government legal officer?
Permission needed for appearance by someone else?
Child

Section 43(2)

QCAT Act

No

But representative cannot be
disqualified from being a
representative to a party

No

But tribunal must be satisfied person is appropriate to represent the party


Tribunal may request a certificate of authority

Not applicable
to individuals
Not applicable
to individuals
Person with
impaired
capacity
Section 43(2)
QCAT Act

No

But representative cannot be disqualified from being a representative
to a party

No

But tribunal must be satisfied person is appropriate to represent the party

Tribunal may request a certificate of authority

Not applicable
to individuals
Not applicable
to individuals
Party to a
disciplinary
proceeding,
including a
review of a
disciplinary
decision
Section 43(2)
QCAT Act

No

But representative cannot be disqualified from being a representative to a party

No

But tribunal must be satisfied person is appropriate to represent the party

Tribunal may request a certificate of authority

Not applicable
for individuals

If party is an entity other than an individual, see below

Not applicable
for individuals

If party is an entity other than an individual, see below

Party to a proceeding
where an enabling Act or the Rules states that a party may be represented
Section 43(2)
QCAT Act

No

But representative cannot be disqualified from being a representative to a party

No

But tribunal must be satisfied person is appropriate to represent the party

Tribunal may request a certificate of authority

Not applicable
for individuals

If party is an entity other than an individual, see below

Not applicable
for individuals

If party is an entity other than an individual, see below

State agency  Rule 53 QCAT
Rules
Yes

Yes

Tribunal must be satisfied person is appropriate to represent the party

Tribunal may request a
certificate of authority from party

Yes

State agency must get permission if
seeking to appear through an employee, officer or member who is
authorised by the agency to act and who is also an Australian legal
practitioner or a government legal officer

No

State agency may appear through an
employee, officer or
member of the agency who is authorised by
the agency to act

Corporation  Rule 54 QCAT
Rules
Yes

Yes

Tribunal must be satisfied person is
appropriate to represent the party

Corporation must give the tribunal a certificate of authority

It depends

Corporation must get permission if
seeking to appear through an officer who is authorised by the corporation
to act and who is also an Australian legal practitioner, unless all of the
officers of the corporation are Australian legal practitioners, in
which case permission is not required

No

Corporation may appear through an officer of the corporation who
is authorised by the corporation to act

Corporation must give the tribunal a certificate of authority

Entity other than
a State agency
or corporation,
such as an
association,
partnership or
trust
Rule 55 QCAT
Rules
Yes

Yes

Tribunal must be satisfied person is appropriate to represent the party

Tribunal may request a
certificate of authority from party

It depends

Entity must get permission if
seeking to appear through an officer who is also an Australian legal
practitioner, unless all of the officers of the entity are Australian legal practitioners, in which case permission is not required

No

Entity may appear through an officer of the
entity who is authorised by the entity to act

Entity must give the tribunal a certificate of
authority if requested by the tribunal

Joint applicants  Rule 56 QCAT
Rules
Yes

Yes

Tribunal must be satisfied
person is appropriate to
represent the party

Tribunal may request a
certificate of authority from
party

It depends

Joint applicants need permission if seeking to appear through an applicant who is also an Australian legal practitioner, unless all of the joint applicants are Australian
legal practitioners, in which case permission is not required

No

Joint applicants do not need permission to appear through one of the applicants

Joint applicants must give the tribunal a certificate of authority signed by all of the joint
applicants if requested by the tribunal

Last reviewed
11 December 2014
Last updated
11 December 2014

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