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.
Relevant provision
Section 43(2) QCAT Act.
Permission needed for representation by Australian legal practitioner or government legal officer?
No. But representative cannot be disqualified from being a representative to a party.
Permission needed for representation by someone else?
No. But tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
Not applicable to individuals.
Permission needed for appearance by someone else?
Not applicable to individuals.
Relevant provision
Section 43(2) QCAT Act.
Permission needed for representation by Australian legal practitioner or government legal officer?
No. But representative cannot be disqualified from being a representative to a party.
Permission needed for representation by someone else?
No. But tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
Not applicable to individuals.
Permission needed for appearance by someone else?
Not applicable to individuals.
Relevant provision
Section 43(2) QCAT Act
Permission needed for representation by Australian legal practitioner or government legal officer?
No. But representative cannot be disqualified from being a representative to a party
Permission needed for representation by someone else?
No. But tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
Not applicable to individuals. If party is an entity other than an individual, see below.
Permission needed for appearance by someone else?
Not applicable to individuals. If party is an entity other than an individual, see below.
Relevant provision
Section 43(2) QCAT Act
Permission needed for representation by Australian legal practitioner or government legal officer?
No. But representative cannot be disqualified from being a representative to a party
Permission needed for representation by someone else?
No. But tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
Not applicable to individuals. If party is an entity other than an individual, see below.
Permission needed for appearance by someone else?
Not applicable to individuals. If party is an entity other than an individual, see below.
Relevant provision
Rule 53 QCAT Rules
Permission needed for representation by Australian legal practitioner or government legal officer?
Yes
Permission needed for representation by someone else?
Yes. Tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority from party
Permission needed for appearance by Australian legal practitioner or a government legal officer?
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
Permission needed for appearance by someone else?
No. State agency may appear through an employee, officer or member of the agency who is authorised by the agency to act
Relevant provision
Rule 54 QCAT Rules
Permission needed for representation by Australian legal practitioner or government legal officer?
Yes
Permission needed for representation by someone else?
Yes. Tribunal must be satisfied person is appropriate to represent the party. Corporation must give the tribunal a certificate of authority
Permission needed for appearance by Australian legal practitioner or a government legal officer?
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
Permission needed for appearance by someone else?
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.
Relevant provision
Rule 55 QCAT Rules
Permission needed for representation by Australian legal practitioner or government legal officer?
Yes
Permission needed for representation by someone else?
Yes. Tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority from party.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
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.
Permission needed for appearance by someone else?
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.
Relevant provision
Rule 55 QCAT Rules
Permission needed for representation by Australian legal practitioner or government legal officer?
Yes
Permission needed for representation by someone else?
Yes. Tribunal must be satisfied person is appropriate to represent the party. Tribunal may request a certificate of authority from party.
Permission needed for appearance by Australian legal practitioner or a government legal officer?
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.
Permission needed for appearance by someone else?
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.
