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 | No But tribunal must be satisfied person is appropriate to represent the party
|
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 | 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 If party is an entity other than an individual, see below | Not applicable 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 If party is an entity other than an individual, see below | Not applicable 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 | Yes State agency must get permission if | No State agency may appear through an |
| Corporation |
Rule 54 QCAT Rules | Yes | Yes Tribunal must be satisfied person is Corporation must give the tribunal a certificate of authority | It depends Corporation must get permission if | No Corporation may appear through an officer of the corporation who 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 | It depends Entity must get permission if | No Entity may appear through an officer of the Entity must give the tribunal a certificate of |
| Joint applicants |
Rule 56 QCAT Rules | Yes | Yes Tribunal must be satisfied Tribunal may request a | 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 | 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 |