Victorian Current Acts Victorian Current Acts(1) In any proceeding a party—
(a) may appear personally; or
(b) may be represented by a professional advocate if—
(i) the party is a person referred to in subsection (2); or
(ii) another party to the proceeding is a professional advocate; or
(iii) another party to the proceeding who is permitted under this section to be represented by a professional advocate is so represented; or
(iv) all the parties to the proceeding agree; or
(c) may be represented by any person (including a professional advocate) permitted or specified by the Tribunal.
(2) The following persons may be represented by a professional advocate in a proceeding—
(a) a child;
(b) a municipal council;
(c) the State or a Minister or other person who represents the State;
S. 62(2)(d) amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 219.2).
(d) a public entity within the meaning of the Public Administration Act 2004 ;
S. 62(2)(e) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 219.3).
(e) the holder of a statutory office within the meaning of the Public Administration Act 2004 ;
S. 62(2)(f) amended by No. 11/2010 s. 59(1).
(f) a credit provider within the meaning of the Credit Act 1984 ;
(g) an insurer within the meaning of the Domestic Building Contracts Act 1995 .
(3) A party that is a body corporate may be represented in a proceeding by a director, secretary or other officer except, in the case of a body corporate that is not referred to in subsection (2), a director, secretary or officer who is a professional advocate.
(4) Despite subsection (3), if all officers of a body corporate are professional advocates, one of those officers may represent the body corporate in a proceeding.
(5) If a party is a child, the Tribunal may appoint a litigation guardian, in accordance with the rules, to conduct the proceeding on behalf of the child.
(6) If a party is unrepresented in a proceeding, the Tribunal may appoint a person (whether or not a professional advocate) to represent that party.
(7) If a person who is not a professional advocate seeks to represent a party in a proceeding—
(a) if the party is a body corporate, the person must give the Tribunal a certificate of authority for the representation from the body corporate; or
(b) in any other case, the Tribunal may require the person to produce a certificate of authority for the representation from the party.
(8) In this section—
S. 62(8) def. of professional advocate amended by No. 17/2014 s. 160(Sch. 2 item 105.4).
"professional advocate" means—
(a) a person who is or has been an Australian lawyer; or
(b) a person who is or has been an articled clerk or law clerk in Australia; or
(c) a person who holds a degree, diploma or other qualification in law granted or conferred in Australia; or
(d) a person who, in the opinion of the Tribunal, has had substantial experience as an advocate in proceedings of a similar nature to the proceeding before the Tribunal—
other than a person who is in a class of persons disqualified by the rules from being a professional advocate.
(9) Rules for the purposes of subsection (8) may only disqualify a class of persons from being professional advocates on the basis that persons in that class—
(a) have been the subject of disciplinary proceedings under the law of Victoria, another State, a Territory or the Commonwealth or under the rules of a professional or occupational association or other body; and
(b) have been found guilty in those proceedings of professional misconduct (by whatever name called) or of another breach of professional or occupational standards.