Representatives
You can choose to be represented by a lawyer or other representative at most hearings. There are some exceptions, as discussed below.
Parties may choose to be represented by a person:
- with special knowledge or expertise relevant to the matter (not including expertise obtained by being involved in another proceeding),
- who SAT agrees can represent a party, or
- that might be added pursuant to the SAT Rules or Regulations.
Exceptions to choosing representation
The SAT rules apply unless an enabling Act provides otherwise, or an applicant involved in a minor proceeding makes a 'no representation' election.
There are also situations where SAT can order a party to have representation, such as when it is necessary in mental health appeals, or when SAT appoints a litigation guardian to conduct proceedings on a person's behalf if it believes the person is not of full legal capacity.
Who should represent a corporation or other body?
The State Administrative Tribunal Act says:
- a body corporate can be represented by its director, secretary or other officer;
- a public sector body can be represented by an authorised public sector employee; and
- a public sector employee whose performance or purported performance of their duties is the subject of the application, may be represented by another public sector employee.
Last updated: 6-Oct-2020
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