62. Representation of parties (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; (d) a public entity within the meaning of the Public Administration Act 2004; (e) the holder of a statutory office within the meaning of the Public Administration Act 2004; (f) a credit provider within the meaning of the Consumer Credit (Victoria) Code or 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- professional advocate means- (a) a person who is or has been a legal practitioner; 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. http://www.austlii.edu.au/au/legis/vic/consol_act/vcaata1998428/s62.html
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