Administrative Review Tribunal Act 2024

PART 4 - PROCEEDINGS  

Division 5 - Tribunal procedure  

Subdivision B - Parties and representation  

SECTION 67   TRIBUNAL MAY APPOINT LITIGATION SUPPORTER  
Appointment of litigation supporter

67(1)    
The Tribunal may, by order, appoint a person to be a litigation supporter for a party to a proceeding in the Tribunal if the Tribunal considers that:

(a)    the party does not have decision-making ability; and

(b)    the appointment is necessary, taking into account the availability and suitability of other measures that would allow the party to participate in the proceeding.

67(1A)    
In considering whether to make an order under subsection (1) , it is to be presumed that a party to a proceeding has decision-making ability.

67(1B)    
The presumption is not rebutted solely on the basis that a party has a disability.

67(2)    
In appointing a person to be a litigation supporter for a party to a proceeding, the Tribunal must take into account:

(a)    the party ' s will and preferences, or likely will and preferences, in relation to:

(i) whether the Tribunal should appoint a person to be a litigation supporter; and

(ii) who the Tribunal should appoint to be a litigation supporter; or

(b)    if the party ' s will and preferences, or likely will and preferences, cannot be ascertained - the personal and social wellbeing of the party.

67(3)    
The Tribunal may appoint a person to be a litigation supporter for a party to a proceeding only if:

(a)    the person is at least 18 years old; and

(b)    the person has no conflict of interest in representing the party; and

(c)    the person consents to the appointment; and

(d)    the Tribunal considers that the person is able to meet the requirements in subsections (6) to (8) ; and

(e)    any conditions prescribed by the rules for the purposes of this paragraph are satisfied.

67(4)    
The Tribunal may appoint a person to be a litigation supporter for a party whether or not the party has a guardian or representative appointed under another law.

Role of litigation supporter

67(5)    
If a party to a proceeding in the Tribunal has a litigation supporter:

(a)    the party may participate in the proceeding:

(i) wherever possible - with the support of the litigation supporter; or

(ii) otherwise - by the litigation supporter; and

(b)    the litigation supporter must do anything required to be done by the party in relation to the proceeding by an Act or an instrument under an Act; and

(c)    the litigation supporter may do anything permitted to be done by the party in relation to the proceeding by an Act or an instrument under an Act.

Duty of litigation supporter

67(6)    
If a party to a proceeding in the Tribunal has a litigation supporter, the litigation supporter must give effect to the party ' s will and preferences, or likely will and preferences, in relation to the proceeding.

67(7)    
However, if to do so would pose a serious risk to the party ' s personal and social wellbeing, the litigation supporter must instead act in a manner that promotes the personal and social wellbeing of the party.

67(8)    
If the party ' s will and preferences, or likely will and preferences, cannot be ascertained, the litigation supporter must act in a manner that promotes the personal and social wellbeing of the party.

Resignation and removal of litigation supporter

67(9)    
A litigation supporter may resign by giving the Tribunal a written resignation.

67(10)    
The Tribunal may, by order, remove a party ' s litigation supporter if:

(a)    the party requests a different person be appointed to be a litigation supporter for the party; or

(b)    the Tribunal considers that the party has decision-making ability; or

(c)    the Tribunal considers that:

(i) the litigation supporter has a conflict of interest in representing the party; or

(ii) the litigation supporter has not complied with subsections (6) to (8) ; or

(iii) representation of the party by the litigation supporter presents a safety risk to any person; or

(iv) representation of the party by the litigation supporter presents an unacceptable privacy risk to any person; or

(v) the litigation supporter is otherwise impeding the Tribunal.

Rules

67(11)    
The rules may provide for matters relating to litigation supporters.

67(12)    
Without limiting the scope of rules that may be made for the purposes of subsection (11) , the rules may provide for or in relation to the following:

(a)    costs relating to litigation supporters;

(b)    giving documents to a litigation supporter or a party who has a litigation supporter.