7.9.5 Legal and other representation at arbitration

A party to a dispute is not entitled to be represented by a legal practitioner Legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004 at an arbitration hearing, except where agreed by WIC Workplace Injury Commission (s301G).

Workers are able to be self-represented at arbitration. Arbitration Officers will assist self-represented parties in their understanding of the issues in dispute, and the process of arbitration.

Requesting legal representation

Where required, parties should make requests for approval of representation at an arbitration hearing as soon as practicable after receiving the Request for Arbitration or requesting arbitration, to avoid unnecessary delays or adjournments.

This can be done either:

• by using the Referral for Arbitration Form or Reply to Referral for Arbitration Form;

• in writing at a later time, however still as soon as practicable; or

• orally at a hearing.

Parties to arbitration may still have submissions prepared by a legal practitioner and obtain legal advice outside of the arbitration hearing, even if a legal practitioner has not been permitted to appear at a hearing.

When participating in arbitration, legal and other representatives must use plain English and avoid legal or industry jargon.

Note: WIC must separately consider the submission of each party seeking to be represented by a legal practitioner. Where WIC agrees to one party being represented by a legal practitioner, it need not agree to another party also being represented.

Non-legal representatives at arbitration hearings

Parties may have a representative at arbitration who is not a legal practitioner, without seeking WIC’s agreement. This includes:

• a union representative, Union Assist or WorkCover Assist

• an employer association representative, self-insurer association representative

• a legal guardian

• another person nominated to advocate on their behalf who is not a legal practitioner

WIC should be informed if a representative will attend a hearing. WIC may limit the number of representatives at an arbitration hearing to ensure a fair hearing in an orderly, informal, inexpensive and timely manner.

Other attendees at arbitration

• Parties may have a support person at an arbitration hearing, however, the support person is not allowed to participate in the hearing. WIC may limit the number of support persons to ensure a fair hearing, and should be informed if a support person will be attending the hearing.

• Employers may attend arbitration. Agents should advise WIC if the employer will be attending a hearing, and their name. Employers may not participate in the hearing unless they have been permitted to give oral evidence.

• When an employer has a support person at a hearing and the employer intends to give oral evidence, the support person cannot be in the hearing room before the employer gives the evidence.

• Professional interpreter services are provided free of charge by WIC, where required.

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