Legal representation in the QIRC
The Industrial Relations Act 2016 (IR Act) commenced on 1 March 2017. Similar to the now repealed Industrial Relations Act 1999, the IR Act limits the circumstances where a party may be represented by a lawyer in proceedings before the Queensland Industrial Relations Commission (the QIRC).
Section 530 of the IR Act regulates the circumstances in which a lawyer may appear in proceedings in the QIRC. However, unlike the former Industrial Relations Act 1999, the IR Act contains a new (and significant) exemption, namely s 530(5)(a) of the IR Act provides that a party or person is taken not to be represented by a lawyer, if the lawyer is an employee or officer of the party or person.
A recent Full Bench decision handed down on 11 April 2018 confirms that in circumstances where the State of Queensland is the party to the proceedings in the QIRC, the effect of s 530(5)(a) of the Act is to allow a lawyer employed by Crown Law (being an employee of the State) to act as the legal representative.
The Full Bench’s decision has significant public sector-wide implications, and means that lawyers employed by the State of Queensland (including those lawyers employed within Crown Law) avoid the limitations on representation which may otherwise apply under s 530 of the IR Act. Crown Law lawyers can therefore appear by way of right (and do not need the relevant consent or leave that would be required by lawyers from external law firms) on behalf of the State in proceedings in the QIRC.
On 30 April 2018, an appeal was filed with the Industrial Court of Queensland against the decision.