This website applies only to residents and the law of New South Wales, Australia.

4. THE NSW SYSTEM (continued)

4.7 Arbitration

Legal representation at arbitration

Arbitration is more formal than the conciliation stage and you should think carefully about whether you will need legal representation.

If you are in a union, your union may be able to represent you or will advise you about how to argue and present your case. Some unions will also appear for non-members for a fee. If you are not a union member, free advice is available from community legal centres and the Legal Aid Commission.

Legal aid is not generally available for representation in employment matters and community legal centres can only provide representation in limited circumstances.

You may have to pay if you want a lawyer to represent you at an arbitration hearing in the AIRC or at a court hearing.

In deciding whether to get legal representation, you should consider:

• The cost (measured against the likelihood of success and how much compensation you are likely to get);
• Whether you feel confident enough to represent yourself; and
• Whether your employer is represented.

Registry staff can provide you with information about the procedure, standard form summonses for witnesses and documents you may require for the hearing. However, they cannot provide advice.

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