This practice direction provides guidance on two issues:
- The information and declaration a Representative Complainant must give to the Tribunal when they file a complaint; and
- How a person can ask that the Tribunal remove a Representative Complainant.
Information and Declaration Required
A person who makes a complaint on behalf of another person [Representative Complainant] must, at the same time, file a letter with the Tribunal addressing the following:
- What is the nature of your relationship to the represented person?
- Do you have decision-making authority (e.g. as a legal guardian, or under a representation agreement). Attach any documentation.
- If you do not have decision-making authority, why are you bringing the complaint?
- If someone else has decision-making authority, you must give that person a copy of the complaint and tell them in writing that they may object to you bringing the complaint by writing a letter to the Tribunal. When and how did you do this?
- If the represented person is a child or youth, what is their age?
- If the represented person is an adult:
- Have they consented to you bringing the complaint?
- If they have not consented, why are they not capable of bringing the complaint independently or with adequate support and assistance? Attach any documentation.
- Are you an adult?
- You must declare that you:
- understand the nature of the proceeding;
- have no interest that conflicts with those of the represented person;
- will remain free of conflict of interest, and that where a conflict of interest arises, you will resign from your position as Representative Complainant; and
- understand and will comply with the obligations set out in the Tribunal’s Policy on Complaints on behalf of Another Person.
Application to Remove Representative Complainant
A person with decision-making authority regarding the represented person may ask the Tribunal to remove a Representative Complainant by writing a letter to the Tribunal.
A participant may apply to remove a Representative Complainant. An application must state the reasons for the request and how removal is necessary to protect the interests of the represented person.