Western Australian Numbered Acts Western Australian Numbered Acts (1) A party to a case
is personally entitled to appear before the court in order to present and
conduct the party’s case and to call, examine, cross-examine and
re-examine witnesses.
(2) The entitlements
in subsection (1) are subject to the powers of the court in the
Evidence Act 1906 to control the questioning of witnesses.
(3) Unless this Act or
another written law expressly provides otherwise, any entitlement of a party
under this Act may be performed —
(a) on a
prosecutor’s behalf in a court of summary jurisdiction —
(i)
if the prosecutor is the State or a police officer acting
in the course of duty, by a police officer acting in the course of duty; or
(ii)
if the prosecutor is acting for or on behalf of a public
authority, by an officer or employee of the public authority acting in the
course of duty,
despite the
Legal Practice Act 2003 ;
(b) on
any party’s behalf in any court —
(i)
by a lawyer;
(ii)
with the court’s leave by an articled clerk; or
(iii)
with the court’s leave by a person who is neither a
lawyer nor an articled clerk.
(4) The court may only
give leave under subsection (3)(b)(iii) in exceptional circumstances.
(5) A person who,
having been given leave under subsection (3)(b)(iii), performs any act
referred to in subsection (1) or (3) on behalf of a party is not entitled
to claim, receive or recover, directly or indirectly, money or other
remuneration for doing so.