Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:74:p3
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 74 (pt 3/3)
Character Range: 151558–153861

or (9) in favour of a claimant in relation to the costs of those proceedings if:
 (a) Comcare, before making the reviewable decision, gave the claimant a notice under section 64 requesting the claimant to give Comcare information specified in the notice (the relevant information); and
 (b) the Tribunal is satisfied that:
 (i) the claimant failed to comply with that notice; and
 (ii) at the time when Comcare made the reviewable decision, it did not have the relevant information and the relevant information was not reasonably available to it; and
 (iii) if Comcare had had the relevant information at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.
 (12) If, in any proceedings, the Administrative Appeals Tribunal varies or sets aside a reviewable decision, the Tribunal must not make an order under subsection (8) or (9) in favour of a claimant in relation to the costs of those proceedings if:
 (a) Comcare, before making the reviewable decision, gave the claimant a notice under section 64 requesting the claimant to give Comcare a copy of the document specified in the notice (the relevant document); and
 (b) the Tribunal is satisfied that:
 (i) the claimant failed to comply with that notice; and
 (ii) at the time when Comcare made the reviewable decision, it did not have the information contained in the relevant document and that information was not reasonably available to it; and
 (iii) if Comcare had had the information contained in the relevant document at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.
 (13) If the Administrative Appeals Tribunal orders the Commonwealth to pay costs incurred by a claimant, the Tribunal may, in the absence of agreement between the claimant and Comcare as to the amount of the costs, tax or settle the amount of the costs or order that the costs be taxed by an officer of the Tribunal (within the meaning of the Administrative Appeals Tribunal Act 1975).
 (14) For the purposes of section 69A of the Administrative Appeals Tribunal Act 1975, the Commonwealth is taken to be a party to the proceeding before the Administrative Appeals Tribunal.

Part 7—Administration