Document ID: chunk:federal_register_of_legislation:C2004A04689:section:1992:p10
Version: federal_register_of_legislation:C2004A04689
Segment Type: section
Provision Reference: s 1992 (pt 10/18)
Character Range: 24193–26981

an agency

"62.(1) If an agency fails to comply with section 58, an application may be made to the Federal Court for an order directing the agency to comply.

"(2) If the principal executive of an agency fails to comply with section 59, an application may be made to the Federal Court for an order directing the principal executive to comply.

"(3) The application may be made by the Commissioner or by the complainant. In the case of a representative complaint, 'complainant' means a class member.

"(4) On an application under this section, the Federal Court may make such other orders as it thinks fit with a view to securing compliance by the respondent.

"(5) An application may not be made under this section in relation to a determination under section 52 until:

     (a) the time has expired for making an application under section 61 for review of the determination; or

     (b) if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.".

15. Before section 64 of the Principal Act the following section is inserted in Division 5 of Part V:

Legal assistance

  "63. (1) If:

  (a) the Commissioner has dismissed a file number complaint; and

  (b) the respondent to the complaint is not an agency or the principal executive of an agency;

the respondent may apply to the Attorney-General for assistance under this section.

  "(2) A person who:

    (a) has applied or proposes to apply to the Federal Court for leave to apply under section 55 for review of a determination; or

    (b) has applied or proposes to apply to the Federal Court under section 55 for review of a determination; or

  (c) is the respondent to such an application for review;

may apply to the Attorney-General for assistance under this section.

"(3) If the Attorney-General is satisfied that in all the circumstances it is reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of:

    (a) in the case of an application under subsection (1)—such financial assistance in connection with the investigation of the complaint as the Attorney-General determines; or

    (b) in the case of an application under subsection (2)—such legal or financial assistance in respect of the proceeding as the Attorney-General determines.

"(4) An authorisation under subsection (3) may be made subject to such conditions (if any) as the Attorney-General determines.

"(5) In considering an application made under this section, the Attorney-General must have regard to any hardship to the applicant that refusal of the application would involve.".

Application of amendments

16.(1) An amendment relating to the enforcement of determinations as if they were orders