Document ID: chunk:federal_register_of_legislation:C2025C00175:section:67:p1
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 67 (pt 1/4)
Character Range: 220084–223076

67  Costs of proceedings before Administrative Review Tribunal
 (1A) In this section, responsible authority, in relation to a determination, means:
 (a) if the determination affected the Commonwealth or a Commonwealth authority other than a licensed authority—Comcare; and
 (b) if the determination affected a Commonwealth authority, or a corporation, that holds a licence under Part VIII authorising acceptance of liability for claims in respect of which the determination is made—that authority or corporation; and
 (c) if the determination affected a Commonwealth authority that holds a licence under Part VIII but the licence does not authorise acceptance of liability for claims in respect of which the determination is made—Comcare.
 (1) Subject to this section, the costs incurred by a party to proceedings instituted under this Part in respect of that reviewable decision shall be borne by that party.
 (2) Subject to this section, where a proceeding instituted under this Part in respect of a reviewable decision relating to a determination is rendered abortive because a decision has been made, following a reconsideration under subsection 62(1), varying or revoking that determination, the responsible authority is liable to reimburse the claimant for costs reasonably incurred by the claimant in connection with that proceeding.
 (3) Where:
 (a) a determining authority has determined a claim (in this subsection called the original determination);
 (b) the authority, before making that determination, gave the claimant a notice under section 58 requesting the claimant to give it the information specified in the notice (in this subsection called the relevant information);
 (c) the claimant failed to comply with the notice;
 (d) at the time when the authority determined the claim, it did not have the relevant information nor was the relevant information reasonably available to it;
 (e) after the claim was determined, the claimant disclosed the relevant information to the authority or to the Administrative Review Tribunal;
 (f) the authority reconsidered the original determination under subsection 62(1) and made a determination more favourable to the claimant than the original determination;
 (g) the authority is satisfied that, if it had had the relevant information at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and
 (h) the responsible authority would, but for subsection (5), be liable under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
the determining authority may make a declaration, in writing, that subsection (2) does not apply to those costs.
 (4) Where:
 (a) a determining authority has determined a claim (in this section called the original determination);
 (b) the authority, before making that determination, gave the claimant a notice under section 58 requesting the claimant to give it a document,