Document ID: chunk:federal_register_of_legislation:C2025C00175:section:67:p4
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 67 (pt 4/4)
Character Range: 227973–229186

Tribunal varies or sets aside a reviewable decision, the Tribunal shall not make an order under subsection (8) or (9) in favour of a claimant in relation to the costs of those proceedings if:
 (a) the determining authority, before making the reviewable decision, gave the claimant a notice under section 58 requesting the claimant to give the authority a copy of the document specified in the notice (in this subsection called the relevant document); and
 (b) the Tribunal is satisfied that:
 (i) the claimant failed to comply with that notice;
 (ii) at the time when the authority made the reviewable decision, it did not have the information contained in the relevant document, nor was that information reasonably available to it; and
 (iii) if the authority 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.
 (14) For the purposes of section 115 of the Administrative Review Tribunal Act 2024, the responsible authority is taken to be a party to the proceeding before the Administrative Review Tribunal.

Part VII—Administration and finance

Division 1—Comcare