Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:74:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 74 (pt 2/3)
Character Range: 149011–151800

the information contained in the relevant document, to Comcare or to the Administrative Appeals Tribunal; and
 (f) Comcare reconsidered the original determination under subsection 69(1), and made a determination more favourable to the claimant than the original determination; and
 (g) Comcare is satisfied that, if it had had the information contained in the relevant document 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 Commonwealth would, but for subsection (5), be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
Comcare may make a declaration, in writing, that subsection (2) does not apply in relation to those costs.
 (5) If Comcare makes a declaration under subsection (3) or (4) that subsection (2) does not apply in relation to costs incurred by a claimant, subsection (2) does not apply in relation to those costs.
 (6) Comcare must give a copy of a declaration made by it under subsection (3) or (4) to the claimant.
 (7) Applications may be made to the Administrative Appeals Tribunal for review of decisions of Comcare under subsection (3) or (4) to make a declaration.
 (8) If, in any proceedings instituted by a claimant, the Administrative Appeals Tribunal makes a decision:
 (a) varying a reviewable decision in a manner favourable to the claimant; or
 (b) setting aside a reviewable decision and making a decision in substitution for the reviewable decision that is more favourable to the claimant than the reviewable decision;
the Tribunal may, subject to this section, order that the costs of those proceedings incurred by the claimant, or a part of those costs, are to be paid by the Commonwealth.
 (9) If the Administrative Appeals Tribunal makes a decision setting aside a reviewable decision and remitting the case for redetermination by Comcare, the Tribunal must, subject to this section, order that the costs of the proceedings before it incurred by the claimant are to be paid by the Commonwealth.
 (10) Nothing in subsection (8) or (9) authorises the Administrative Appeals Tribunal to order the Commonwealth to pay any costs incurred by a claimant in relation to an application for an extension of time for applying to the Tribunal for a review of a reviewable decision.
 (11) 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 information specified in