Document ID: chunk:federal_register_of_legislation:C2025C00116:section:91:p2
Version: federal_register_of_legislation:C2025C00116
Segment Type: section
Provision Reference: s 91 (pt 2/2)
Character Range: 170220–171413

relevant document and that information was not reasonably available to that employer; and
 (e) after the claim was determined, the claimant gave the document, or a copy of the document, or the information contained in the relevant document, to the employer or to the ART; and
 (f) the employer reconsidered the original determination under subsection 78(1), and made a determination more favourable to the claimant than the original determination; and
 (g) the employer 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 employer would be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant;
the employer may make a declaration, in writing, that subsection (2) does not apply in relation to those costs.
 (5) An employer must give a copy of a declaration made by it under subsection (3) or (4) to the claimant.
 (6) Application may be made to the ART for a review of a decision by an employer to make a declaration under subsection (3) or (4).