Document ID: chunk:federal_register_of_legislation:C2025C00175:section:67:p3
Version: federal_register_of_legislation:C2025C00175
Segment Type: section
Provision Reference: s 67 (pt 3/4)
Character Range: 225378–228210

the responsible authority.
 (8A) Subject to this section, the Administrative Review Tribunal may order that the costs incurred by the claimant of any proceedings instituted by the Commonwealth be paid by:
 (a) if the Tribunal varies the relevant reviewable decision in a manner less favourable to the claimant, or sets aside the relevant reviewable decision and substitutes a decision that is less favourable to the claimant—Comcare; or
 (b) in any other case—the Commonwealth.
 (8B) Subject to this section, if in any proceedings instituted by a licensed authority or a licensed corporation, the Tribunal affirms the reviewable decision or varies that decision in a manner more favourable to the claimant, or sets aside the relevant reviewable decision and substitutes a decision that is more favourable to the claimant, the Administrative Review Tribunal may order that the costs of the proceedings incurred by the claimant be paid by the responsible authority.
 (9) Where the Administrative Review Tribunal gives a decision setting aside a reviewable decision and remitting the case for re‑determination by the determining authority, the Tribunal shall, subject to this section, order that the costs of the proceedings before it incurred by the claimant shall be paid by the responsible authority.
 (10) Nothing in subsection (8), (8A) or (9) authorises the Administrative Review Tribunal to order a person 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) Where, in any proceedings, the Administrative Review 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 authority, before making the reviewable decision, gave the claimant a notice under section 58 requesting the claimant to give Comcare or authority information specified in the notice (in this subsection called the relevant information); 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 relevant information, nor was the relevant information reasonably available to it; and
 (iii) if the authority had had the relevant information at the time when it made the reviewable decision it would have made a decision more favourable to the claimant than the reviewable decision.
 (12) Where, in any proceedings, the Administrative Review 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