Commonwealth Numbered Acts

Freedom of Information Amendment Act 1983 No. 81 of 1983 - SECT 40

40. Sections 66 to 69 (inclusive) of the Principal Act are repealed and the
following section is substituted: Tribunal may make recommendation that costs
be available in certain circumstances

''66. (1) Where-

   (a)  a person makes application to the Tribunal under section 55 for review
        of a decision constituting the action to which the complaint relates;
        and

   (b)  the person is successful, or substantially successful, in his
        application for review,
the Tribunal may, in its discretion, recommend to the Attorney-General that
the costs of the applicant in relation to the proceedings be paid by the
Commonwealth.

''(2) Without limiting the generality of the matters to which the Tribunal may
have regard in deciding whether to make a recommendation under sub-section
(1), the Tribunal shall have regard to-

   (a)  the question whether payment of the costs or any part of the costs
        would cause financial hardship to the applicant;

   (b)  the question whether the decision of the Tribunal on review will be of
        benefit to the general public;

   (c)  the question whether the decision of the Tribunal on review will be of
        commercial benefit to the person making application to the Tribunal;
        and

   (d)  the reasonableness of the decision reviewed by the Tribunal.

''(3) The Attorney-General may, pursuant to a recommendation of the Tribunal
under sub-section (1), authorize the payment of costs to an applicant.''.