Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 91

91.(1) Subject to this section, the costs incurred by a party to proceedings
instituted under this Part in respect of that reviewable decision are to be
borne by that party.

(2) Subject to this section, if proceedings instituted under this Part in
respect of a reviewable decision relating to a determination are rendered
abortive because a decision has been made, following a reconsideration under
subsection 78(1), varying or revoking that determination, the employer is
liable to reimburse the claimant for costs reasonably incurred by the claimant
in connection with that proceeding.

(3) If:
(a) an employer has determined a claim ("original determination"); and

   (b)  the employer, before making that determination, gave the claimant a
        notice under section 67 or 83 requesting the claimant to give it the
information specified in the notice ("relevant information"); and

   (c)  the claimant failed to comply with the notice; and

   (d)  at the time when the employer determined the claim, it did not have
        the relevant information and the relevant information was not
        reasonably available to the employer; and

   (e)  after the claim was determined, the claimant disclosed the relevant
        information to the employer or to the AAT; 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 relevant information
        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
        to those costs.

(4) If:
(a) an employer has determined a claim ("original determination"); and

   (b)  the employer, before making that determination, gave the claimant a
        notice under section 67 or 83 requesting the claimant to give that
        employer a
document, or a copy of the document, specified in the notice ("relevant
document"); and

   (c)  the claimant failed to comply with the notice; and

   (d)  at the time when the employer determined the claim, it did not have
        the information contained in the 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 AAT; 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 AAT for a review of a decision by an
employer to make a declaration under subsection (3) or (4).