Commonwealth Numbered Acts

SEAFARERS REHABILITATION AND COMPENSATION ACT 1992 No. 234, 1992 - SECT 92

92.(1) If, in any proceedings instituted by the claimant, the AAT 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 AAT 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
        employer.

(2) If the AAT gives a decision setting aside a reviewable decision and
remitting the case for re-determination by the employer, the AAT must, subject
to this section, order that costs of the proceedings before it incurred by the
claimant are to be paid by the employer.

(3) Neither subsection (1) nor (2) authorises the AAT to order an employer to
pay any costs incurred by a claimant in relation to an application for an
extension of time for applying to the AAT for a review of a reviewable
decision.

(4) If, in any proceedings, the AAT varies or sets aside a reviewable
decision, the AAT must not make an order under subsection (1) or (2) in favour
of a claimant in relation to the costs of those proceedings if:

   (a)  the employer, before making the reviewable decision, gave the claimant
        a notice under section 67 or 83 requesting the claimant to give the
        authority
the information specified in the notice ("relevant information"); and

   (b)  the AAT is satisfied that:

        (i)    the claimant failed to comply with that notice; and

        (ii)   at the time when the employer made the reviewable decision, it
               did not have the relevant information, and the
               relevant information was not reasonably available to it; and

        (iii)  if the employer 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.

(5) If, in any proceedings, the AAT varies or sets aside a reviewable
decision, the AAT must not make an order under subsection (1) or (2) in favour
of a claimant in relation to the costs of those proceedings if:

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

   (b)  the AAT is satisfied that:

        (i)    the claimant failed to comply with that order; and

        (ii)   at the time when the employer made the reviewable decision, it
               did not have the information contained in the
               relevant document, and that information was not reasonably
               available to it; and

        (iii)  if the employer had had the information contained in the
               relevant document at the time when it made the reviewable
               decision it would have made a decision more favourable to the
               claimant than the reviewable decision.

(6) If the AAT orders an employer to pay costs incurred by a claimant, the AAT
may, in the absence of agreement between the parties as to the amount of the
costs, tax or settle the amount of costs or order that the costs be taxed by
the Registrar or a Deputy Registrar of the AAT.