(1) An individual may apply to the proper officer of the Supreme Court or the District Court for an order exempting the individual from payment of a fee stated in schedule 1.
(2) The proper officer may, by order, exempt the individual from payment of the fee if the proper officer considers that, having regard to the individual's financial position, it is clearly in the interests of justice to make the order.
(3) The proper officer may decide the application summarily and without extensive investigation.
(4) In having regard to the individual's financial position, the proper officer must have regard to the following matters--
(a) if the individual receives an income-tested pension under the Social Security Act 1991 (Cwlth), the type and amount of the pension;
(b) how much the individual is paying as rent for his or her accommodation;
(c) whether a spouse or close relative may be willing to give the individual financial help;
(d) any other matter the proper officer considers relevant.
(5) The individual, if dissatisfied with the proper officer's decision on the individual's application, may apply for a review of the decision to--
(a) if the court is the Supreme Court, a Supreme Court judge; or
(b) if the court is the District Court, a District Court judge.
(6) On an application for a review of the proper officer's decision, the judge conducting the review may--
(a) consider the application with or without a hearing; and
(b) consider anything the proper officer considered under subsection (4); and
(c) make the order the judge considers appropriate.