(1) A court or
tribunal in making an order for costs, or security for costs, in favour of, or
against, an assisted person, may not take into account the fact that that
person is an assisted person and is for that reason relieved wholly or in part
from liability to pay costs.
(2) Where
legal assistance has been provided for an assisted person the Commission is
subrogated to the rights of the assisted person to costs in respect of that
legal assistance and any such costs received or recovered by the
assisted person or a legal practitioner engaged to provide the
legal assistance must be applied in accordance with the directions of
the Commission.
(3) Where
the Commission has instituted proceedings for the recovery of any amount in
respect of legal costs, and the Commission is entitled to reimbursement of the
costs of the proceedings, the costs will be assessed in all respects as if a
legal practitioner had acted for the Commission in the institution and conduct
of the proceedings whether or not the Commission in fact engaged a
legal practitioner so to act.