External review—costs of proceedings
198 External review—costs of proceedings
The ACAT may order a party to pay the costs of the other party arising from an application for external review of an ACAT reviewable decision.
However, the ACAT must not award the costs of, or incidental to, an application for external review against an injured person if—
the injured person made the application in good faith; and
the ACAT is satisfied that the applicant has an arguable basis for the application.
The ACAT may be satisfied an applicant has an arguable basis for an application for external review if the applicant appears in person.
A regulation may prescribe the following:
when an order under subsection (1) may be made;
what may be considered to be a disbursement;
the maximum amount that can be awarded for particular costs;
the maximum amount of costs that can be awarded in relation to an application for external review of an ACAT reviewable decision.
Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
In this section:
costs include disbursements.
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