Fair Work (Registered Organisations) Act 2009

Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:

that hardship is likely to be caused to the person if the application is refused; and

that in all the circumstances it is reasonable that the application should be granted.

An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:

a person who made an application under section 163, 164 or 164A, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 163, 164 or 164A in relation to the other person or organisation;

a person who was a party, otherwise than as an applicant, to a proceeding under section 163, 164 or 164A;

a person who made an application under section 164, where the Federal Court made an interim order under subsection 164(4);

a person who applied for an inquiry into an election, where the Federal Court found that an irregularity happened;

a person who applied for an inquiry into an election, where the Federal Court certified under subsection 325(1) that the person acted reasonably in applying;

a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;

a member of an organisation who made an application under subsection 215(5), where the Federal Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;

a member of an organisation who made an application under subsection 215(5), where the Federal Court certified under subsection 325(2) that the member acted reasonably in making the application;

a person who incurred costs in relation to an application made under subsection 215(5), other than the person who made the application;

a person who made an application to the Federal Court under section 216 or 217, where, on the application, the Federal Court granted the person leave under paragraph 216(2)(a) or 217(2)(a) or refused the person leave under paragraph 216(2)(b) or 217(2)(b);

a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court found that an irregularity happened;

a person who applied for an inquiry into a ballot under Part 2 of Chapter 3, where the Federal Court certified under subsection 325(3) that the person acted reasonably in applying;

a person who incurred costs in relation to an inquiry into a ballot under Part 2 of Chapter 3, other than the person who applied for the inquiry;

a person who was a party to a proceeding under Part 3 of Chapter 3;

a person who was a party to a proceeding under Part 2 of Chapter 11;

a person who made an application under section 167, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 167(2) in relation to the other person or organisation.

In subsection (1), relevant costs means:

in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned; or

in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned; or

in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned; or

in the case of a person referred to in paragraph (2)(f), (j) or (o)—the costs referred to in that paragraph; or

in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.