146Costs

146 Costs

(1)  [Section 146 Subsection (1) amended by No. 12 of 2024, s. 12, Applied:05 Sep 2024] [Section 146 Subsection (1) amended by No. 18 of 2021, s. 39, Applied:05 Nov 2021] Except as provided in section 143(4) and this section, costs are not to be awarded by the Tribunal against a party to proceedings to which this Act relates.

(2)  [Section 146 Subsection (2) amended by No. 18 of 2021, s. 39, Applied:05 Nov 2021] The Tribunal may order a party to pay to the Tribunal the costs incurred by the Tribunal in dealing with a matter referred to the Tribunal under this Act, if the Tribunal is of the opinion that the party's conduct of the matter before the Tribunal is such that the awarding of the costs is appropriate so as to deter such conduct by the party in the future.

(3)  [Section 146 Subsection (3) inserted by No. 12 of 2024, s. 12, Applied:05 Sep 2024] The Tribunal is to order the Commissioner to pay the costs incurred by another party in respect of proceedings to which this Act relates if –

(a) the proceedings are determined in the favour of the other party; and

(b) during the proceedings, the Tribunal finds that a medical panel made an error in applying the law to a medical question in respect of a person; and

(c) the Tribunal is satisfied that, had the error of law not been made, the Commissioner would have determined that one or more of the following would have applied in respect of the person:

(i) the person would have been entitled to compensation under this Act in accordance with section 70 ;

(ii) the person would have been entitled, under section 74 or 76 , to compensation by way of lump sum.