74Costs of proceedings before Administrative Appeals Tribunal

74  Costs of proceedings before Administrative Appeals Tribunal

 (1) Subject to this section, the costs incurred by a party to proceedings instituted under this Part in respect of a reviewable decision are to be borne by that party.

 (2) Subject to this section, if a proceeding instituted under this Part in respect of a reviewable decision relating to a determination is rendered abortive because a decision has been made, following a reconsideration under subsection 69(1), varying or revoking the determination, the Commonwealth is liable to reimburse the claimant for costs reasonably incurred by the claimant in connection with that proceeding.

 (3) If:

 (a) Comcare has determined a claim (the original determination); and

 (b) Comcare, before making the original determination, gave the claimant a notice under section 64 requesting the claimant to give it the information specified in the notice (the relevant information); and

 (c) the claimant failed to comply with the notice; and

 (d) at the time when Comcare determined the claim:

 (i) it did not have the relevant information; and

 (ii) the relevant information was not reasonably available to it; and

 (e) after the claim was determined, the claimant disclosed the relevant information to Comcare or to the Administrative Appeals Tribunal; and

 (f) Comcare reconsidered the original determination under subsection 69(1) and made a determination more favourable to the claimant than the original determination; and

 (g) Comcare is satisfied that, if it had had the relevant information at the time when the original determination was made, it would have made a determination more favourable to the claimant than the original determination; and

 (h) the Commonwealth would, but for subsection (5), be liable under subsection (2) to reimburse the claimant for costs reasonably incurred by the claimant;

Comcare may make a declaration, in writing, that subsection (2) does not apply to those costs.

 (a) Comcare has determined a claim (the original determination); and

 (b) Comcare, before making the original determination, gave the claimant a notice under section 64 requesting the claimant to give it a copy of a document specified in the notice (the relevant document); and

 (c) the claimant failed to comply with the notice; and

 (d) at the time when Comcare determined the claim:

 (i) it did not have the information contained in the relevant document; and

 (ii) the information was not reasonably available to it; and

 (e) after the claim was determined, the claimant gave the relevant document, a copy of the relevant document, or the information contained in the relevant document, to Comcare or to the Administrative Appeals Tribunal; and