21Determination by District Court

#### 21 Determination by District Court 21 Determination by District Court > > (1) A person who considers himself or herself aggrieved by— > > > > > (a) a decision made by STC on a matter that arises under this Act by reason of a member of the police force being hurt on duty, or > > > > > (b) a decision made by the Commissioner of Police under section 10A (1), 10B (3) (a), 12C (1), 12C (2) or 12D (4) (a), > > > > may, within the period of 6 months after the person is notified of that decision, apply to the District Court for a determination in relation to that decision. > > > (2) Notification of a decision under subsection (1) is to be given in writing. > > > (3) STC or the Commissioner of Police, as the case may be, is entitled to be represented at the hearing of an application under this section. > > > (4) The District Court, after considering an application under this section, may make a determination that the decision of STC or the Commissioner of Police, as the case may be, in respect of which the application was made— > > > > > (a) be confirmed, or > > > > > (b) be set aside and replaced by a different decision made by the District Court. > > > (5) The District Court shall not make a decision referred to in subsection (4) (b) unless STC or the Commissioner of Police, as the case may be, could pursuant to this Act make that decision. > > > (6) Where the District Court makes a decision referred to in subsection (4) (b), that decision shall, for the purposes of this Act, be deemed to be made by STC or the Commissioner of Police, as the case may be, and shall be carried into effect. > > > (7) (Repealed) > > > (8) The District Court, after hearing an application under this section, may assess the costs of the successful party to the application (including costs of representation and witness expenses, if any) and order that the costs so assessed or any part of them be paid to the successful party by any other party within a time specified in the order. > > > (9) The District Court shall not order the payment of costs under subsection (8) by the applicant for a determination under this section unless satisfied that the application was frivolous or vexatious or was made fraudulently or without proper justification. > > > (10) Where costs assessed under subsection (8) are not paid within the time specified in the order made under that subsection in respect of them, the person in whose favour the order was made may recover the costs in a court of competent jurisdiction as a debt due to that person by the person against whom the order was made. > > > (11) In this section— > > > > District Court means the District Court of New South Wales established by the [District Court Act 1973](/view/html/inforce/current/act-1973-009). > > **s 21:** Ins 1979 No 133, Sch 1 (20). Am 1984 No 73, Sch 1 (28); 1984 No 93, Sch 1, Part 1; 1987 No 81, Sch 1 (12); 1992 No 35, Sch 2; 1996 No 39, Sch 4; 2002 No 23, Sch 1.6 \[1\] \[2\]; 2006 No 53, Sch 1.2 \[32\].