NSWIn ForceAct
Public Interest Disclosures Act 2022
38Immunity from costs orders
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38 Immunity from costs orders
38 Immunity from costs orders
(1) A person who institutes proceedings under section 35 or 37 is not liable to pay costs incurred by another party to the proceedings unless—
(a) the person instituted the proceedings vexatiously or without reasonable cause, or
(b) the person’s unreasonable act or omission caused the other party to incur the costs.
(2) The other party bears the onus of satisfying the court of the matters specified in subsection (1).