91Costs of proceedings before ART—general

#### 91 Costs of proceedings before ART—general (1) Subject to this section, the costs incurred by a party to proceedings instituted under this Part in respect of that reviewable decision are to be borne by that party. (2) Subject to this section, if proceedings instituted under this Part in respect of a reviewable decision relating to a determination are rendered abortive because a decision has been made, following a reconsideration under subsection 78(1), varying or revoking that determination, the employer is liable to reimburse the claimant for costs reasonably incurred by the claimant in connection with that proceeding. (3) If: (a) an employer has determined a claim (original determination); and (b) the employer, before making the original determination, gave the claimant a notice under section 67 or 83 requesting the claimant to give the employer the information (the relevant information) referred to in the notice or an authority to obtain the relevant information; and (c) the claimant failed to comply with the notice; and (d) at the time when the employer determined the claim, it did not have the relevant information and the relevant information was not reasonably available to the employer; and (e) after the claim was determined, the claimant disclosed the relevant information to the employer or to the ART; and (f) the employer reconsidered the original determination under subsection 78(1) and made a determination more favourable to the claimant than the original determination; and (g) the employer 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 employer would be liable under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant; the employer may make a declaration in writing that subsection (2) does not apply to those costs. (4) If: (a) an employer has determined a claim (original determination); and (b) the employer, before making the original determination, gave the claimant a notice under section 67 or 83 requesting the claimant to give the employer, or to give the employer a copy of, a document (the relevant document) referred to in the notice or an authority to obtain, or to obtain a copy of, the relevant document; and (c) the claimant failed to comply with the notice; and (d) at the time when the employer determined the claim, it did not have the information contained in the relevant document and that information was not reasonably available to that employer; and (e) after the claim was determined, the claimant gave the document, or a copy of the document, or the information contained in the relevant document, to the employer or to the ART; and (f) the employer reconsidered the original determination under subsection 78(1), and made a determination more favourable to the claimant than the original determination; and (g) the employer is satisfied that, if it had had the information contained in the relevant document 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 employer would be liable, under subsection (2), to reimburse the claimant for costs reasonably incurred by the claimant; the employer may make a declaration, in writing, that subsection (2) does not apply in relation to those costs. (5) An employer must give a copy of a declaration made by it under subsection (3) or (4) to the claimant. (6) Application may be made to the ART for a review of a decision by an employer to make a declaration under subsection (3) or (4).