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Workplace Injury Rehabilitation and Compensation Act 2013
301WCosts
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301W Costs
(1) If ACCS determines a dispute referred to arbitration in favour of the claimant in the dispute, ACCS must award the claimant an amount fixed by the Minister in accordance with subsection (4) and paid—
(b) if the other party to the dispute is a self‑insurer—by the self‑insurer.
(2) Regardless of the outcome of an arbitration hearing, the Authority, an employer or self‑insurer (as the case requires) is liable to bear their own costs, unless ACCS orders otherwise in accordance with subsection (3).
(3) ACCS may order the claimant to pay costs of the other party if ACCS determines that the claim is fraudulent or vexatious.
(4) For the purposes of subsection (1), the Minister may, by notice published in the Government Gazette, fix amounts payable in respect of the reasonable costs of a claimant.
S. 301WA inserted by No. 27/2025 s. 24.
301WA Costs for arbitration of dispute that is resolved at further conciliation
(1) ACCS may award a claimant in a dispute costs in accordance with the amounts fixed by the Minister under section 301W(4) if—
(a) at any time before determining the dispute, ACCS refers the dispute or any part of the dispute for further conciliation; and
(b) an outcome certificate is issued in respect of the dispute or part of the dispute and the resolution is in favour of the claimant.
(2) An amount awarded by ACCS to a claimant under subsection (1) must only relate to the costs of the claimant that were incurred during the arbitration of the dispute.
(3) An amount awarded to a claimant under this section must be paid—
(b) if the other party to the dispute is a self‑insurer—by the self-insurer.
S. 301X inserted by No. 15/2021 s. 35.