Commonwealth Consolidated Acts

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Tribunal may make recommendation that costs be available in certain circumstances

             (1)  Where:

                     (a)  a person applies, under section 57A, to the Tribunal for review of a decision of the Information Commissioner on an IC review; and

                     (b)  the person is successful, or substantially successful, in his or her application for review;

the Tribunal may, in its discretion, recommend to the responsible Minister that the costs of the applicant in relation to the proceedings be paid by the Commonwealth.

             (2)  Without limiting the generality of the matters to which the Tribunal may have regard in deciding whether to make a recommendation under subsection (1), the Tribunal shall have regard to:

                     (a)  the question whether payment of the costs or any part of the costs would cause financial hardship to the applicant;

                     (b)  the question whether the decision of the Tribunal on review will be of benefit to the general public;

                     (c)  the question whether the decision of the Tribunal on review will be of commercial benefit to the person making application to the Tribunal; and

                     (d)  the reasonableness of the decision reviewed by the Tribunal.

             (3)  The responsible Minister may, pursuant to a recommendation of the Tribunal under subsection (1), authorize the payment of costs to an applicant.

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