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Workplace Relations (Registered Organisations) Bill 2001

Part 3 Financial assistance and costs

Division 1 Financial assistance

303   Authorisation of financial assistance

             (1)  Subject to this Division, the Minister may, on application made by a person under subsection (2), authorise payment by the Commonwealth to the person of financial assistance in relation to the whole or part of the person’s relevant costs, if the Minister is satisfied:

                     (a)  that hardship is likely to be caused to the person if the application is refused; and

                     (b)  that in all the circumstances it is reasonable that the application should be granted.

             (2)  An application may be made to the Minister for financial assistance under this Division by the following persons (other than organisations) in the following circumstances:

                     (a)  a person who made an application under section 161 or 162, where the Federal Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under section 161 or 162 in relation to the other person or organisation;

                     (b)  a person who was a party, otherwise than as an applicant, to a proceeding under section 161 or 162;

                     (c)  a person who made an application under section 162, where the Court made an interim order under subsection 162(4);

                     (d)  a person who applied for an inquiry into an election, where the Court found that an irregularity happened;

                     (e)  a person who applied for an inquiry into an election, where the Court certified under subsection 304(1) that the person acted reasonably in applying;

                      (f)  a person who incurred costs in relation to an inquiry into an election, other than a person who applied for the inquiry;

                     (g)  a member of an organisation who made an application under subsection 212(5), where the Court declared that the person the subject of the application was not eligible to be a candidate for election or to be elected or appointed or had ceased to hold office;

                     (h)  a member of an organisation who made an application under subsection 212(5), where the Court certified under subsection 304(2) that the member acted reasonably in making the application;

                      (j)  a person who incurred costs in relation to an application made under subsection 212(5), other than the person who made the application;

                     (k)  a person who made an application to the Court under section 213 or 214, where, on the application, the Court granted the person leave under paragraph 213(2)(a) or 214(2)(a) or refused the person leave under paragraph 213(2)(b) or 214(2)(b);

                    (m)  a person who applied for an inquiry into a ballot under Chapter 3 Part 2, where the Court found that an irregularity happened;

                     (n)  a person who applied for an inquiry into a ballot under Chapter 3 Part 2, where the Court certified under subsection 304(3) that the person acted reasonably in applying;

                     (o)  a person who incurred costs in relation to an inquiry into a ballot under Chapter 3 Part 2, other than the person who applied for the inquiry;

                     (p)  a person who was a party to a proceeding under Chapter 10 Part 2;

                     (q)  a person who made an application under section 165, where the Court granted a rule calling on another person, or an organisation, to show cause why an order should not be made under subsection 165 in relation to the other person or organisation.

             (3)  In subsection (1), relevant costs means:

                     (a)  in the case of a person referred to in paragraph (2)(a), (c), (k) or (q)—the costs incurred by the person in relation to the application concerned;

                     (b)  in the case of a person referred to in paragraph (2)(b) or (p)—the costs incurred by the person in relation to the proceeding concerned;

                     (c)  in the case of a person referred to in paragraph (2)(d), (e), (m) or (n)—the costs incurred by the person in relation to the inquiry concerned;

                     (d)  in the case of a person referred to in paragraph (2)(f), (j) or (o)—the costs referred to in that paragraph; or

                     (e)  in the case of a member of an organisation referred to in paragraph (2)(g) or (h)—the costs incurred by the member in relation to the application concerned.

304   Federal Court may certify that application was reasonable

             (1)  Where a person has applied for an inquiry into an election but the Federal Court does not find that an irregularity happened, the Court may certify for the purposes of this Division that the person acted reasonably in applying.

             (2)  Where a member of an organisation has made an application under subsection 212(5) but the Federal Court does not declare that the person who is the subject of the application was not eligible to be a candidate or to be elected or appointed or had ceased to hold office, the Court may certify for the purposes of this Division that the member acted reasonably in making the application.

             (3)  Where a person has applied for an inquiry into a ballot under Part 2 (amalgamation) or Part 3 (withdrawal from amalgamation) of Chapter 3 but the Federal Court does not find that an irregularity happened, the Court may certify that the person acted reasonably in applying.

305   Applications under sections 161, 162 and 165

             (1)  The Minister may refuse an application made by a person referred to in paragraph 303(2)(b), (c), (d) or (q) if satisfied that:

                     (a)  the order sought in the proceeding concerned is the same or substantially the same as an order obtained or sought in another relevant proceeding and the proceeding involves the determination of the same or substantially the same questions of fact or law or mixed fact and law as were or are involved in the determination of the other relevant proceeding; or

                     (b)  it would be contrary to the interests of justice to grant financial assistance to the applicant in relation to the proceeding concerned.

             (2)  In subsection (1):

other relevant proceeding means a proceeding that:

                     (a)  was instituted, whether before or after the commencement of this section, before the institution of the proceeding in relation to which the application referred to in that subsection was made; and

                     (b)  has been heard and determined by, or is pending before, the Federal Court.

             (3)  Where the Minister authorises the payment of financial assistance on application made by a person referred to in paragraph 303(2)(b), (c), (d) or (q), subsections (4) and (5) of this section apply.

             (4)  The Minister may:

                     (a)  specify the amount, or determine from time to time the amounts, to be paid; or

                     (b)  authorise the payment of such amount as is determined, or such amounts as are determined from time to time, under directions of the Minister.

             (5)  The Minister may authorise payment to be made by the Commonwealth before or after the hearing or determination by the Federal Court of the proceeding concerned.

306   Fees for 2 counsel not normally to be paid

                   Nothing in this Division authorises a payment in relation to fees of more than one counsel appearing for the person applying for financial assistance unless 2 or more counsel appeared, or are to appear, for any other person at the hearing concerned.

307   Powers of Federal Court not affected

                   Nothing in this Division limits the power of the Federal Court to make an order as to the costs of proceedings before the Court.



 

Division 2 Costs

308   Costs only where proceeding instituted vexatiously etc.

             (1)  A person who is a party to a proceeding (including an appeal) in a matter arising under this Act must not be ordered to pay costs incurred by any other party to the proceeding unless the person instituted the proceeding vexatiously or without reasonable cause.

             (2)  In subsection (1):

costs includes all legal and professional costs and disbursements and expenses of witnesses.