Australian Capital Territory Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 76

    (1)     Where—

        (a)     a person makes application to the ACAT under section 60 for review of a decision constituting the action to which the complaint relates; and

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

the ACAT may, in its discretion, recommend to the Minister that the costs of the applicant in relation to the proceedings be paid by the Territory.

    (2)     Without limiting the matters to which the ACAT may have regard in deciding whether to make a recommendation under subsection (1), the ACAT 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; and

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

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

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

    (3)     The Minister may, under a recommendation of the ACAT under subsection (1), authorise the payment of costs to an applicant.