within 6 months after
the decision is notified in writing to the student, spouse or personal
representative.
(2) If within 6 months after a student of policing to whom
section 216AA applies suffers an injury that renders the student totally and
permanently incapacitated for work, or dies, the Commissioner fails or refuses
to make a decision under that section in relation to the student, the
Commissioner is taken, for the purposes of this section, to have made a
decision under that section to refuse to pay any amount in relation to the
student.
(3) The Commissioner is entitled to be represented at the hearing of
an application under this section.
(4) After considering the application, the
District Court may make a determination that the decision of the Commissioner
in respect of which the application was made--
(a) be confirmed, or
(b) be
set aside and replaced by a different decision made by the District Court.
(5) The District Court must not make a decision referred to in subsection (4)
(b) that could not be made by the Commissioner under section 216AA.
(6) A
decision of the District Court referred to in subsection (4) (b) is taken to
be made by the Commissioner and is to be given effect accordingly.
(7) After
hearing the application, the District Court--
(a) may assess the costs of the
successful party to the application (including costs of representation and
witness expenses, if any), and
(b) may order that the costs so assessed (or
any part of them) be paid to the successful party by any other party within a
time specified in the order.
The District Court cannot order the payment of
costs by the applicant unless it is satisfied that the application was
frivolous or vexatious or was made fraudulently or without proper
justification.
(8) If costs assessed under subsection (7) are not paid within
the time specified in the order for their payment, the person in whose favour
the order was made may recover the costs from the person against whom the
order was made as a debt.
(9) In this section--
"District Court" means the District Court of New South Wales established by
the District Court Act 1973 .
