New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 216A

216A Determination by District Court

(1) An application to the District Court for a determination in relation to a decision of the Commissioner under section 216AA may be made by:

(a) a student of policing referred to in section 216AA (1), or

(b) the spouse or personal representative of a student of policing referred to in section 216AA (2),

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 .