(1) A disciplinary body must make an order requiring a person whom it has
found to have engaged in prescribed conduct to pay costs, including costs of
the commissioner and the complainant, unless the disciplinary body is
satisfied exceptional circumstances exist.
(2) A disciplinary body may make
an order requiring a person whom it has found not to have
engaged in prescribed conduct to pay costs, including costs of the
commissioner and the complainant, if the disciplinary body is satisfied
that—
(a) the sole or principal reason why the proceeding was started in the
disciplinary body was the person’s failure to cooperate with the
commissioner or a relevant regulatory authority; or
(b) there is some other
reason warranting the making of an order in the particular circumstances.
(3)
Without limiting subsection (2) , a disciplinary body that makes an order
under section 460may make a further order requiring an Australian legal
practitioner, in relation to whom the order under section 460relates, to pay
costs in relation to the order.
(4) A disciplinary body may make an order
requiring the commissioner to pay costs, but may do so only if it is satisfied
that—
(b) the body considers that special
circumstances warrant the making of the order.
(5) An order for costs—
(a)
may be for a stated amount; or
(b) may be for an unstated amount but must
state the basis on which the amount must be decided.
(6) An order for costs
may state the terms on which costs must be paid.
(7) The only other
circumstances in which the tribunal exercising its jurisdiction in relation to
a disciplinary application may award costs are the circumstances stated in the
QCAT Act , section 103 or 104 .
Note—
See the QCAT Act , sections 106 to
109 for provisions about the tribunal awarding costs.
(8) In this
section—
"engaged in prescribed conduct" means engaged in unsatisfactory professional
conduct or professional misconduct, or engaged in misconduct in relation to a
relevant practice, as mentioned in section 456(1) or 458(1) .
