South Australian Consolidated Regulations

WORKERS REHABILITATION AND COMPENSATION (REVIEWS AND APPEALS) REGULATIONS 1999 - REG 6

6—Costs on account of representation

        (1)         Pursuant to section 92A of the Act, the following limits on costs are fixed in relation to proceedings before a Review Officer, and related conciliation proceedings where the proceedings take place up to and including 31 December 2000:

Item	Limit $
Assistance in the preparation and lodgement of an application for review	88
Participation in the conciliation process	110
Participation in the dispute resolution/conclusion process	88
Preparation of case for a review hearing	165
Appearance before a Review Officer (to a maximum of $363)
First hour	110
Second hour	66
Third and subsequent hours	33

        (1a)         The limits on costs in relation to proceedings before a Review Officer, and related conciliation proceedings, that take place in the 2001 calendar year or a subsequent calendar year are to be determined by adjusting the amounts prescribed by subregulation (1) in accordance with subregulation (5).

        (2)         Pursuant to section 92A of the Act, the costs awarded to a party who is represented in proceedings before the Tribunal cannot exceed 85 per cent of the costs that would have been payable on a party and party basis had the proceedings been proceedings before the Supreme Court.

        (3)         If a bill of costs is ordered to be made subject to examination, or is disputed—

            (a)         if the proceedings were before a Review Officer (or relate to conciliation proceedings)—the bill of costs must be submitted to a Review Officer for examination;

            (b)         if the proceedings were before the Tribunal—the bill of costs must be submitted to the Registrar for examination.

        (4)         A copy of a bill of costs submitted by a party to proceedings for examination under subregulation (3) must be served on all other parties to the proceedings.

        (5)         Subject to subregulation (6), an amount prescribed by subregulation (1) will be adjusted on an annual basis so that the adjusted amount will on 1 January 2001 and on 1 January of each subsequent year be an amount (calculated to the nearest multiple of $10) that bears to the amount prescribed by subregulation (1) the same proportion, subject to subregulation (7), as the Consumer Price Index for the September quarter of the immediately preceding year bears to the Consumer Price Index for the September quarter, 1998.

        (6)         In the application of subregulation (5) the maximum amount for appearance before a Review Officer prescribed by subregulation (1) will be taken to be $352 and not $363.

        (7)         For the purpose of making the adjustment referred to in subregulation (5), the amount of the Consumer Price Index for the September quarter, 2000, and for the September quarter of each subsequent year will be reduced by the amount of the component of the weighted average of the Consumer Price Index for the eight Australian capital cities for the September quarter, 2000, that, in the opinion of the Australian Bureau of Statistics, is attributable to the impact of the GST.

        (8)         If the Australian Bureau of Statistics has not determined and published the amount of the component referred to in subregulation (7) that is attributable to the GST by 1 January 2001, the adjustment under subregulation (5) for that year will be delayed until the amount has been published by the Bureau.