Administrative Review Tribunal Rules 2024

PART 5 - MISCELLANEOUS  

Division 2 - Fees  

Subdivision D - General provisions  

SECTION 29   CONCESSIONAL CIRCUMSTANCES  

29(1)    
For the purposes of subsection 22(4) , paragraphs 25(1)(e) and 26(1)(e) and subsection 27(2) , the circumstances are the following:

(a)    the applicant has been granted legal aid for the matter to which the fee relates under a legal aid scheme or service:

(i) established under a law of the Commonwealth or of a State or Territory; or

(ii) approved by the Attorney-General;

(b)    the applicant is the holder of any of the following cards issued by the Commonwealth:

(i) a health care card;

(ii) a pensioner concession card;

(iii) a Commonwealth seniors health card;

(iv) any other card that certifies the holder ' s entitlement to Commonwealth health concessions;

(c)    the applicant is serving a sentence of imprisonment or is otherwise detained in a public institution, or is in immigration detention (within the meaning of the Migration Act 1958 );

(d)    the applicant is younger than 18;

(e)    the applicant is receiving youth allowance or Austudy payments under the Social Security Act 1991 or benefits under the ABSTUDY scheme;

(f)    the Principal Registrar makes an order that, having regard to the applicant ' s income, expenses, liabilities and assets, the Principal Registrar considers that the payment of an amount would cause, or has caused, financial hardship to the applicant.

29(2)    
For the purposes of paragraph (1)(b) , the holder of a card does not include a dependant of the person who is issued the card.