27. Payment for other costs

The FAS may pay a legal practitioner or other person for other (non-legal) costs incurred in representing or assisting an applicant in relation to an application.[1]

The FAS will only pay for costs incurred in obtaining assistance with an application where the costs are:

  • reasonably necessary for an applicant to make an application, and
  • paid by the applicant or authorised representative to another person.

Examples of costs the FAS may pay for include:

  • National Accreditation Authority for Translators and Interpreters (NAATI) certified interpreter fees to assist the applicant in preparing their application
  • fees associated with filing for the issue of a subpoena and service of the subpoena to parties
  • fees associated with Freedom of Information (FOI) requests for documents associated with the FAS application.

The FAS will only consider requests for other costs where an applicant has submitted an application to the FAS for assistance or an application to vary their VOCAT award or FAS assistance. The FAS will only provide reimbursement of other costs reasonably incurred. The FAS will not provide authorisation for other costs that are likely to be incurred.

The applicant or authorised representative must have incurred a cost to themselves and be otherwise left out of pocket for an actual expense. The FAS will not pay for the costs of an authorised representative’s time in assisting an applicant with an application (except for lawyers in relation to legal costs).


Footnotes

[1] Section 39 of the Act.

Updated