Western Australian Consolidated Acts

EQUAL OPPORTUNITY ACT 1984 - SECT 93A

93A .         Commissioner may assist complainants on appeal to Supreme Court

        (1)         The Commissioner may, on the application of a complainant who has received assistance under section 93(2) and if the Commissioner considers it appropriate in all the circumstances (including the financial circumstances of the complainant) to do so — 

            (a)         arrange for the provision of legal representation; or

            (b)         grant such financial assistance as is necessary to enable the complainant to call or give, or to call and give, evidence,

                before the Supreme Court, or both, to enable the complainant to make or defend an appeal to the Supreme Court against a decision of the Tribunal.

        (2)         The Commissioner may, in granting an application under subsection (1), make that grant subject to such conditions as the Commissioner thinks fit.

        (3)         If a condition to which the grant of an application is subjected under subsection (2) requires the complainant to pay to the Commissioner in circumstances specified in that condition the whole or any part of any expense incurred by the Commissioner in the exercise of a power referred to in subsection (1)(a) or (b) and those circumstances arise, the Commissioner may recover that whole or part from the complainant by action in a court of competent jurisdiction as a debt due to the Commissioner.

        [Section 93A inserted by No. 74 of 1992 s. 28; amended by No. 55 of 2004 s. 306.]