PRESS STATEMENT NO. ZZ 2.
April 1974
PROVISION OF ASSISTANCE TO PARTIES IN PRICES JUSTIFICATION
TRIBUNAL INQUIRIES
For some time now it has been apparent that provision
should be made to assist in the presentation of cases in
the consumer interest at Prices Justification Tribunal
inquiries. It is important that adequate presentations be
made to the Tribunal so that it will have all relevant aspects
of the matter before it during its deliberations. I pay
tribute to the quality of the Tribunal's past reports and
do not in any way question the ability of the Tribunal to take
full account of the public interest in all its inquiries.
The arrangements that will now take effect are intended
solely to assist the Tribunal in this onerous task.
In the first place, the Government will, in approved
circumstances, provide assistance in the form of information
and advice to parties making a general public interest case to
the Tribunal. Requests for such assistance should be
forwarded to the Department of the Prime Minister and Cabinet,
which will make any necessary inquiries from other Government
agencies and communicate as appropriate with the party
concerned. In addition to this, the Government will, in
appropriate cases, provide assistance with the cost of
preparation and presentation of submissions to the Tribunal.
In this respect the following arrangements will now operate:
A prerequisite for assitance is that the applicant
has been granted leave by the Tribunal under Section
of the Prices Justification Act to take part as a
party in an inquiry.
Applications may be made on the following grounds:
that the applicant represents the interests
of a substantial number of consumers;
( ii) that the applicant is capable of effectively
representing the interests of consumers before
the Tribunal;
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( iii) that it is desirable that the applicant take
part in the inquiry in order that the interests
of consumers will be adequately and effectively
represented before the Tribunal;
( iv) that the cost to the applicant of taking part in
the inquiry would impose a burden on it that
it ought not fairly be required to bear;
and that in all the circumstances it is reasonable that
assistance be granted.
Any assistance may include financial assistance. A
determination will be made of the contribution to be
made towards the applicant's costs of the inquiry and
the extent of the costs that the applicant should be
left to bear. Assistance may be granted either
unconditionally or subject to conditions.
The determination whether assistance is to be granted,
and if so, the amount of such assistance will be made
by the Prime Minister or by a Minister designated by him.
A person or organisation desiring assistance should make
application to the Prime Minister setting out the following
information: an indication of intention to apply for leave to
take part in an inquiry;
( ii) if an organisation, particulars of the organisation
and the nature of its membership;
( iii) a statement of financial capacity;
( iv) a short statement of the purpose of intervention
in the inquiry;
al estimate of the costs likely to be incurred
in the inquiry; and
( vi) a request for a stated contribution towards costs
with reasons for that request.
An application will finally be determined once the applicant
obtains the leave of the Tribunal to take part in the inquiry.
Applications in relation to participation in past as well as
current or future inquiries by the Prices Justification
Tribunal will be considered on the same basis.
CANBERRA, A. C. T.