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Decision maker has discretion

As usual the guidelines in this Part are just guidelines. As a decision maker, you have discretion to fully, partially, or not waive the costs in any case. But any decision must be grounded in the Act, and reasons must be given. In particular if you are going to depart from any guideline in this Part that suggests that a full or partial waiver should be granted, you must:

  • Ground the decision in the Act.
  • Give full reasons, including a clear statement as to why the guidelines have been departed from – particularly if you are relying on section 33(8)(b) on its own.