(2) A party to proceedings commenced under section 21 may appeal to the Court constituted by a magistrate against a determination made by a Judicial Registrar –

(a) that the Territory is entitled to recover from an offender a specified amount; or

(b) that the Territory is not entitled to recover any amount from an offender.

(3) An appeal under subsection (1) or (2) is to be in accordance with Part 37 of the Local Court Rules.

(4) A party to proceedings under this Act may appeal to the Court constituted by a magistrate against an order in those proceedings made by a Judicial Registrar or Registrar.

(5) An appeal under subsection (4) is to be in accordance with rule 4.04 of the Local Court Rules.

(6) A party to proceedings under this Act is not entitled to appeal to the Supreme Court against a determination or an order to which this section applies.

(7) An appeal under this section does not operate as a stay of the determination or order appealed against unless a magistrate orders otherwise.

(a) may prescribe a lump sum fee for specified work done in respect of an application under section 5, and specified disbursements incurred in doing that work, as the costs allowable in respect of that application; and

(b) may prescribe a percentage of the costs otherwise allowable under the Appendix to Order 63 of the Supreme Court Rules as the costs allowable for work done in respect of an application under section 5.

(1) The Crimes (Victims Assistance) Regulations are amended by adding at the end the following:

"5. Costs: lump sum fees etc. allowable if assistance not over $5 000

"(1) For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount not exceeding $5 000, are as follows:

(a) a fee of –

(i) $750 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or

(ii) $1 050 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;

(i) $350 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing of the application; or

(ii) $700 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;

(i) $400 if the hearing does not exceed half a day;

(ii) $800 if the hearing exceeds half a day but does not exceed one day; or

(iii) $800 for the first day of the hearing plus $400 for each day or part of a day thereafter;

"(2) A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.

"6. Costs: lump sum fees etc. allowable if assistance over $5 000

"(1) For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount exceeding $5 000, are as follows:

(a) a fee of –

(i) $1 000 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or

(ii) $1 300 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;

(i) $400 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing; or

(ii) $800 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;

(i) $500 if the hearing does not exceed half a day;

(ii) $850 if the hearing exceeds half a day but does not exceed one day; or

(iii) $850 for the first day of the hearing plus $500 for each day or part of a day thereafter;

"(2) A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.

"7. Costs: percentage of Supreme Court costs allowable

"For the purposes of section 24(4)(b) of the Act, the prescribed percentage is 40%.".

(2) A regulation inserted by subsection (1) may be amended or repealed by a regulation as if the insertion had been by a regulation.

"If, on application, the Court orders that, because of the particular circumstances of proceedings in respect of an application under section 5, a party to the proceedings should retain counsel, counsel is entitled to costs at the rate prescribed in the scale of costs under the Supreme Court Rules or at the other rate ordered by the Court.".