(2) In this section:
agency does not include the nominated AGHS company, an eligible hearing service provider or an eligible case manager.
(a) the agency must not repeat or continue conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(i); and
(b) the agency must perform the act or course of conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(ii).
(a) that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and
(b) that no member, officer or employee of the agency repeats or continues conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(i); and
(c) the performance of any act or course of conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(ii).
(2) If the respondent is an agency that has the capacity to sue and be sued, the amount is recoverable as a debt due by the agency to the complainant. In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant.
(3) In this section:
complainant, in relation to a representative complaint, means a class member.
(a) a declaration of the kind referred to in subparagraph 52(1)(b)(iii) or subsection 52(3) that is included in a determination to which this Division applies; or
(b) a decision of the Commissioner refusing to include such a declaration in a determination to which this Division applies.
(2) An agency, or the principal executive of an agency, may not apply for review without the permission of the Minister.
(3) In exercising powers in relation to an application under subsection (1), the Tribunal must be constituted by a presidential member who is a Judge and 2 other members who are not Judges. This subsection has effect subject to subsection 21(1A) of the Administrative Appeals Tribunal Act 1975.
(4) Terms used in subsection (3) that are also used in the Administrative Appeals Tribunal Act 1975 have the same meanings as in that Act.
(2) If the principal executive of an agency fails to comply with section 59, an application may be made to the Federal Court or the Federal Magistrates Court for an order directing the principal executive to comply.
(3) The application may be made by the Commissioner or by the complainant. In the case of a representative complaint, complainant means a class member.
(4) On an application under this section, the court may make such other orders as it thinks fit with a view to securing compliance by the respondent.
(5) An application may not be made under this section in relation to a determination under section 52 until:
(a) the time has expired for making an application under section 61 for review of the determination; or
(b) if such an application is made, the decision of the Administrative Appeals Tribunal on the application has come into operation.