Compensation and expenses
(1) If a determination to which this Division applies includes a declaration of the kind referred to in subparagraph 52(1)(b)(iii), paragraph 52(1A)(d) or subsection 52(3), the complainant or individual is entitled to be paid the amount specified in the declaration.
(2) If the determination applies in relation to 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 or individual. In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant or individual.
(2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.
complainant, in relation to a representative complaint, means a class member.