Chapter 5 - Notification of decisions and review rights
Purpose of this Chapter:
Veterans are to be notified of decisions of the Commission under this Scheme and if they are dissatisfied with any such decisions they may have them reviewed. This Chapter sets out those notification and review rights.
Notification of decision and review rights
5.1.1
As soon as practicable after the Commission makes a decision under this Scheme, the Commission must cause to be served on the veteran:(a) a copy of its decision; and
(b) particulars of the veteran's right to have the decision reviewed.
5.2. Review of decisions by the Repatriation Commission
5.2.1
A veteran who is dissatisfied with a decision of the Commission under:(a) section 115F of the Act; or
(b) this Scheme;
may apply to the Commission to review the decision.
5.2.2
An application for review of a decision must:(a) be made within 3 months after the veteran was notified of the decision in accordance with paragraph 5.1.1; and
(b) set out the grounds on which the request is made; and
(c) be in writing.
5.2.4
If an application for review of a decision is made in accordance with paragraph 5.2.1, the Commission must review the decision.
Delegate cannot review own decision
5.2.5
If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision.
The Commission's powers on review
5.2.6
If the Commission reviews a decision under this Scheme, the Commission must affirm the decision or set it aside.
5.2.7
If the Commission sets the decision aside it must substitute a new decision in accordance with this Scheme.
Notification of decisions upon review
5.2.8
As soon as practicable after the Commission makes a decision under paragraph 5.2.6 or 5.2.7, the Commission must cause to be served on the veteran:(a) a copy of its decision; and
(b) a statement of reasons for that decision; and
(c) particulars of the veteran's right to have the decision reviewed.
5.3 Review by the Administrative Appeals Tribunal
Application to the Administrative Appeals Tribunal
5.3.1
If the Commission has made a decision under paragraph 5.2.6 that affirms or sets aside and substitutes a decision, an application may be made to the Administrative Appeals Tribunal for a review of the decision of the Commission that was so affirmed or substituted.
5.3.2
A veteran's right to apply to the Tribunal under paragraph 5.3.1 is subject to section 29 of the Administrative Appeals Tribunal Act 1975.Note:
section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review, and among other things, requires an application to be in writing, in accordance with the approved form, setting out a statement of reasons for the application, and lodged with the Tribunal within the prescribed time.
Application of the Administrative Appeals Tribunal Act
5.3.3
Section 29 of the Administrative Appeals Tribunal Act 1975 applies to and in relation to an application to the Tribunal for a review of a decision of the Commission under this Scheme:(a) as if "ending 3 months" were substituted for "ending on the twenty-eighth day" in subsection (2) of that section; and
(b) as if at the end of subsection (7) there were added "until such date, being a date not more than 12 months after the date on which the document setting out the terms of the decision was furnished to the applicant, as the Tribunal deems fit".
Note:
The effect of this provision is that an application to the Tribunal must be made within 3 months of notification of the decision of the Commission, and the Tribunal may extend time to appeal up to 12 months after such notification, but not later.
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