Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 347

Commission or Chief of the Defence Force initiating reconsideration of original determinations

  (1)   The Commission may, on its own initiative, reconsider an original determination made by the Commission.

  (2)   The Chief of the Defence Force may, on his or her own initiative, reconsider an original determination made by the Chief of the Defence Force.

  (3)   If the Commission or the Chief of the Defence Force reconsiders an original determination under subsection   (1) or (2), the Commission or the Chief of the Defence Force may make a determination revoking, confirming or varying the original determination.

  (4)   The Commission or the Chief of the Defence Force must ensure that, if the original determination was made by a delegate and reconsideration of the determination is also to be made by a delegate, the reconsideration is done by a delegate who was not involved in making the original determination.

  (5)   The Commission or the Chief of the Defence Force must not reconsider an original determination under subsection   (1) or (2) if the Tribunal has made a determination in proceedings under Part   5 for review of a reviewable determination made in relation to that original determination.

  (6)   The Commission or the Chief of the Defence Force must not reconsider an original determination under subsection   (1) or (2) if the Board has made a determination in proceedings under Part   4 for review of that determination.


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