Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 354

  (1)   An application may be made to the Tribunal for review of a reviewable determination.

Note:   Item   2 of the table in section   355 sets out who may make the application.

  (1A)   The Administrative Appeals Tribunal Act 1975 applies to an application for review of a reviewable determination by the Board under Part   4 as if references in section   37 of that Act to the person who made the decision the subject of the application were instead references to whichever of the Commission or the Chief of the Defence Force made the original determination.

Note:   Section   37 of the Administrative Appeals Tribunal Act 1975 applies normally in respect of other kinds of reviewable determinations.

  (1B)   If:

  (a)   a person applies to the Tribunal for review of a decision (the reviewable decision ) that is a reviewable determination made by the Board; and

  (b)   that reviewable determination is a determination affirming an original determination made by the Commission; and

  (c)   in the course of the review by the Tribunal, the person provides to the Tribunal a document relevant to the review; and

  (d)   the Tribunal is satisfied that, at the time when the Board made the reviewable determination, the Board did not have the document and the person could have provided the document to the Board without unreasonable expense or inconvenience; and

  (e)   the Tribunal is satisfied that, if the Board had the document at the time when the Board made the reviewable determination, the Board would have made a determination more favourable to the claimant than the reviewable determination;

then section   42D of the Administrative Appeals Tribunal Act 1975 applies in relation to the review by the Tribunal of the reviewable decision as if references in that section to the person who made the decision were instead references to the Commission.

  (1C)   If, under subsection   42D(1) of the Administrative Appeals Tribunal Act 1975 (as modified by subsection   (1B) of this section), the Tribunal remits the reviewable decision to the Commission for reconsideration of that decision by the Commission:

  (a)   subsections   42D(2), (5), (6) and (7) of that Act do not apply in relation to that remittal; and

  (b)   the Commission must reconsider that decision, and do one of the following things, within the period of 28 days beginning on the day on which that decision was remitted to the Commission:

  (i)   affirm that decision;

  (ii)   vary that decision;

  (iii)   set aside that decision and make a new decision in substitution for the decision set aside; and

  (c)   if the Commission has not reconsidered that decision, and done one of those things, within that 28 - day period, the Commission is taken to have affirmed that decision; and

  (d)   subsections   42D(3), (4) and (8) of that Act apply in relation to that remittal.

Note:   Section   42D of the Administrative Appeals Tribunal Act 1975 applies normally in respect of other kinds of reviewable determinations.

  (2)   An application may be made to the Tribunal for review of:

  (a)   a determination under subsection   50(1), 52(1), 329(1) or 397; or

  (b)   a failure to make a determination under subsection   50(3), 52(3), 329(3) or 397.