Commonwealth Numbered Acts

REPATRIATION LEGISLATION AMENDMENT ACT 1984 No. 97, 1984 - SECT 15

15. After section 87 of the Principal Act the following sections are inserted:
Claim for service pension, &c.

"88. A claim for service pension-

   (a)  shall be in accordance with a form approved by the Commission;

   (b)  shall be accompanied by such evidence available to the claimant as he
        considers may support his claim; and

   (c)  shall be made by forwarding the claim to the Secretary at any address
        of the Department, together with any evidence in support of his claim
        referred to in paragraph (b).

Duties of Commission in relation to service pensions

"89. It is the duty of the Commission, in relation to service pensions-

   (a)  in considering a claim for a service pension submitted to it, to
        satisfy itself with respect to, or to determine, as the case requires,
        all matters relevant to the determination of the claim; and

   (b)  to assess, from time to time, the rates of service pensions of service
        pensioners and their dependants, and determine the dates of
        commencement and cessation of those service pensions.

Investigation of claim by the Secretary

"90. (1) Where a claim for service pension is made in accordance with section
88, the Secretary shall cause an investigation to be made into the matters to
which the claim relates.

"(2) The Secretary shall, upon completion of his investigation in respect of a
claim, cause the claim to be submitted to the Commission for its consideration
and determination.

"(3) A claim submitted to the Commission under sub-section (2) shall be
accompanied by-

   (a)  any evidence furnished by the claimant in support of the claim; and

   (b)  any documents relevant to the claim under the control of the
        Department, including any evidence or documents relevant to the claim
        obtained in the course of the investigation of the claim under
        sub-section (1).

Determination of claim for service pension

"90A. (1) Where a claim for service pension is submitted to the Commission in
accordance with sub-section 90 (2), the Commission shall consider the claim
and, after consideration of all matters that, in the opinion of the
Commission, are relevant, including, but without limiting the generality of
the foregoing, the evidence and documents submitted with the claim in
accordance with sub-section 90 (3) and any further evidence subsequently
submitted to the Commission in support of the claim, shall determine the
claim.

"(2) Where a service pension is granted to a person under this section, the
Commission may, subject to this Act, approve payment of the pension from and
including a date not earlier than the date on which his claim for service
pension, in accordance with the form approved for the purposes of section 88,
was received at an address of the Department.

"(3) Where-

   (a)  a person makes a claim for a service pension in writing, but otherwise
        than in accordance with the form approved for the purposes of section
        88;

   (b)  the person subsequently makes a claim for the service pension in
        accordance with the form so approved-

        (i)    at a time when he had not been notified by the Department that
               it would be necessary for him to make his claim in accordance
               with the form so approved; or

        (ii)   within 3 months after he had been so notified; and

   (c)  a service pension is granted to the person under this section upon
        consideration of that claim in accordance with the form so approved,
        the Commission may, subject to this Act, approve payment of the
        service pension from and including a date not earlier than the date on
        which the claim referred to in paragraph (a) was received at an
        address of the Department. Withdrawal of claim for service pension,
        &c.

"90B. (1) A claimant for service pension may, at any time before his claim is
determined by the Commission, by notice in writing forwarded to the Secretary
at an address of the Department, withdraw his claim.

"(2) The withdrawal of a claim for service pension does not prevent the
claimant from subsequently making another claim for a service pension. Review
of decision, &c.

"90C. (1) Subject to sub-section (3), a claimant who is dissatisfied with-

   (a)  a decision of the Commission in respect of his claim for a service
        pension; or

   (b)  a decision of the Commission under section 98 cancelling or suspending
        a service pension or reducing the rate of a service pension, may,
        subject to sub-section (3), request the Commission, in writing, to
        review the decision, and, where a claimant duly makes such a request,
        the Commission shall review the decision or cause the decision to be
        reviewed by a person to whom the Commission has delegated its powers
        under this section (not being the person who made the decision).

"(2) The Commission, or a person to whom the Commission has delegated its
powers under this section, has, for the purposes of reviewing a decision under
sub-section (1), all the powers of the Board under section 107VV and, for the
purpose of the application of that section accordingly-

   (a)  a reference in that section to the Board shall be read as a reference
        to the Commission, or the person to whom the Commission has so
        delegated its powers, as the case requires;

   (b)  a reference in that section to the presiding member of the Board shall
        be read as a reference to the presiding member of the Commission or
        the person to whom the Commission has so delegated its powers, as the
        case requires; and

   (c)  a reference in that section to a review shall be read as a reference
        to a review under this section.



"(3) A request under sub-section (1) to review a decision of the Commission
may be made within 3 months after service on the person to whom the decision
relates of notice of the decision, but not otherwise.

"(4) Where the Commission reviews a decision under sub-section (1), the
Commission may affirm or set aside the decision and, if it sets aside the
decision, it shall make such other decision as it considers to be in
accordance with this Act.

"(5) Where the Commission makes a decision, in substitution for the decision
set aside, granting the claim for service pension or increasing the rate at
which service pension is to be payable, it may approve payment of service
pension, or payment of service pension at the increased rate, as from a date
not earlier than the date from which the Commission could have approved
payment of service pension, or service pension at the increased rate, if it
had made the substituted decision in place of the original decision.

"(6) In this section, 'decision' includes a determination and an assessment.
Reasons for decision to be given

"90D. (1) Where the Commission makes a decision upon a review of a decision
under section 90C, the Commission shall make a written record of its decision
together with a statement, in writing, setting out its findings on material
questions of fact, referring to the evidence or other material on which those
findings are based and giving its reasons for the decision.

"(2) As soon as practicable after the Commission makes a decision referred to
in sub-section (1), the Commission shall, subject to sub-section (3), cause to
be served on the claimant or other person to whom the decision relates, a copy
of its decision and of the statement relating to its decision made by it in
accordance with sub-section (1), together with particulars of any right of the
person on whom it is served to have the decision reviewed by the
Administrative Appeals Tribunal.

"(3) Where the statement prepared by the Commission in pursuance of
sub-section (1) upon the making of a decision referred to in that sub-section
contains or refers to any information, opinion or other matter-

   (a)  that, in the opinion of the Commission, is of a confidential nature;
        or

   (b)  that, in the opinion of the Commission, it might be prejudicial to the
        physical or mental health or well-being of the person on whom a copy
        of the statement is required to be served to communicate to him, the
        document served on him in pursuance of sub-section (2) shall not
        contain or refer to that information, opinion or other matter.

"(4) In this section, 'decision' includes a determination and an assessment.".