Commonwealth Numbered Acts

REPATRIATION LEGISLATION AMENDMENT ACT 1984 No. 97, 1984 - SECT 45

45. Part IV of the Principal Act is repealed and the following Parts are
substituted:

"PART IV-REVIEW OF CERTAIN DECISIONS BY VETERANS' REVIEW BOARD Interpretation

"34. In this Part, unless the contrary intention appears-
'decision', in relation to the Commission or a Pensions Committee, means a
decision of, or a determination or assessment made by, the Commission or
Pensions Committee, as the case may be;
'reviewable decision'-

   (a)  in relation to the Commission, means a decision of the Commission
        under section 6, 19, 20, 21 or 22A, sub-section 23 (3), sub-section 27
        (2) or section 30, 31, 53, 53A or 55; and

   (b)  in relation to a Pensions Committee-any decision of a Pensions
        Committee.

Application for review

"35. (1) Where a person who is affected by a reviewable decision of the
Commission or a Pensions Committee is dissatisfied with the decision, the
person may make application to the Board for a review of the decision of the
Commission or Pensions Committee, as the case may be.

"(2) Subject to sub-section (3), an application under sub-section (1) to the
Board to review a reviewable decision of the Commission or a Pensions
Committee, being a decision relating in whole or in part to a prescribed
matter within the meaning of section 8A, may be made within 12 months after
service on the person to whom the decision relates of a copy of that decision
in accordance with sub-section 8A (2), but not otherwise.

"(3) An application under sub-section (1) to the Board to review a reviewable
decision of the Commission or a Pensions Committee assessing a rate of pension
or increased rate of pension may be made within 3 months after service on the
person to whom the decision relates of a copy of that decision in accordance
with sub-section 8A (2), but not otherwise. Decision of the Board

"36. (1) On a review, the Board shall have regard to the evidence that was
before the Commission or Pensions Committee when it made the decision the
subject of the review and to any further evidence before the Board on the
review that was not before the Commission or Pensions Committee but would have
been relevant to the making of the decision by the Commission or Pensions
Committee, as the case may be.

"(2) It is the duty of the Board, in reviewing a decision of the Commission or
a Pensions Committee, to satisfy itself with respect to, or to determine, as
the case requires, all matters relevant to that review.

"(3) On the completion of its consideration of a review of a decision, the
Board shall-

   (a)  if it is satisfied that the decision the subject of the review is not
        the decision that the Board would have made if it had dealt with the
        matter in the first instance-set aside that decision and substitute
        for that decision such decision as the Board considers to be in
        accordance with this Act; or

   (b)  if it is not so satisfied-affirm the decision the subject of the
        review.



"(4) Where the Board sets aside a decision of the Commission or a Pensions
Committee, the Board has, for the purposes of making a decision in
substitution for the decision so set aside, all the powers and discretions
that are conferred on the Commission or Pensions Committee, as the case may
be. Application of certain provisions of Part IIIA of Repatriation Act

"37. (1) Part IIIA (other than section 107VC, sub-section 107VF (1), section
107VG and sub-section 107VJ (2)) of the Repatriation Act 1920 applies to, and
in relation to, an application under section 35 of this Act as if the
application were an application under Part IIIA of the Repatriation Act 1920 .

"(2) For the purpose of the application, by virtue of sub-section (1), of
provisions of Part IIIA of the Repatriation Act 1920-

   (a)  a reference in those provisions to the Commission shall be read as
        including a reference to a Pensions Committee;

   (b)  a reference in those provisions to a pension shall be read as a
        reference to a pension under this Act;

   (c)  a reference in those provisions to the powers and functions of the
        Board under the Repatriation Act 1920 shall be read as a reference to
        the powers and functions of the Board under the provisions of that Act
        that apply to an application under section 35 of this Act by virtue of
        sub-section (1) of this section;

   (d)  a reference in those provisions to a decision in accordance with the
        Repatriation Act 1920 shall be read as a reference to a decision in
        accordance with this Act;

   (e)  a reference in those provisions to a decision of a Pensions Committee
        (by virtue of the application of paragraph (a)) shall be read as
        including a reference to a determination of a Pensions Committee and
        an assessment made by a Pensions Committee;

   (f)  a reference in those provisions to sub-section 107VC (1) or (2) of the
Repatriation Act 1920 shall be read as a reference to sub-section 35 (1) of
this Act;

   (g)  a reference in those provisions to a review under section 31 of the
        Repatriation Act 1920 shall be read as a reference to a review under
        section  55 of this Act;

   (h)  a reference in those provisions to an application under sub-section 26
        (1) of the Repatriation Act 1920 shall be read as a reference to a
        claim under sub-section 26AA (1) of this Act;

   (j)  a reference in those provisions to a decision to which sub-section
        107VC (4) of the Repatriation Act 1920 applies shall be read as a
        reference to a decision-

        (i)    assessing a rate of pension or increased rate of pension;

        (ii)   refusing to grant a pension on the ground that the extent of
               the incapacity of the Australian mariner is insufficient to
               justify the grant of a pension;

        (iii)  refusing to increase the rate of a pension; or

        (iv)   reducing the rate of a pension;

   (k)  a reference in those provisions to Part IIIA of the Repatriation Act 
        1920 shall be read as a reference to the provisions of Part IIIA of
        that Act that apply to an application under section 35 of this Act by
        virtue of sub-section (1) of this section; and

   (m)  a reference in those provisions to an application under Part IIIA of
        the
Repatriation Act 1920 shall be read as a reference to an application under
section 35 of this Act.



"PART V-REVIEW OF DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL Interpretation

"38. In this Part, unless the contrary intention appears-
'decision'-

   (a)  in relation to the Board, includes a determination or assessment made
        by the Board; and

   (b)  in relation to the Commission or a Pensions Committee, includes a
        determination or assessment made by the Commission or Pensions
        Committee, as the case may be;
'reviewable decision' means a decision in respect of which application may be
made to the Administrative Appeals Tribunal under section 39.

Application for review

"39. Where a decision of the Commission or a Pensions Committee has been
reviewed by the Board and affirmed or set aside, then, subject to section 29
of the Administrative Appeals Tribunal Act 1975, application may be made to
the Administrative Appeals Tribunal for a review-

   (a)  of the decision that was so affirmed; or

   (b)  of the decision made by the Board in substitution for the decision so
        set aside, as the case may be. Application of certain provisions of
        Part IIIB of Repatriation Act

"40. (1) Part IIIB (other than sections 107VZV, 107VZW and 107VZX) of the
Repatriation Act 1920 applies to, and in relation to, an application under
section 39 of this Act as if the application were an application under Part
IIIB of the Repatriation Act 1920.

"(2) For the purpose of the application, by virtue of sub-section (1), of the
provisions of Part IIIB of the Repatriation Act 1920-

   (a)  a reference in those provisions to a reviewable decision shall be read
        as a reference to a reviewable decision as defined by section 38 of
        this Act;

   (b)  a reference in those provisions to a pension shall be read as a
        reference to a pension under this Act;

   (c)  a reference in those provisions to the Commission shall be read as
        including a reference to a Pensions Committee; and

   (d)  the provisions of sub-section 107VZY (2) of the Repatriation Act 1920
relating to service pensions shall be disregarded.

Application of Administrative Appeals Tribunal Act

"41. (1) The Administrative Appeals Tribunal Act 1975 applies in relation to
reviewable decisions as if paragraph 25 (3) (a) of that Act were omitted.

"(2) For the purposes of the application of section 27 of the Administrative 
Appeals Tribunal Act 1975 to and in relation to reviewable decisions, the
Commission shall be taken to be a person whose interests are affected by a
decision of the Board to set aside a decision of the Commission or a Pensions
Committee made under this Act and by the decision of the Board in substitution
for the decision so set aside.

"(3) Section 28 of the Administrative Appeals Tribunal Act 1975 does not apply
to or in relation to a person whose interests are affected by a reviewable
decision if the person has been served with a copy of that decision and with
the statement related to that decision in accordance with sub-section 8A (2)
of this Act.

"(4) Section 29 of the Administrative Appeals Tribunal Act 1975 applies to and
in relation to an application to the Administrative Appeals Tribunal for a
review of a reviewable decision-

   (a)  as if 'ending 3 months' were substituted for 'ending on the
        twenty-eighth day' in sub-section (2) of that section; and

   (b)  as if at the end of sub-section (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'.



"(5) Section 30 of the Administrative Appeals Tribunal Act 1975 applies to a
proceeding before the Administrative Appeals Tribunal for a review of a
reviewable decision as if paragraphs (1) (a) and (b) were omitted.

"(6) Subject to section 30 of the Administrative Appeals Tribunal Act 1975 in
its application in accordance with sub-section (5) of this section, the
parties to a proceeding before the Administrative Appeals Tribunal for a
review of a reviewable decision are-

   (a)  if the person who has duly applied for a review of the decision is a
        person other than the Commission-

        (i)    the person who has so applied; and

        (ii)   the Commission; or

   (b)  in any other case-

        (i)    the Commission; and

        (ii)   the Australian mariner, or dependant of an Australian mariner
               or deceased Australian mariner, affected by that decision.".