Actions in Respect of Veteran’s Affairs

1.     in relation to a claim for a qualifying service determination under section 35B; or

2.     in relation to a claim for a service pension or income support supplement; or

3.     in relation to a request under section 52Y (financial hardship);

may request the Commission to review the decision.

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision.

1.     cancelling or suspending a service pension or income support supplement; or

2.     terminating the suspension of a service pension or income support supplement; or

3.     reducing or increasing the rate of a service pension or income support supplement; or

4.     refusing a request for an increase in the rate of a service pension or income support supplement; or

5.     in relation to a request under section 52Y (financial hardship);

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision. may request the Commission to review the decision.

1.     section 45TE (approval of form); or

2.     section 45TG (approval of places and persons); or

3.     section 45TO (declaration of non-accruing membership); or

4.     paragraph 45UK(1)(b) (approval of form).

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision.

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision.

1.     be made within 3 months after the person seeking the review was notified of the decision; and

2.     be in writing; and

3.     set out the grounds on which the request is made; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

The person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision. When the Commission affirms or sets aside a decision under this section , the Commissioner must give the person a statement of that right with the decision.

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision.

1.     that a veteran’s death was war-caused;

2.     granting a pension under Part II in respect of the veteran, as from a date before the death of the veteran at a rate that is worked out under subsection 22(4) or section 24 or section 27; or

3.     increasing the rate of the pension granted to the veteran under Part II as from a date before the death of the veteran to a rate worked out under subsection 22(4) or section 24 or section 27,

application for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran may be made to the Commission within the period of 12 months after the date on which that decision was made. If, after the death of a veteran, the Commission gives an approval of a kind referred to in subsection 99(3) in relation to the veteran, application may be made to the Commission for the grant of a funeral benefit under section 99 in respect of the funeral of the veteran within 12 months after the date on which that approval was given.

1.     clothing allowance; or

2.     bereavement payment under section 98AA; or

3.     funeral benefits under section 99 or 100; or

4.     decoration allowance; or

5.     Victoria Cross allowance; or

6.     recreation transport allowance; or

7.     loss of earnings allowance;

may request the Commission to review the decision.

Such request shall set out particulars of the grounds on which the request is made, and be made within 3 months after service on the person to whom the decision relates of notice of the decision.

1.     in relation to a claim for a seniors health card; or

2.     that the person ceases to be entitled to a seniors health card.

1.     be made within 3 months after the person seeking review was notified of the decision; and

2.     set out the grounds on which the request is made; and

3.     be in writing; and

4.     be lodged at an office of the Department in Australia in accordance with section 5T.

When the Commission affirms or sets aside a decision under this section – if the person has a right to apply to the Administrative Appeals Tribunal for a review of the Commission’s decision— the Commissioner must give the person a statement of that right with the decision.

1.     claim for a pension in accordance with section 14;

2.     application for a pension (or increase) in accordance with section 15; or

3.     application for attendant allowance under section 98;

and is dissatisfied with the decision of the Commission under section 135(1) Veterans’ Entitlement Act 1986 (Cth) (including a decision under section 20 or 21, but not a decision under subsection 19A(1)), the person may make application to the Board to review the decision of the Commission.

OR Within 3 months after service on the person to whom the decision relates if the matters set out in the proviso to this section are being queried.

·  assessing a rate of pension or increased rate of pension;

·  refusing to grant a pension on the ground that the extent of the incapacity of the veteran is insufficient to justify the grant of a pension;

·  refusing to increase the rate of a pension;

·  reducing the rate of a pension; or

·  cancelling or suspending a pension, or fixing the date of re-commencement of a pension that has been suspended;

it must be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2). An application to the Board to review a decision of the Commission, refusing to grant an application for attendant allowance under section 98 must be made within a period of 3 months after service on the person of notice of the decision.

1.     revoking that decision; or

2.     revoking that decision and substituting a new decision; or

3.     varying that decision;

the veteran, or the dependant of a deceased veteran, as the case may be, affected by that further decision may make application to the Board for a review:

4.     of the further decision of the Commission revoking that previous decision; or

5.     of the new decision of the Commission that was substituted for that previous decision; or

6.     of that previous decision as varied by the further decision of the Commission.

OR Within 3 months after service on the person to whom the decision relates if the matters set out in the proviso to this section are being queried.

1.     assessing a rate of pension or increased rate of pension;

2.     refusing to grant a pension on the ground that the extent of the incapacity of the veteran is insufficient to justify the grant of a pension;

3.     refusing to increase the rate of a pension;

4.     reducing the rate of a pension; or

5.     cancelling or suspending a pension, or fixing the date of re-commencement of a pension that has been suspended;

it must be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2). An application to the Board to review a decision of the Commission, refusing to grant an application for attendant allowance under section 98 must be made within a period of 3 months after service on the person of notice of the decision.

1.     under subsection 31(6) cancelling or suspending, or decreasing the rate of, a pension or attendant allowance;

2.     under subsection 31(8) increasing the rate of a pension or attendant allowance; or

3.     under subsection 31(9) fixing the date of re-commencement of a pension or attendant allowance that has been suspended;

the veteran, or the dependant of a veteran, as the case may be, affected by that determination may make application to the Board for a review of that decision of the Commission to cancel or suspend that pension or attendant allowance, to decrease or increase the rate of that pension or attendant allowance or fixing the date of re-commencement of that pension or attendant allowance that has been suspended, as the case may be.

1.     assessing a rate of pension or increased rate of pension;

2.     refusing to grant a pension on the ground that the extent of the incapacity of the veteran is insufficient to justify the grant of a pension;

3.     refusing to increase the rate of a pension;

4.     reducing the rate of a pension; or

5.     cancelling or suspending a pension, or fixing the date of re-commencement of a pension that has been suspended;

it must be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2). An application to the Board to review a decision of the Commission, refusing to grant an application for attendant allowance under section 98 must be made within a period of 3 months after service on the person of notice of the decision.

OR In any other case – the application must be made within 3 months after the relevant documentary medical evidence was submitted to the Board.

1.     a person or organisation asks the Repatriation Medical Authority under section 196E to review:

1.    some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or

2.    its decision not to make a Statement of Principles in respect of a particular kind of injury, disease or death; and

2.     the Authority refuses under subsection 196C(4) to carry out an investigation in respect of that kind of injury, disease or death;

the person or organisation may, within 3 months, ask the Review Council to review the decision of the Authority not to carry out the investigation.

1.  state the grounds on which the review is sought; and

2.  be accompanied by any submission that the person or organisation wishes to submit in support of those grounds; and

3.   be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

Section 196ZO(5) Veterans’ Entitlement Act 1986 (Cth).

1.     be in writing;

2.     set out the grounds for the request; and

3.     be made to the Commission within 3 months after the day on which the person seeking reconsideration was notified of the decision.

If dissatisfied with Commission’s reconsideration, a person can seek review by applying to the Administrative Appeals Tribunal (see below).