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Processing Requests for Review

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Gathering evidence for the purpose of review

    

VEA →

 

Power of Commission to Gather Evidence

Section 57F VEA

VEA → (go back)

 

In reviewing a decision, the Commission or its delegate or an authorised person may, although it is rarely done:

  • summon a person to appear at a hearing of the review to give evidence and to produce necessary documents,
  • require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation,
  • administer an oath or affirmation to the person appearing.
Decision and statement of reasons to be served to appellant

    

VEA →

 

 

Person to be notified of decision - Service Pension and ISS

Section 57E VEA

 

Person to be notified of decision - CSHC

Section 118ZX VEA

 

Reasons for decision to be given - Section 31 Reviews

Section 34 VEA

VEA → (go back)

 

For income support reviews, decision and statement of reasons must be served on:

  • the person who requested the review, or,
  • their legal personal representative or their ESO representative.

That person must also be advised of their right to review by the AAT if appeal rights to the Tribunal are available. An employee of the Department, in writing, will make this service and notification.

Statement of reasons to exclude confidential information

    

VEA →

 

 

Exclusion of confidential information - service pension and ISS

Section 57E(2) VEA

 

Exclusion of confidential information - CSHC

Section 118ZX(2) VEA

 

Reasons for decision to be given - Section 31 review

Section 34(3) VEA

VEA → (go back)

 

In providing a statement of reasons to an applicant, DVA must ensure that it does not contain information that, in the opinion of the Commission:

  • is of a confidential nature, or
  • might, if communicated to the person who requested the review, be prejudicial to their physical or mental health or well-being.

Information will also be classified as confidential if its author and the Commission agree on its confidentiality.

Example of confidential information that would be excluded

Information of a medical or psychiatric nature may be withheld from the patient because it may affect the well being of the person. Access to the document(s) may be given instead to a medical practitioner nominated by the person making the request. The Determining Officer who reviews the case makes the decision regarding the nature and extent of access to such information.

Withdrawal of a request for review

    

VEA →

 

 

Income support pensions

Section 57G VEA

Commonwealth Seniors Health Card (CSHC)

Section 118ZZ VEA

VEA → (go back)

 

A request for review of a decision relating to income support pension or CSHC, may be withdrawn, in writing, at any time prior to determination. Withdrawal of the request does not prevent a person making another request for review of the original decision, provided the subsequent request is received in writing within the original three (3) month limit.

Expenses incurred by appellant

    

 

The Commission may pay for expenses incurred in the production of certificates, reports or other documents from a medical practitioner, a hospital or similar institution where the person had received medical treatment in cases where, following review of a decision, the Determining Officer:

Travelling expenses incurred by appellant

    

 

An appellant may claim travel expenses incurred when summoned to attend to give evidence in relation to a review of a decision. An attendant who travels in Australia for the purpose of accompanying the above person is also entitled to reimbursement for travelling expenses.

 


 

 

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

A Delegate of the Commission  is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under theVEA.

 

 

Administrative Appeals Tribunal.

 

 

The Department of Veterans' Affairs.

The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS at a concessional rate and seniors supplement.

 

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.

ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.