You are here

Processing Requests for Review

Document
Gathering evidence for the purpose of review

    

VEA ?

Commission may take evidence

Section 32 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,
  • in the case of section 31 reviews, requests that the Secretary or the person likely to be affected by the review provide relevant material, and
  • in the case of section 31 reviews, request that the person likely to be affected by the review discuss the review, either by appearing before the Commission or discussion on the telephone.

The Commission may not require them to give evidence or produce documents.

Decision and statement of reasons to be served to appellant

    

VEA ?

Reasons for decision to be given - Section 31 Reviews

Section 34 VEA

VEA ? (go back)

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.

In the case of a section 31 review, the decision and statement of reasons must be served on:

  • the applicant,
  • ESO representative, or legal personal representative, or
  • the person likely to by affected by the review.
Statement of reasons to exclude confidential information

    

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.


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.