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Applications for Review by the Administrative Appeals Tribunal (AAT)

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Application for review to the AAT

    

A person may apply to the AAT for a review of the reviewable decisions where the decision has been reviewed by the delegate of the Veterans Review Board (VRB).

Form of application to the AAT

Subsection 29(1) of the Administrative Appeals Tribunal Act 1975 states that the application to the Tribunal may be made in accordance with the prescribed form. While the word 'may' does allow for applications other than on the prescribed form, it is important that the wording of the request adequately conveys that an application for review by the AAT is being sought. The application to the Tribunal for review of a decision must:

Time limit for lodgement of application

    

The time allowed for lodging an application for review with the AAT is three months from the date the Commission's decision and statement of reasons following a review were served on the applicant. In order to meet the time limit, the AAT must receive the application for review within this time. Any application to the AAT incorrectly forwarded to DVA should immediately be sent to the AAT.

Applicant may request longer period in which to apply

If the three months has expired an applicant can still apply to the AAT for review, but no later than 12 months after the decision was furnished on the applicant. The AAT will then consult with the Repatriation Commission to see if it objects to an extension of time. If the other party to the review does not object, the review proceeds as normal. However, the earliest effective date may differ, if the application for review to the AAT is made out of time. The AAT in granting an application must look at both the reason for the delay and the merit of the application. The Commission rarely objects to the grant of an extension:

  • for review of decision under section 14 in the VEA[glossary:,:] the earliest effective date is six months before the date on which the application was made,
  • for a review of a decision under s15 of the VEA or claims for attendant allowance (s98 of the VEA) the earliest effective date is the date on which the application is lodged.

Administrative Appeals Tribunal.

 

 

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

 

 

Veterans' Entitlements Act 1986.

The purpose of attendant allowance is to assist an eligible Veterans, Members of the Forces, or a Member of a Peacekeeping Force with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.

To be eligible for attendant allowance the person must be in receipt of a Disability Pension for Incapacity for a war-caused or defence-caused injury or Disease that severely affects a persons' ability to care for themselves. Attendant allowance is payable at a higher or a lower rate depending on the type of Injury or disease accepted under the Veterans' Entitlements Act.