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DVA's Obligations Towards Application to the Administrative Appeals Tribunal (AAT)

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Forwarding applications to Administrative Appeals Tribunal

If an application to the AAT is incorrectly forwarded to DVA, the Department must:

  • forward the application immediately to the AAT, and
  • advise the applicant of this action.

The advice to the applicant should stress that DVA, in forwarding the application, is acting to assist the applicant and is not an agent of the AAT. Prompt action is vital, as the time limit for lodging an application with the AAT is calculated using the date the application is received by the AAT, not DVA.    

 

Provision of documents to the Administrative Appeals Tribunal (AAT)

When a person lodges an application for review of a decision, the Commission is required by section 37 of the Administrative Appeals Tribunal Act 1975 to provide the Tribunal with documents which contain:

  • a statement setting out the findings on material questions of fact, referring to:
  • the evidence or other material on which those findings were based, and
  • giving the reasons for the decision, and
  • any other documents or part of a document that is in the possession or under the control of the Commission, and is relevant to the review of the decision by the AAT.
Time limit for provision of documents

Section 37 of the Administrative Appeals Tribunal Act 1975 stipulates that the time limit for provision of documents to the AAT is:

  • 28 days after receipt of the Tribunal's request, or
  • less if the AAT requires.

Unless other arrangements have been made, the provision of documents in qualifying service and service pensions matters are handled by the Review teams in the State Offices.
 

 

Administrative Appeals Tribunal.

 

 

The Department of Veterans' Affairs.

Administrative Appeals Tribunal.

 

 

The Department of Veterans' Affairs.

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

 

 

Qualifying service is one of the criteria used to determine eligibility for certain benefits under the Veterans' Entitlements Act 1986. Refer to section 7A of the VEA for the full defintion.

 

 

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.