The Secretary has the power to place an obligation on a person in relation to service pension, veteran payment and ISS matters. An obligation can require a person to inform the Department of an event or change in circumstances that has occurred or is likely to occur.
Obligation to obtain a comparable foreign pension or payment
The Secretary can also place an obligation on a service pensioner, veteran payemnt or ISS recipient that requires them to take action to obtain a comparable foreign pension or payment if they may be entitled to one.
Delegation of Secretary's power to impose an obligation
The Secretary is able to delegate his powers to an officer or employee of the APS. This delegation must be in writing. A person who sends a notice to a person must have the Secretary's delegation to do so, and the notice must be signed by that person as Delegate of the Secretary.
Who can obligations be imposed upon?
Section 54(1) VEA - re a person who has lodged a claim for, or is in receipt of, SP or ISS, or a person receiving benefits under Division 12
Section 54(2) VEA - re a person receiving SP or ISS on behalf of a pensioner
A s54 obligations notice can only be imposed on:
- a recipient of service pension, veteran payment or ISS,
- a person who is receiving all or part of a service pension, veteran payment or ISS on behalf of another person, for that person's benefit (such as a trustee[glossary:),:]
- a person whose claim or application for service pension, veteran payment or ISS is being considered by the Commission or the Administrative Review Tribunal, and
- a person who is receiving fringe benefits or service pension treatment benefits.