12.2.4 Requirements for Information Gathering
Requirements of a notice requesting information
Section 54A(3) VEA - notice requesting information relevant to the payment of pension
Section 54AA(4) VEA - notice requesting information, documents or an appearance before an officer
Section 128(1) VEA - notice requesting information from a third party
A notice requesting information from a person must be in writing and may be given personally or by post. The notice must specify:
- the manner in which the information or documents are to be provided,
- the time-frame within which the person has to supply the information or documents, and where applicable,
- the officer the person is to appear before, and
- when and where the person is to appear before the officer.
Time frame for response to a notice – service pension, veteran payment and ISS
Section 54A(4) VEA - time frame for providing information relevant to the payment of pension
Section 54AA(5) VEA - time frame for providing information, producing documents or appearing before an officer
Section 128(1) VEA - time frame for a third party to provide information
Section 128(2) VEA - time frame for a person indebted to the Commonwealth to provide information
The VEA states that a person must not be required to provide information, produce documents or appear before an officer to answer questions, within a period of less than 14 days after the notice is given. To achieve consistency with the notification period for section 54 recipient obligations, a notice requesting information from a service pension, veteran payment or ISS recipient or applicant will inform the person that they have 14 days from the day they are given the notice to provide the information. If the person lives overseas or receives remote area allowance, this period may be extended to 28 days from receipt of the notice. Under the provisions of the Evidence Act 1995, a period of 5 working days is allowed for delivery of a notice to the person.
Examples of time frames for response to a notice – service pension, veteran payment and ISS
The table below illustrates the different time frames required for response to a notice depending on the section under which the notice is issued.
If a notice is issued to a... | and the notice is issued under section... | Then the time frame for response will be... |
service pension, veteran payment or ISS recipient or applicant (including an agent or trustee) |
VEA ?
Section 54A VEA - requirement to give particular information relevant to the payment of pension Section 54AA VEA - requirement to give information, produce documents or appear before an officer Section 128 VEA - power of the Secretary to obtain information from a person (third party)
| 14 days from receipt of the notice (28 days if the person is living overseas or receiving Remote Area Allowance) |
third party regarding a service pension, veteran payment or ISS recipient or applicant | 14 days from day of receipt of the notice | |
disability compensation payment or war widow's/widower's pension recipient or applicant (including an agent or trustee) |
VEA ?
Section 127 VEA - power to obtain information Section 128 VEA - power of the Secretary to obtain information from a person (third party)
| 21 days from receipt of the notice |
third party regarding a disability compensation payment or war widows/widowers recipient or applicant | 21 days from receipt of the notice |
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/122-information-gathering-powers/1224-requirements-information-gathering