12.2.3 Using the Correct Information Gathering Powers

Summary of correct use of powers

The table below provides a summary of the correct use of information gathering powers under the VEA:

If the notice is issued to a...	and they are required to...	Then the following section of the VEA should be used...
recipient or applicant of service pension, veteran payment or ISS; or	provide information on a Departmental form	VEA?
recipient of benefits under Part IIIB Division 12	provide documents, information or appear before an employee of the Department	VEA?
recipient of Disability Compensation Payment recipient of war widow(er)'s pension applicant for attendant allowance or recreation transport allowance recipient of or applicant for treatment under Part V	provide information on a Departmental form	VEA?
person, including a person employed in or in connection with a Commonwealth, State or Territory Department a person indebted to the Commonwealth	Provide documents, information or appear before an office of the Department	VEA?

Examples of correct use of powers

The table below illustrates some examples of what section of the VEA can be used to gather information in certain situations:

If information is requested from a...	And...	Then the section of the VEA to be used is...
person receiving service pension and Disability Compensation Payment	service pension has been cancelled due to an overpayment	VEA? person no longer a service pensioner so 54A and 54AA do not apply. overpayment not related to Disability Compensation Payment so 127 does not apply.
war widow who is a service pensioner in her own right	income and asset details are required in respect of her service pension	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 VEA ? (go back)
person receiving service pension and Disability Compensation Payment, and treatment with respect to their disability pension	information is required regarding the person's treatment	VEA ? Section 127 VEA - power to obtain information Section 128 VEA - power of Secretary to obtain information from a person (third party) VEA ? (go back)

Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/122-information-gathering-powers/1223-using-correct-information-gathering-powers