12.5.5 Overview of Reviews and Appeals for Veterans' Compensation Matters
From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT). Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ. Importantly, timeframes for appeals for veterans and provision of information etc. remain the same. Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART.
Application for review
A person who is dissatisfied with a decision made by a delegate of the Commission in relation to certain claims for a pension or reassessment of a rate of pension may apply for a review of that decision. This is referred to as a "right of review".
Requests for review by the Repatriation Commission
The VEA provides review procedures for veterans, eligible Defence personnel and widows who wish to appeal against decisions concerning:
a Disability Compensation Payment, war widow(er)'s pension or attendant allowance, or
- allowances and other benefits such as:
clothing allowance,
- funeral benefits,
decoration allowance,
Victoria Cross allowance,
recreation transport allowance,
temporary incapacity allowance, and
loss of earnings allowance.
For matters regarding Disability Compensation Payment, war widow(er)'s pension, or attendant allowance, section 31 VEA allows the Commission to intervene at its discretion to vary initial decisions where there are grounds for doing so. A claimant/applicant dissatisfied with a decision on Disability Compensation Payment, war widow(er)'s pension or attendance allowance may also seek a review under section 31. This review may be requested at the same time as making an application for review by the Veterans' Review Board [glossary:(:]VRB[glossary:):] (see below). The first level of review for supplementary benefits is to a delegate of the Repatriation Commission. Subsequent review is by the Administrative Appeals Tribunal.
Application for Review to the Veterans' Review Board (VRB)
In addition to a section 31 review applicants may seek review by the VRB which is an independent statutory body specifically established to review decisions of this kind.
Application for Review to the Administrative Appeals Tribunal (AAT)
If a review by the VRB on veterans' compensation issues does not resolve the matter the applicant has an option of an application for review to the Federal AAT. Applications for review may also be made to the AAT following review by the Commission for:
- clothing allowance;
- funeral benefits;
- decoration allowance;
- Victoria Cross allowance;
- recreation transport allowance; or
loss of earnings allowance.
Appeal to the Federal Court
Beyond the AAT, appeals can be made through the Federal Court system on issues of law. Either the applicant or the Commission may appeal to the Federal and High Courts if it considers that a decision made by the AAT is not in accordance with the VEA. The AAT can also refer matters on errors of law to the Federal Court (although this rarely occurs).
Freedom of Information
Under the Freedom of Information Act 1982 a person may seek access to information in documentary form in the possession of DVA, including those relating to a decision which adversely affects their interests (or has the potential to do so).
Source URL: https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1255-overview-reviews-and-appeals-veterans-compensation-matters