12.7.14 Reconsiderations, reviews, and appeals

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. 

Reconsiderations, reviews or appeals of a DCP assessment under the VEA and/or a DRCA PI lump sum do not provide sufficient grounds for delegates to refuse to process a MRCA PI compensation claim.  This is notwithstanding the fact that the rate of VEA DCP or DRCA PI lump sum awarded might be increased (or decreased) with retrospective effect upon review by the VRB, the AAT or the Federal Court.

If a VEA DCP assessment, DRCA liability and/or compensation decision is retrospectively backdated upon review, it is open to another delegate to revisit a MRCA PI determination via section 347, providing the VRB and/or AAT have not made a decision relating to that MRCA PI determination.  If an overpayment has resulted, the delegate can recover it under section 415 of the MRCA.  Where a delegate is aware that a claimant has a VEA and/or DRCA conditions or related payments that are subject of a review, they should inform the claimant that if the amount of VEA DCP or DRCA PI lump sum payable is subsequently increased, they may be asked to repay any overpayment that results under the MRCA.