3.5.6 Reasons for decision

Section 346 of the MRCA requires notification of the original determination in a manner that provides the terms of the determination and the reasons for the determination.  Such notification should also contain a statement advising of review options.  If dissatisfied with any aspect(s) of the determination the client has 12 months from the date of the letter in which to apply for a review. 

DVA will screen all requests for review upon receipt and will notify them (and their representative if relevant) once this has occurred.  At this point the client will be given an indicative timeframe for completion of the review.  Details of the appeal process, including applicable timeframes, and how to provide feedback to DVA or an external organisation can be downloaded via: www.dva.gov.au/appeals.  Whether accepting or rejecting a claim, every liability decision must contain a clear rationale.

A good decision is a transparent decision.  It must be direct and to the point, but nonetheless open to scrutiny.  All stakeholders should be able understand the evidence and outcome.

Where there is a requirement to assess and weigh the evidence, it is important to provide an explanation of findings or why certain evidence is preferred.  If accepting a claim, the relationship between the condition for which liability has been accepted and the person's Defence service should be clear.

As a general rule the reasons should refer to the condition claimed, contention, diagnosis, evidence considered, standard of proof applied, and why the injury, disease or death is or is not related to service.  All administrative decision makers are charged with making a lawful and justifiable decision on the merits of the case.  This also applies to reconsiderations and any other subsequent review.

Delegate Note – 

2025 INTRODUCTION OF SINGLE REVIEW PATHWAY

Most MRCA compensation and rehabilitation determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB), via VRB lodgement channels, rather than to DVA. DVA has 28 days to prepare the report for the VRB under section 352D of the MRCA. The Commission continues to have the discretion to initiate a reconsideration of own motion.

Determinations made before 21 April 2025 should be appealed via previous pathways. Claimants can confirm the review pathway relevant to their claim by checking the determination letter. More information is available at dva.gov.au/single-review-pathway or vrb.gov.au