7.3.3 Policy: an application is 'made' upon receipt by DVA or other relevant authority

For the purposes of S27(3), policy is that an application is 'made' when it is actually received by DVA or, if the application is given to Comcare or the ADF, when it is actually received by those bodies.

In most cases, a date stamp on the document, or its entry in a register, should be taken as best evidence of the date of receipt, however this presumption about date of receipt may be set aside by other evidence in the particular circumstances of the case.

References

• JPA 2001/13 : Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (October 2001)
• JPA 2001/04 : Claims for non-economic loss in respect of permanent impairments which occurred before 1 December 1988 (April 2001)
• Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 (No 144/2001), item 21, Part 4, Schedule 2 : Reversal of Schlenert entitlement to NEL
• Schlenert v Australian and Overseas Telecommunications Corporation (1994) 49 FCR 139 : Compensation for NEL in respect of 1930 and 1971 impairments