Reconsideration of Decisions

Reviewing compensation claims 
Claims may be from F111 workers previously rejected due to:
•    failing to meet a Tier definition, who are granted under new Tier 3 definition, or
•    insufficient evidence available to determine Tier classification, who are granted Tier 1, 2 or 3 under new statutory declaration rules

Can a primary liability delegate review a previous liability decision?
Section 347 of the MRCA allows for a review own motion, or review requested by client. These reviews must be made at the APS 6 level by a different delegate to the original decision maker. The client is not obligated to provide anything further (unless it is necessary as part of the investigation process) as it is a review own motion.

No Incapacity Found Cases
Previously rejected because of NIF – send review letter advising rejected again but if they can provide evidence of a diagnosis they should reclaim.

Reconsideration of decision-making process
An independent senior officer is to be appointed within the Department of Veterans' Affairs.  This person does not have any decision making powers but will be responsible for reviewing cases for claimants to ensure proper procedures have been followed and all reasonable avenues of assistance for the claimant have been explored.  Any cases being reviewed by the Ombudsman should also be referred to this officer for their review.  This officer can also talk to dissatisfied claimants before they seek the assistance of the Ombudsman.

The independent officer will be responsible for documenting their interactions with claimants and other  third parties and recording the same on the file.

If a person is not satisfied with how their application for Tier classification was determined, they can apply to the Commonwealth Ombudsman.  The Ombudsman will only consider the decision-making process undertaken and the information considered by the Department which resulted in the decision. The Ombudsman cannot review the decision itself.
Commonwealth Ombudsman

http://www.ombudsman.gov.au

Ph: 1300 362 072

Email: ombudsman@ombudsman.gov.au

Postal: GPO Box 442, CANBERRA ACT 2601