Reconsideration of Decisions

Reviewing compensation claims under ss7(2) SRCA from F111 workers

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 62 of the SRCA 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.

Review of section 62 decision

A decision under section 62 is a "reviewable decision" under the Act and the claimant would have a right to go directly to the AAT. However, as a policy approach, letters could be carefully worded to allow the claimant to firstly request an internal review of the decision. This review would again be conducted under section 62 and would need to be done by a recons delegate at the APS 6 level.

Unlike the MRCA and VEA there are no provisions under the SRCA for an additional 'primary decision' on the basis of new evidence, there is also no way of amending a previous decision without it being officially done under Section 62 and giving the claimant appropriate review rights.

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 3 — rd 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