You are here
Processing Requests for Review
Gathering evidence for the purpose of review
In reviewing a decision, the Commission or its delegate or an authorised person may, although it is rarely done:
- summon a person to appear at a hearing of the review to give evidence and to produce necessary documents,
- require a person appearing at a hearing of the review for the purpose of giving evidence either to take an oath or to make an affirmation,
- administer an oath or affirmation to the person appearing.
Decision and statement of reasons to be served to appellant
For income support reviews, decision and statement of reasons must be served on:
- the person who requested the review, or,
- their legal personal representative or their ESO representative.
That person must also be advised of their right to review by the AAT if appeal rights to the Tribunal are available. An employee of the Department, in writing, will make this service and notification.
Statement of reasons to exclude confidential information
In providing a statement of reasons to an applicant, DVA must ensure that it does not contain information that, in the opinion of the Commission:
- is of a confidential nature, or
- might, if communicated to the person who requested the review, be prejudicial to their physical or mental health or well-being.
Information will also be classified as confidential if its author and the Commission agree on its confidentiality.
Example of confidential information that would be excluded
Information of a medical or psychiatric nature may be withheld from the patient because it may affect the well being of the person. Access to the document(s) may be given instead to a medical practitioner nominated by the person making the request. The Determining Officer who reviews the case makes the decision regarding the nature and extent of access to such information.
Withdrawal of a request for review
A request for review of a decision relating to income support pension and payment or CSHC, may be withdrawn, in writing, at any time prior to determination. Withdrawal of the request does not prevent a person making another request for review of the original decision, provided the subsequent request is received in writing within the original three (3) month limit.
Expenses incurred by appellant
The Commission may pay for expenses incurred in the production of certificates, reports or other documents from a medical practitioner, a hospital or similar institution where the person had received medical treatment in cases where, following review of a decision, the Determining Officer:
- grants a claim for a qualifying service determination, a service pension or income support supplement; or
- grants veteran payment; or
- sets aside a decision to cancel or suspend a service pension, veteran payment or income support supplement.
Travelling expenses incurred by appellant
An appellant may claim travel expenses incurred when summoned to attend to give evidence in relation to a review of a decision. An attendant who travels in Australia for the purpose of accompanying the above person is also entitled to reimbursement for travelling expenses.
Power of Commission to Gather Evidence
Section 57F VEA
Person to be notified of decision - Service Pension and ISS
Section 57E VEA
Person to be notified of decision - CSHC
Section 118ZX VEA
Reasons for decision to be given - Section 31 Reviews
Section 34 VEA
Exclusion of confidential information - service pension and ISS
Section 57E(2) VEA
Exclusion of confidential information - CSHC
Section 118ZX(2) VEA
Reasons for decision to be given - Section 31 review
Section 34(3) VEA
Income support pensions and payments
Section 57G VEA
Commonwealth Seniors Health Card (CSHC)
Section 118ZZ VEA
According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.
A Delegate of the Commission is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA.
Administrative Appeals Tribunal.
The Department of Veterans' Affairs.
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS at a concessional rate and seniors supplement.
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.