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
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
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
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
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
Income support pensions and payments
Section 57G VEA
Commonwealth Seniors Health Card (CSHC)
Section 118ZZ VEA
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.