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Applications for Review
Date claimant notified of Commission decision
A person is taken to have been notified of a decision by the Commission when a properly addressed, pre-paid post and posted, letter advising of the decision has been delivered to the claimant. It would be reasonable to allow five working days for delivery of this letter as set out in section 163 of the Evidence Act 1995.
Date of lodgment of application for review
The date of lodgment of an application for review is the date on which the request is received at an office of DVA or an office approved by Commission, or by an officer of the Department in the course of duty away from the office.
In the absence of evidence of the date of receipt, it will be deemed to have been received on the day it would ordinarily have been delivered if posted:
- from the address, and
- on the postmarked date shown on the envelope.
If this information is illegible, the date on the letter itself is used.
Late request for a review
If a person requests a review after the allowable three months period, the person must be advised that the time to apply for a review of the decision has expired and possible options available.