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,
• in the case of section 31 reviews, requests that the Secretary or the person likely to be affected by the review provide relevant material, and
• in the case of section 31 reviews, request that the person likely to be affected by the review discuss the review, either by appearing before the Commission or discussion on the telephone.

The Commission may not require them to give evidence or produce documents.

Decision and statement of reasons to be served to appellant

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.

In the case of a section 31 review, the decision and statement of reasons must be served on:

• the applicant,
• ESO representative, or legal personal representative, or
• the person likely to by affected by the review.

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.