DATE OF ISSUE: 1 December 1998
REVISED FRAMEWORK FOR PROCESSING OF VETERANS' REVIEW BOARD APPLICATIONS
BackgroundDepartmental Instruction C17/98 of 4/3/98 outlined the procedures to be followed in giving effect to the Commission's policy on the use of section 31 review powers. Attached to the Dl were a series of letters which were to be used to acknowledge receipt of applications for section 31 or VRB review (letters 1(a) to 1(d)), and to advise applicants of the outcome of consideration by the Departmental Review Officer (DRO) of their application (letters 1(g), 2(a) and 2(b)).
These letters have attracted a degree of criticism from ESOs and appear to have led to some confusion about the entire process. At the joint DVA/ESO Claims Workshop in June this year, a group called the Operational Working Party was set up to, among other things, review the letters and procedures for their use. After detailed consultation the attached replacements have been agreed.
Action proposedChanges to Current Procedures
Under procedures outlined in Dl C17/98, applications were acknowledged using standard letters 1(a) to 1(d). The case was then sent to a DRO for screening and, in the event that the DRO declined to intervene, letter 1 (g) was sent. Use of the revised letters eliminates the need for separate acknowledgment and DRO advice letters.
In future, the DRO is to select and send whichever of the attached advice letters is appropriate after the case has been screened. The variables contained in the letters will cover the usual range of circumstances pertaining to these applications.
Implementation/Implementation
Contact
These arrangements are to start as soon as possible. Any modification to the letters to suit local circumstances should not be made without consultation with the local VRB Registrar, unless the changes are minor.
W.R. MAXWELL
Branch Head
Disability Compensation
0 |
Commonwealth Department of Veterans' Affairs |
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Contact |
Marie-Louise Albani {+FileState,U}}+FileNumber,U} |
Reference |
280 Elizabeth Street Surry Hills NSW POSTAL ADDRESS GPO Box 3994 Sydney NSW 1141 Telephone:(02) 9213 7777 Country Calls:1800 113 304 Facsimile:(02) 9213 7588 |
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Telephone |
(02) 9213 7161 |
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12 November 1998 |
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{+Salutation,I},
THIS LETTER IS ABOUT YOUR REQUEST FOR A REVIEW
I refer to your letter dated {Date of letter‖Enter date of receipt of letter:,M} seeking a section 31 review of the decision of a Delegate of the Repatriation Commission on {Date decision‖Enter date of Delegate's decision:,M}.
The matter at issue for my consideration is {Matter‖Enter matter at issue for consideration:,M}.
When considering your case I have had regard to the information in your Departmental files, including the evidence available to the original decision maker together with any additional evidence submitted. Having considered all the issues in your case I am satisfied that there are no grounds to intervene and vary the decision under section 31 of the Veterans' Entitlements Act 1986.
My reason is {Reason‖Enter reason for not conducting review:,M}.
Please note that the Act provides no right of appeal against my refusal to vary the original decision. As you only requested a 'section 31 review' (an internal Departmental review), your case cannot proceed to the Veterans' Review Board (VRB) for consideration unless you lodge a formal application within the time limits specified in the original decision.
< >>
If you wish to lodge an application to the VRB, you must apply in writing to the Department of Veterans' Affairs. You should discuss this with your representative. If a valid VRB application is submitted within the time limit, the Department will prepare a report of the relevant evidence for the VRB and a copy will be forwarded to you and your representative.
OR
You have not lodged an application for review to the VRB within the time limits specified in the original decision therefore you may now only pursue this matter by lodging {a new disability claim or an application for increase in disability pension}. The relevant form is available on request.
A copy of this letter has been sent to your nominated representative.
If I can be of any other assistance please contact me on telephone 9213 7161 or 1800 113 304 extension 7161 for country callers.
Yours sincerely
Marie-Louise Albani
Review Officer
Delegate of the Repatriation Commission
0 |
Commonwealth Department of Veterans' Affairs |
||||||
Contact |
Marie-Louise Albani {+FileState,U}}+FileNumber,U} |
Reference |
NSW STATE OFFICE 280 Elizabeth Street Surry Hills NSW POSTAL ADDRESS GPO Box 3994 Sydney NSW 1141 Telephone:(02) 9213 7777 Country Calls:1800 113 304 Facsimile:(02) 9213 7588 |
||||
Telephone |
(02) 9213 7161 |
||||||
{+AddressBlock,1} |
|||||||
12 November 1998 |
|||||||
{+Salutation,I},
THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW
I refer to your application dated {Date of letter‖Enter date of receipt of letter:,M} seeking a review of the decision of a Delegate of the Repatriation Commission on {Date decision/Enter date of Delegate's decision:,M} .
The matter at issue for my consideration is {Matter‖Enter matter at issue for consideration:,M} .
In accordance with current Repatriation Commission policy, all applications for review are first considered by a Departmental Review Officer (DRO) prior to referral to the Veterans' Review Board (VRB). When possible, a DRO may finalise an application without the case having to go to the VRB. The Review Officer can change the original decision by use of section 31 of the Veterans' Entitlements Act 1986 if satisfied there are reasons to do so.
When considering your case I have had regard to the information in your Departmental files, including the evidence available to the original decision maker together with any additional evidence submitted. Having considered all the issues in your case I am satisfied that there are no grounds to intervene and vary the decision under section 31 of the Act.
My reason is {Reason‖Enter reason for not conducting review:,M}.
< >>
The Department will now prepare a report of your case for the VRB and a copy will be forwarded to you and your representative as soon as it has been prepared. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission. The VRB staff will write to you after they receive the report from us. Until you receive the report, would you please ring this Department if you have any enquiries.
After you receive the report, please take the time to consider whether any additional information might assist your case and, if so, what type of information is needed. In this situation, you may make a further approach to the DRO before the VRB hearing is arranged. Please discuss your report with your representative if necessary.
OR
The Department will now include these additional papers in the report of your case for the VRB and a copy of this will be forwarded to you and your representative shortly. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission. The VRB staff will write 'to you after they receive the additional report from us. Until you receive, the additional report, would you please ring this Department if you have any enquiries.
If I can be of any other assistance please contact me on telephone 9213 7161 or 1800 113 304 extension 7161 for country callers.
Yours sincerely
Marie-Louise Albani
Review Officer
Delegate of the Repatriation Commission
0 |
Commonwealth Department of Veterans' Affairs |
||||||
Contact |
Marie-Louise Albani {+FileState,U}}+FileNumber,U} |
Reference |
NSW STATE OFFICE 280 Elizabeth Street Surry Hills NSW POSTAL ADDRESS GPO Box 3994 Sydney NSW 1141 Telephone:(02) 9213 7777 Country Calls:1800 113 304 Facsimile:(02) 9213 7588 |
||||
Telephone |
(02) 9213 7161 |
||||||
{+AddressBlock,1} |
|||||||
12 November 1998 |
|||||||
{+Salutation,I},
THIS LETTER IS ABOUT YOUR REQUEST FOR A REVIEW
I refer to your letter dated {Date of letter‖Enter date of receipt of letter:,M} seeking a section 31 review of the decision of a Delegate of the Repatriation Commission on {Date decisionlEnter date of Delegate's decision:,M}.
The matter at issue for my consideration is {Matter‖Enter matter at issue for consideration: ,M} .
When considering your case I have had regard to the information in your Departmental files, including the evidence available to the original decision maker together with any additional evidence submitted. Having considered all the issues in your case I am satisfied that there are no grounds to intervene and vary the decision under section 31 of the Veterans' Entitlements Act 1986.
My reason is {Reason‖Enter reason for not conducting review:,M}.
Please note that the Act provides no right of appeal against my refusal to vary the original decision. As you only requested a 'section 31 review' (an internal Departmental review), your case cannot proceed to the Veterans' Review Board (VRB) for consideration, unless you lodge a formal application within the time limits specified in the original decision.
< >>
If you wish to lodge an application to the VRB, you must apply in writing to the Department of Veterans' Affairs. If a valid VRB application is submitted within the time limit, the Department will prepare a report of the relevant evidence for the VRB and a copy will be forwarded to you.
OR
You have not lodged an application for review to the VRB within the time limits specified in the original decision therefore you may now pursue this matter only by lodging {a new disability claim or an application for increase in disability pension}. The relevant form is available on request.
I note that you do not have someone assisting you with your case. You may wish to contact a representative from one of the organisations which provides advocacy services and/or represents veterans, members of the defence forces or their widows and dependants. Details of major organisations providing this type of assistance are attached for your information. Their representatives can assist with any questions you may have in relation to this letter and any application, for review you may lodge.
If I can be of any other assistance please contact me on telephone 9213 7161 or 1800 113 304 extension 7161 for country callers.
Yours sincerely
Marie-Louise Albani
Review Officer
Delegate of the Repatriation Commission
0 |
Commonwealth Department of Veterans' Affairs |
||||||
Contact |
Marie-Louise Albani {+FileState,U}}+FileNumber,U} |
Reference |
NSW STATE OFFICE 280 Elizabeth Street Surry Hills NSW POSTAL ADDRESS GPO Box 3994 Sydney NSW 1141 Telephone:(02) 9213 7777 Country Calls:1800 113 304 Facsimile:(02) 9213 7588 |
||||
Telephone |
(02) 9213 7161 |
||||||
{+AddressBlock,1} |
|||||||
12 November 1998 |
|||||||
{+Salutation,I},
THIS LETTER IS ABOUT YOUR APPLICATION FOR REVIEW
I refer to your application dated {Date of letter‖Enter date of receipt of letter:,M} seeking a review of the decision of a Delegate of the Repatriation Commission on {Date decision‖Enter date of Delegate's decision:,M}.
The matter at issue for my consideration is {Matter‖Enter matter at issue for consideration:,M}.
In accordance with current Repatriation Commission policy, all applications for review are first considered by a Departmental Review Officer (DRO) prior to referral to the Veterans' Review Board (VRB). When possible, a DRO may finalise an application without having to go to the VRB for a hearing of the case. The DRO can change the original decision by use of section 31 of the Veterans ' Entitlements Act 1986 if satisfied there are reasons to do so.
When considering your case I have had regard to the information in your Departmental files, including the evidence available to the original decision maker together with any additional evidence submitted. Having considered all the issues in your case I am satisfied that there are no grounds to intervene and vary the decision under section 31 of the Act.
My reason for not conducting a review is {Reason‖Enter reason for not conducting review: ,M} .
< >>
The Department will now prepare a report of your case for the VRB and a copy will be forwarded to you as soon as it has been prepared. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission. The VRB staff will write to you after they receive the report from us. Until you receive the report, please ring this Department if you have any enquiries.
After you receive the report, please take the time to consider whether any additional information might assist your case and, if so, what type of information is needed. In this situation, you may make a further approach to the DRO before the VRB hearing is arranged.
OR
The Department will now include these additional papers in the report of your case for the VRB and a copy of this will be forwarded. to you shortly. The VRB is a statutory authority and is independent of the Department and the Repatriation Commission. The VRB staff will write to you after they receive the additional report from us. Until you receive the additional report, please ring this Department if you have any enquiries.
I note that you do not have someone assisting you with your case. You may wish to contact a representative from one of the organisations which provides advocacy services and/or represents veterans, members of the defence forces or their widows and dependants. Details of major organisations providing this type of assistance are attached for your information. Their representatives can assist with any questions you may have in relation to this letter and the most appropriate course of action for you to take for your VRB hearing.
If I can be of any other assistance please contact me on telephone 9213 7161 or 1800 ll3 304 extension 7161 for country callers.
Yours sincerely
Marie-Louise Albani
Review Officer
Delegate of the Repatriation Commission