Policy

Information accessible under freedom of information legislation

Under the Freedom of Information Act 1982 (the FOI Act) a person may seek access to documents in the possession of [glossary:DVA:306]. This may include manuals, guidelines, rules and instructions used by officers in making decisions relating to [glossary:members:649] of the public. Access may also be gained to information relating to a decision which may adversely affects their interests (or has the potential to do so).

From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT).  Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ.  Importantly, timeframes for appeals for veterans and provision of information etc. remain the same.

Most VEA compensation and rehabilitation determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB), via VRB lodgement channels, rather than to DVA. Appeal timeframes remain the same for all claim types except Acute Support Package, which has been extended to 12 months. DVA has 28 days to prepare the report for the VRB under section 352D of the MRCA. The Commission continues to have the discretion to initiate a reconsideration of own motion.

Most VEA compensation and rehabilitation determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB), via VRB lodgement channels, rather than to DVA. Appeal timeframes remain the same for all claim types except Acute Support Package, which has been extended to 12 months. DVA has 28 days to prepare the report for the VRB under section 352D of the MRCA. The Commission continues to have the discretion to initiate a reconsideration of own motion.

Certificate of Disclosure

Under the provisions of section 208(1)(b) of the Social Security (Administration) Act 1999, the Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs may disclose information to the Secretary of another Department of the Commonwealth or the head of an authority of the Commonwealth. The specific information authorised for disclosure to each Commonwealth Department and Authority is prescribed in a document called a Certificate of Disclosure.

Who can we request information from?

The Secretary or their delegate can request information from applicants or recipients of pensions, payments, benefits or allowances. Information can also be gathered from a person who is indebted to the Commonwealth by way of an overpayment for example, or from a person employed by, or in connection with, a government department.    

Form of request for review

From 14 October 2024 the Administrative Review Tribunal (ART) replaces the Administrative Appeals Tribunal (AAT).  Appeal pathways and matters remain largely the same as previous AAT arrangements under ART arrangements, although specific legislative section numbers in the ART Act differ.  Importantly, timeframes for appeals for veterans and provision of information etc. remain the same.