The legislation provides that where the delegate is satisfied that the applicant for a notice of eligibility is an eligible person, the delegate shall issue a notice certifying that, on the date of issue, the applicant was an eligible person.
An application for a Notice of Eligibility shall be in writing. A Notice of Eligibility will be in the form of a letter (Form S3) as approved by the Secretary. The delegate's decision as to whether a person is an eligible person should be recorded on a Form S4 and in CELS.
In cases where service details are to be obtained from the Department of Defence, it is a requirement that the written consent of the applicant to the disclosure of the information is obtained beforehand.
Decisions refusing to issue a notice of eligibility are reviewable decisions within the meaning of the DSH legislation and reference should be made to GENERAL ORDERS - ADMINISTRATIVE FRAMEWORK & DECISION MAKING - Chapter 9 in particular.