DRCA original determinations made on or after 21 April 2025 must be appealed directly to the Veterans’ Review Board (VRB) within 12 months. Subsequent determinations by the VRB can be appealed to the Administrative Review Tribunal. Claimants cannot request a reconsideration by the Commission for determinations made on or after 21 April 2025, however the Commission continues to have the discretion to initiate a reconsideration of own motion.
Determinations made before 21 April 2025 cannot be reviewed by the VRB, so claimants should request a reconsideration by the Commission within 30 days of decision. Claimants can confirm the review pathway relevant to their claim by checking the determination letter. More information is available at dva.gov.au/single-review-pathway or vrb.gov.au
Section 62 of the SRC Act also provides that:
- a request for reconsideration must be in writing.
- it must set out the employee's or claimant's reasons for the request.
- it should be made within 30 days of the date on which the employee or claimant becomes aware of the determination to which the request for reconsideration relates. In other words, within 30 days of the date of receipt of the determination. In practice, the MRCC is not strict in applying the 30 day time limit, especially if the employee or claimant is obtaining or intends to rely on new medical or other evidence to support the request for reconsideration.
- should claimants or their representatives indicate that it may take more than 30 days to obtain additional information they should be encouraged to lodge the request for reconsideration and include in that request an extension of time to enable evidence to be gathered. The office undertaking the reconsideration normally agrees to such requests.
- any Delegate who has previously been involved in the original decision (including the decision maker and anyone with whom the decision maker may have discussed the matter which led to the determination) is disqualified from carrying out the reconsideration.
- in the MRCC, all reconsiderations (other than 'Reconsiderations 'of own motion'' – see Section 10.4) are carried out by level 6 or above Delegates. Therefore, reconsiderations are not a matter which will be dealt with by the great majority of MRCC Delegates.
Section 38 of the SRC Act is very similar to Section 62. The main difference is that Section 38 relates to decisions concerning rehabilitation matters arising under the Act in individual cases.