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
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. Except for pages relating to prior historical rulings, reviews and advice, after 14 October 2024 references to the AAT in these pages should be taken as a reference to ART.
ART Appeals are handled by the Litigation Team in Dispute Resolution Branch, Legal and Audit Division.
Applications for review of a 'reviewable decision' (that is, a decision resulting from a reconsideration) must be made to the ART within 60 days of the date on which the reviewable decision is furnished (provided to) the employee, the claimant or the Commonwealth. In practical terms, the 60 day time limit runs from the day on which the reviewable decision is received.
A compensation claimant under the SRC Act (or the Commonwealth) does not have access to the ART until a reviewable decision (a decision by a RD) is made.
There is provision for the ART to extend the time in which an application for review can be made. Where a claimant seeks to lodge a late application for review, the MRCC is consulted (in relation to the cases it determines) as to whether they have any objection to late lodgement of an application for review. Whether a late application can be accepted as a valid request for review is ultimately a matter for the ART to decide.