The MRCAETS instrument sets out review provisions for decisions made under the Scheme. Under the instrument, a person must be given written notice of any decision regarding MRCAETS eligibility or entitlements. The person then has three months from receipt of the written notice to request a review of the decision.
Where a request for review is received, the decision must be reviewed by a delegate (other than the original decision-maker) within three months of the application date unless the applicant has agreed in writing to a later timeframe.
If the applicant is dissatisfied with the outcome of the review, they have a further right of review to the Administrative Review Tribunal (ART).
Decisions which contain a legal error
There is no express power to undertake an own motion review of decisions made under the MRCAETS.
However, in circumstances where it is obvious that a decision contains a legal error, the Repatriation Commission (RC) can reconsider the decision and determine that it should be treated as invalid and of no effect. Where this applies, a new decision can be made. If a legal error has occurred, the delegate must seek policy advice.
Review of VCES decisions made prior to 1 July 2026
From 1 July 2026, all VCES students were transferred into the MRCAETS. Transitional provisions preserve review rights for VCES decisions in the following circumstances:
If a person received a VCES reviewable decision before 1 July 2026 and the 3-month period to request a review had not expired, they may request a review of the decision under the MRCAETS.
If a person made an application for a review of a VCES decision before 1 July 2026 and the review had not been decided, it continues under the MRCAETS.
In both cases, the review outcome is made under the MRCAETS and is taken to be a MRCAETS decision, meaning the person has a further right of review to the ART.