VEA ? [2]
This section outlines what decisions can be reviewed by the Administrative Appeals Tribunal [3] [glossary:(:]AAT [3][glossary:):] and the process of review.
The Administrative Appeals Tribunal is an independent body established by the Administrative Appeals Tribunal Act 1975, which reviews certain administrative decisions of specified Departments and Government agencies. The Tribunal is headed by a judge of the Federal Court of Australia who may sit with other tribunal members who are either judges, lawyers or persons who may possess some experience relevant to the subject of the review.
Administrative Appeals Tribunal.
VEA ? [7]
A person may apply to the AAT [3] for a review of the reviewable decisions where the decision has been reviewed by the delegate of the Veterans Review Board (VRB).
Subsection 29(1) of the Administrative Appeals Tribunal Act 1975 states that the application to the Tribunal may be made in accordance with the prescribed form. While the word 'may' does allow for applications other than on the prescribed form, it is important that the wording of the request adequately conveys that an application for review by the AAT is being sought. The application to the Tribunal for review of a decision must:
VEA ? [9]
The time allowed for lodging an application for review with the AAT is three months from the date the Commission's decision and statement of reasons following a review were served on the applicant. In order to meet the time limit, the AAT must receive the application for review within this time. Any application to the AAT incorrectly forwarded to DVA should immediately be sent to the AAT.
If the three months has expired an applicant can still apply to the AAT for review, but no later than 12 months after the decision was furnished on the applicant. The AAT will then consult with the Repatriation Commission [3] to see if it objects to an extension of time. If the other party to the review does not object, the review proceeds as normal. However, the earliest effective date may differ, if the application for review to the AAT is made out of time. The AAT in granting an application must look at both the reason for the delay and the merit of the application. The Commission rarely objects to the grant of an extension:
Application to AAT - DVA's obligations
12.5.8/DVA's Obligations towards application to the Administrative Appeals Tribunal (AAT) [12]
Administrative Appeals Tribunal.
According to Section 179 [15]of the VEA [15], the Commission is a body corporate under the name of Repatriation Commission.
Veterans' Entitlements Act 1986.
The purpose of attendant allowance is to assist eligible Veterans [16], Members of the Forces [17], or a Member of a Peacekeeping Force [18]with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.
To be eligible for attendant allowance the person must be in receipt of a Disability Compensation Payment [3] for Incapacity [19]for a war-caused or defence-caused injury or Disease [20]that severely affects a persons' ability to care for themselves. Attendant allowance is payable at a higher or a lower rate depending on the type of Injury [21]or disease accepted under the Veterans' Entitlements Act.
VEA → [23]
If an application to the AAT [3] is incorrectly forwarded to DVA [3], the Department must:
The advice to the applicant should stress that DVA [3], in forwarding the application, is acting to assist the applicant and is not an agent of the AAT. Prompt action is vital, as the time limit for lodging an application with the AAT is calculated using the date the application is received by the AAT, not DVA.
More → [24]
When a person lodges an application for review of a decision, the Commission [3] is required by section 37 of the Administrative Appeals Tribunal Act 1975 to provide the Tribunal with documents which contain:
Section 37 of the Administrative Appeals Tribunal Act 1975 stipulates that the time limit for provision of documents to the AAT is:
Unless other arrangements have been made, the provision of documents in qualifying service, service pensions and veteran payment matters are handled by the Review teams in the State Offices.
Time limit for applications to the AAT
12.5.8/Applications for Review by the Administrative Appeals Tribunal (AAT) [27]
Administrative Appeals Tribunal.
The Department of Veterans' Affairs.
Administrative Appeals Tribunal.
The Department of Veterans' Affairs.
According to Section 179 [15]of the VEA [15], the Commission is a body corporate under the name of Repatriation Commission.
VEA ? [30]
The AAT [3] is required, under the Administrative Appeals Tribunal Act 1975, to conduct proceedings with as little formality and technicality and with as much expedition as possible. There is no requirement for a person to be represented by a member of the legal profession at an appeal and claimants may represent themselves if they wish. The AAT's hearings are generally open to the public, although the hearing can be closed by the AAT to receive confidential information.
The Tribunal generally sits in the capital city nearest to the appellant's home but also sits elsewhere in Australia. Where appropriate, hearings may be conducted using telephone conference facilities.
The Administrative Appeals Tribunal Act 1975, requires the AAT to stand in the shoes of the original decision maker and make a decision taking account of all the evidence that is available up to the date that it hands down its decision. This means that the applicant can bring forward material that was not put to the original decision maker.
When hearing a case, the AAT [3] has the power to:
A decision made by the Commission in accordance with section 57 [4] in the VEA [3] is considered to be a decision made at the primary level, and carries a right of review to the AAT, of which the claimant or pensioner must be informed.
More ? [31]
Decisions of the AAT are not binding on DVA except in the individual case. Delegates must apply the law in the light of the policy laid down by the Repatriation Commission.
VEA ? [32]
Where the application for review has been lodged within the three months time limit, and the AAT grants service pension, the effective date of the grant or variation cannot be earlier than the date that the Commission could have set at the time of its primary determination. The effective date may be later if the application for review is lodged after the expiration of the three months time limit, for example:
Example 1
Veteran receives decision of VRB on 01/01/02 and lodges his application for review by the AAT on 31/03/02. The earliest date of effect is the date of effect which the Repatriation Commission could have set at the time of its primary decision.
Example 2
Review of claim arising under s14 [4] of the VEA. Veteran receives decision of VRB on 01/01/02 and lodges an application for review by the AAT on 03/04/02 (later than 3 months after receiving the decision of the VRB). The earliest date of effect is six months prior to the lodgement of the application for review with the AAT
Example 3
Review of a claim arising under s15 [4] of the VEA or an application for attendant allowance. Veteran receives decision of VRB on 01/01/02 and lodges an application for review by the AAT on 03/04/02 (later than 3 months after receiving the decision of the VRB). The earliest date of effect is the date on which the application for review was lodged with the AAT. The AAT could set a later date of effect if the material supported such a decision.
Administrative Appeals Tribunal.
Administrative Appeals Tribunal.
According to Section 179 [15]of the VEA [15], the Commission is a body corporate under the name of Repatriation Commission.
Veterans' Entitlements Act 1986.
Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16752%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn160
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn160
[6] https://clik.dva.gov.au/user/login?destination=node/16763%23comment-form
[7] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn161
[8] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn162
[9] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn163
[10] clikpopup://DEF/VEA
[11] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn161
[12] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1258-review-administrative-appeals-tribunal-aat-veterans-compensation-matters/dvas-obligations-towards-application-administrative-appeals-tribunal-aat
[13] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn162
[14] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn163
[15] http://clik.dva.gov.au/legislation-library
[16] http://clik/glossary/veteran
[17] http://clik/glossary/member-forces
[18] http://clik/glossary/members-peacekeeping-force
[19] http://clik/glossary/incapacity
[20] http://clik/glossary/disease
[21] http://clik/glossary/injury
[22] https://clik.dva.gov.au/user/login?destination=node/16754%23comment-form
[23] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn164
[24] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn165
[25] clik://LEGIS/VEA/section 175
[26] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn164
[27] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1258-review-administrative-appeals-tribunal-aat-veterans-compensation-matters/applications-review-administrative-appeals-tribunal-aat
[28] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn165
[29] https://clik.dva.gov.au/user/login?destination=node/16732%23comment-form
[30] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn166
[31] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn167
[32] https://clik.dva.gov.au/book/export/html/16752#tgt-cspol_part12_ftn168
[33] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn166
[34] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1252-income-support-and-review-decisions-repatriation-commission
[35] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn167
[36] https://clik.dva.gov.au/book/export/html/16752#ref-cspol_part12_ftn168