{"id":"F2006L04034","name":"Veterans’ Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006","slug":"veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60968,"registerId":"commonwealth-F2006L04034-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans’ Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006","content":"![](image.001.png)\n\nSECRETARY\n\nDEPARTMENT OF VETERANS’ AFFAIRS\n\nAustralian Participants in British Nuclear Tests (Treatment) Act 2006\n\nVeterans’ Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006\n\nInstrument No. S29/2006\n\nI, Mark Sullivan, Secretary of the Department of Veterans’ Affairs, pursuant to section 6 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act), hereby determine the procedures for making claims or applications, or giving documents.\n\nDated this 13th day of December 2006\n\nMARK SULLIVAN\n\n1 Name of Determination\n\nThis Determination is the Veterans’ Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006.\n\n2 Commencement\n\nThis Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n3 Definitions\n\nIn this Determination:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006.\n\nCommission means the Repatriation Commission continued in existence by section 179 of the Veterans’ Entitlements Act 1986.\n\n4 Procedures for making claims or applications or giving documents\n\n(1) A claim, application, request or notice (hereinafter such matters are referred to as a claim) is to be in writing and is only taken to have been made or given, as the case requires, when it is lodged at an office of the Department of Veterans’ Affairs in Australia.\n\n(2) Subject to subsection (3), subsection 5T(2) of the Veterans’ Entitlements Act 1986, in force from time to time, including any matter approved by the Commission under subsection 5T(2) as at the commencement of this Determination, is taken to apply to a claim as if the claim could be made or given under that Act.\n\n(3) Additional procedures for, or in respect of, a person making a claim are:\n\n(a) For a person making a claim under section 8 of the Act that he or she is an eligible person under the Act (treatment claim), the claim is to be in the form approved by the Secretary of the Department of Veterans’ Affairs;\n\n(b) For a person withdrawing a treatment claim under section 9 of the Act by giving notice, the notice is to contain the details in Schedule 1;\n\n(c) For a person making a claim under section 21 of the Act that he or she is entitled to be paid travelling expenses under the Act (travel claim), the claim is to be in the form approved by the Secretary of the Department of Veterans’ Affairs;\n\n(d) For a person withdrawing a travel claim under section 22 of the Act by giving notice, the notice is to contain the details in Schedule 2;\n\n(e) For a person requesting a review under section 24 of the Act of a decision made by the Commission (review-request), the request is to contain the details in Part 1 of Schedule 3;\n\n(f) For a person withdrawing a review-request under section 28 of the Act by giving notice, the notice is to contain the details in Part 2 of Schedule 3;\n\n(g) the procedures in Schedule 4.\n\n  \nSchedule 1\n\n(s.9)\n\nDetails Notice of Withdrawal of Treatment Claim is to Contain\n\n1. name and address of person withdrawing the claim including, if appropriate, the name and address of person on whose behalf the claim is being withdrawn.\n\n  \n\nSchedule 2\n\n(s.22)\n\nDetails Notice of Withdrawal of Travel Claim is to Contain\n\n1. name and address of person withdrawing the claim including, if appropriate, the name and address of person on whose behalf the claim is being withdrawn.\n\n2. details of claim.\n\n  \n\nSchedule 3 (Part 1)\n\n(s.24)\n\nRequest for Review of Decision under the Act\n\n1. name and address of person requesting the review including, if appropriate, the name and address of person on whose behalf the request is made.\n\n2. the decision to be reviewed.\n\n3. the grounds for review.\n\n  \n\nSchedule 3 Part 2\n\n(s.28)\n\nDetails Notice of Withdrawal of Request for Review is to Contain\n\n1. name and address of person withdrawing the request-for-review including, if appropriate, the name and address of person on whose behalf the request is being withdrawn.\n\n2. details of the decision originally sought to be reviewed.\n\n  \n\nSchedule 4\n\n1. A claim, application, request or notice (hereinafter such matters are referred to as a claim) may be made or given, as the case requires:\n\n(a) by the person eligible to be granted the benefit; or\n\n(b) with the approval of that person or of the Commission,\n\nby another person on behalf of that person.\n\n2. Where a person eligible to be granted a benefit under the Act is unable, by reason of physical or mental ailment, to approve a person to make a claim for that benefit on his or her behalf, the Commission may approve a person to make the claim on his or her behalf.\n\n3. Where a claim for a benefit under the Act is made by a person on behalf of another person, the other person on whose behalf the claim is made, and not the person making the claim on behalf of that other person, shall be treated as the claimant.\n\n4. Where:\n\n(a) a person makes a claim for a benefit under the Act but otherwise than in accordance with the appropriate form required by this Determination; and\n\n(b) the person subsequently makes a claim for the benefit in accordance with the appropriate form:\n\n(i) at a time when the person had not been notified by the Department of Veterans’ Affairs, in writing, that it would be necessary to make the claim in the appropriate form; or\n\n(ii) within 3 months after the person had been so notified;\n\nthe Commission may treat the claim referred to in paragraph (b) as having been received at an office of the Department in Australia on the date on which the claim referred to in paragraph (a) was so received.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Determination does not change who is eligible for benefits or what benefits the Act provides. Instead it prescribes procedural requirements for making, withdrawing and reviewing claims (see s.4 and Schedules 1–4), delegates approval of claim forms to the Secretary (s.4(3)(a),(c)), and gives the Commission limited discretionary powers over representatives and constructive receipt dates for amended claims (Schedule 4, paras 2 and 4)."},"complexity_factors":["Cross-reference to the Veterans’ Entitlements Act 1986 (subsection 5T(2)) introduces external procedural rules to apply to claims.","Multiple specified claim types (treatment, travel, review) each require Secretary‑approved forms or specified contents (s.4(3); Schedules 1–3).","Lodgement location rule: claims are only taken as made when lodged at a DVA office in Australia (s.4(1)), creating a strict procedural gateway.","Commission discretion to approve representatives where applicants lack capacity and to treat subsequently completed forms as received on an earlier date in specific circumstances (Schedule 4, paras 2 and 4).","Delegation of form-approval power to the Secretary centralises administrative control over acceptable claim formats (s.4(3)(a),(c)).","Formal requirements for withdrawal and review notices prescribe particular information, increasing compliance burden for claimants and representatives (Schedules 1–3)."],"plain_english_summary":"This Determination sets the procedural rules for making, withdrawing and reviewing claims under the Australian Participants in British Nuclear Tests (Treatment) Act 2006. It requires claims to be written and lodged at a Department of Veterans’ Affairs office in Australia, prescribes specific forms and required details for treatment, travel and review claims, allows authorised representatives to lodge on behalf of applicants, and gives the Commission limited discretion to back-date properly amended claims.\n\nIt affects veterans or participants (and their representatives) by setting how, where and in what form claims and withdrawals must be made, which matters for timeliness, proof and administrative approval."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination remains tightly focused on its original purpose: establishing administrative procedures for claims under the Australian Participants in British Nuclear Tests (Treatment) Act 2006. It does not expand beyond procedural requirements for treatment claims, travel claims, and review requests."},"complexity_factors":["Only 4 main sections plus 4 short schedules","Minimal defined terms (only 2: 'Act' and 'Commission')","Single cross-reference to Veterans' Entitlements Act 1986 (section 5T(2))","Straightforward procedural requirements with no nested exceptions","Schedules consist of simple checklists (name, address, details of claim)","No conditional logic beyond basic 'if/then' scenarios in Schedule 4"],"plain_english_summary":"This Determination sets the paperwork rules for Australian veterans (and their family representatives) exposed to British nuclear tests who seek free medical treatment or reimbursement for travel under a special compensation scheme. It requires claims to be in writing and lodged at a Department of Veterans’ Affairs office.\n\nCrucially, it adopts a “deemed date of receipt” rule from the Veterans’ Entitlements Act: if a wrong form is corrected within three months after notification, the claim is treated as if validly submitted—protecting veterans from missing deadlines."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-","history":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-/history","analysis":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-/analysis","conflicts":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-/conflicts","importantCases":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-/important-cases","documents":"/api/acts/veterans-affairs-australian-participants-in-british-nuclear-tests-treatment-claims-applications-and-/documents"}}