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Military Rehabilitation and Compensation Act 2004
348Varying determinations made by the Board
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348 Varying determinations made by the Board
(1) Subject to subsection (1A), the Commission or the Chief of the Defence Force may, with the consent of the claimant, vary:
(a) an original determination made by the Commission or the Chief of the Defence Force that has been affirmed by the Board under Part 4; or
(b) a determination made by the Board under Part 4 in substitution for an original determination made by the Commission or the Chief of the Defence Force;
if the claimant has made an application to the Tribunal under Part 5 for review of the affirmed determination or the determination made by the Board and the review has not been determined.
(1A) Section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the affirmed determination or the determination made by the Board if:
(a) the application is referred to the guidance and appeals panel under section 122 of that Act; or
(b) a guidance and appeals panel application is taken to be made because the Administrative Review Tribunal’s decision on the review is referred to the guidance and appeals panel under section 128 of that Act.
(2) The Commission or the Chief of the Defence Force may, for the purpose only of correcting a manifest error, vary the date approved by the Board as the date from which a determination of the Board made in substitution for a determination of the Commission or of the Chief of the Defence Force is to operate.