354Applications to the Tribunal for review

354  Applications to the Tribunal for review

 (1) An application may be made to the Tribunal for review of a reviewable determination.

Note: Item 2 of the table in section 355 sets out who may make the application.

 (1AA) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable determination by the Board under Part 4 of this Act as if references in the following provisions of that Act to the decision‑maker for the decision the subject of the application were instead references to the Commission:

 (a) section 56;

 (b) section 60;

 (c) paragraph 61(1)(b);

 (ca) paragraph 61(1A)(b);

 (d) paragraph 65(2)(b);

 (e) subsection 73(3);

 (f) subsection 79(3);

 (g) paragraph 126(2)(b);

 (h) paragraph 129(2)(b).

Note: The provisions of the Administrative Review Tribunal Act 2024 mentioned in this subsection apply normally in respect of other kinds of reviewable determinations.

 (1A) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable determination by the Board under Part 4 of this Act as if references in the following provisions of that Act to the decision‑maker for the decision the subject of the application were instead references to whichever of the Commission or the Chief of the Defence Force made the original determination:

 (a) paragraph 21(2)(b);

 (b) Subdivision B of Division 4 of Part 3;

 (c) paragraph 31(2)(b);

 (d) section 54;

 (e) section 85 (subject to subsection (1B) of this section);

 (f) paragraph 105(c);

 (g) subsection 108(2).

Note: The provisions of the Administrative Review Tribunal Act 2024 mentioned in this subsection apply normally in respect of other kinds of reviewable determinations.

 (1B) If:

 (a) a person applies to the Tribunal for review of a decision (the reviewable decision) that is a reviewable determination made by the Board; and

 (b) that reviewable determination is a determination affirming an original determination made by the Commission; and

 (c) in the course of the review by the Tribunal, the person provides to the Tribunal a document relevant to the review; and

 (d) the Tribunal is satisfied that, at the time when the Board made the reviewable determination, the Board did not have the document and the person could have provided the document to the Board without unreasonable expense or inconvenience; and

 (e) the Tribunal is satisfied that, if the Board had the document at the time when the Board made the reviewable determination, the Board would have made a determination more favourable to the claimant than the reviewable determination;