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Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
62Reconsideration and review of determinations etc.
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#### 62 Reconsideration and review of determinations etc.
(1) Section 347 of the MRCA applies in relation to a determination as if it were an original determination made by the Commission.
> Note: This means that the Commission may, on its own initiative, reconsider a determination.
(2) If a determination (the reconsideration determination) is made under subsection 347(3) of the MRCA because of the operation of subsection (1) of this section, section 346 of the MRCA applies in relation to the reconsideration determination as if:
(a) the reconsideration determination were an original determination made by the Commission; and
(b) a person in respect of whom the reconsideration determination was made were the claimant.
> Note: This means that the Commission must give notice of the reconsideration determination.
(3) Part 4 of Chapter 8 of the MRCA applies in relation to a determination and a reconsideration determination as if:
(a) the determination or reconsideration determination were an original determination; and
(b) a person in respect of whom the determination or reconsideration determination was made were the claimant; and
(c) paragraph 353Q(3)(a) of that Part referred to a claim made by a person under Part V of this Act on behalf of another person.
> Note: This means that a determination and a reconsideration determination may be reviewed by the Board under Part 4 of Chapter 8 of the MRCA.
(4) If the Board reviews a determination or reconsideration determination (the DRCA determination) under Part 4 of Chapter 8 of the MRCA, Part 5 of that Chapter applies in relation to the determination made by the Board on review as if:
(a) the Board’s determination on review were a reviewable determination; and
(b) a person in respect of whom the DRCA determination was made were the claimant.
> Note: This means that the Board’s determination on review of a DRCA determination may be reviewed by the Administrative Review Tribunal under Part 5 of Chapter 8 of the MRCA.