18Pending reviews by Commission

18 Pending reviews by Commission

(1) Where, before the commencing date: (a) the Commission had commenced to review a decision: (i) granting a pension (not being a service pension) or assessing the rate of such a pension; or (ii) with respect to a claim for such a pension or an application for such a pension or for an increase in the rate of such a pension; (b) a request to review a decision of the Commission had been made under section 90C of the Repatriation Act; or (c) the Commission had, otherwise than by reason of such a request, commenced to review a decision granting a service pension or assessing the rate of a service pension; but the Commission had not made its decision in respect of the review, the Commission may complete the review and make its decision in respect of the review as if it had been instituted under Part II, III or IV, as the case requires, of the Veterans’ Entitlements Act. (2) For the purposes of the application of subsection (1) in relation to a review, any investigation carried out, decision made or act or thing done, for the purposes of, or in connection with, the review before the commencing date shall, by force of this section, have the force and effect, on and after that date for the purposes of completion and determination of the review, that it would have if the Veterans’ Entitlements Act had been in operation when it was carried out, made or done, and it had been carried out, made or done under and for the purposes of a review under Part II, III or IV, as the case requires, of that Act. (3) The decision of the Commission upon a review to which subsection (1) applies shall be such decision as the Commission considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans’ Entitlements Act and of this Act.