20Reviews of certain decisions made under repealed Acts

20 Reviews of certain decisions made under [Repealed] Acts

(1) Where, but for the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 107VC of the Repatriation Act for a review of a decision of the Commission made before that date, application may, subject to subsections (3), (4), (6) and (7) of this section, be made to the Board under section 135 of the Veterans’ Entitlements Act for a review of that decision. (2) Where, but for the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 90C of the Repatriation Act for a review of a decision of the Commission made before that date, application may be made to the Commission under Division 19 of Part III of the Veterans’ Entitlements Act for a review of that decision. (3) Subject to subsections (4) and (6), an application under subsection (1) for a review of a decision of the Commission may be made within 12 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2) of the Veterans’ Entitlements Act, but not otherwise. (4) An application under subsection (1) for a review of a decision of the Commission (including a decision of a Repatriation Board deemed by section 50 of the Repatriation Legislation Amendment Act 1984 to be a decision of the Commission), being a decision made before 1 January 1985: (a) assessing a rate of pension or an increased rate of pension; (b) refusing to grant a pension on the ground that the extent of the incapacity of the applicant is insufficient to justify the grant of a pension; (c) refusing to increase the rate of a pension; or (d) reducing the rate of a pension; may be made on a day not later than the day that occurs 3 months after the day on which a copy of that decision was served on the applicant, but not otherwise. (5) Subsection (2) does not apply to a decision of a Repatriation Board if an appeal to the Commission against that decision had been instituted before 1 January 1985. (6) An application under subsection (1) for a review of a decision of the Commission (being a decision made on or after 1 January 1985 that is of a kind referred to in paragraph (4)(a), (b), (c) or (d)) may be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2) of the Veterans’ Entitlements Act, but not otherwise. (6A) An application under subsection (2) for a review of a decision of the Commission may be made within the period of 3 months after service on the person to whom the decision relates of notice of the decision or within the period of 3 months after the date of commencement of this subsection, whichever last expires, but not otherwise. (7) Subsection (1) does not apply to a decision of the Commission if an application for a review of that decision has been made to the Board before the commencing date and that application has not been withdrawn and has not been otherwise disposed of. (8) Subsections 135(4) and (5) of the Veterans’ Entitlements Act do not apply to or in relation to an application to which subsection (1) of this section applies. (9) Where, but for the repeals effected by subsection 3(1) of the Veterans’ Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 107VZW of the Repatriation Act for a review of a decision of the Commission or of the Board made before that date, application may, subject to section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with subsection 176(4) of the Veterans’ Entitlements Act, be made to the Administrative Appeals Tribunal under section 175 of the Veterans’ Entitlements Act for a review of that decision by that Tribunal, and the application shall be heard and determined by that Tribunal accordingly. (10) Subsection (9) does not apply to a decision of the Commission or the Board if an application for a review of that decision had been made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn and has not been otherwise disposed of. (10A) Where, on or after 6 June 1985 and before the commencing date, the Board has: (a) affirmed a decision of the Commission not to grant a claim for a pension (not being a service pension); or (b) made, in substitution for a decision of the Commission, a decision not to grant a claim for a pension; by reason that the Board was reasonably satisfied as set out in subsection 107VG(7) of the Repatriation Act, application may, notwithstanding the provisions of section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with paragraph 176(4)(a) of the Veterans’ Entitlements Act, be made to the Administrative Appeals Tribunal, under section 175 of the Veterans’ Entitlements Act, for a review of that decision of the Board by the Tribunal within the period of 3 months commencing on, and including, the commencing date, and the application shall be heard and determined by that Tribunal accordingly. (10B) Subsection (10A) does not apply to a decision of the Board if an application for a review of that decision has been duly made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn. (11) A power conferred by the Veterans’ Entitlements Act on the Commission: (a) to review a decision; (b) to cancel or suspend a pension; or (c) to increase or decrease the rate of a pension; extends to reviewing the decision, suspending the pension or increasing or reducing the rate of the pension in respect of a period before the commencing date or cancelling the pension on a date before the commencing date as if that Act had been in force throughout that period or on that date, as the case may be. (12) In exercising a power referred to in subsection (11), the Commission: (a) may have regard to information received by the Commission, the Board or the Administrative Appeals Tribunal before the commencing date under a repealed Act and to information received by the Commission on or after that date under the Veterans’ Entitlements Act; and (b) shall make such decision as it 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.