5.1Notification to veteran

5.1—Notification to veteran

5.1.1 Notification of decision and review rights

As soon as practicable after the Commission makes a decision under this Scheme, the Commission must cause to be served on the veteran: (a) a copy of its decision; and (b) particulars of the veteran’s right to have the decision reviewed.

5.2—Review of decisions by the Repatriation Commission

5.2.1 Who may seek a review

A veteran who is dissatisfied with a decision of the Commission under: (a) section 115F of the Act; or (b) this Scheme; may apply to the Commission to review the decision.

5.2.2 Making a request for review

An application for review of a decision must: (a) be made within 3 months after the veteran was notified of the decision in accordance with paragraph 5.1.1; and (b) set out the grounds on which the request is made; and (c) be in writing.

5.2.4 Review by the Commission

If an application for review of a decision is made in accordance with paragraph 5.2.1, the Commission must review the decision.

5.2.5 Delegate cannot review own decision

If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision.

5.2.6 The Commission’s powers on review

If the Commission reviews a decision under this Scheme, the Commission must affirm the decision or set it aside.

5.2.7 Substituted decision

If the Commission sets the decision aside it must substitute a new decision in accordance with this Scheme.

5.2.8 Notification of decisions upon review

As soon as practicable after the Commission makes a decision under paragraph 5.2.6 or 5.2.7, the Commission must cause to be served on the veteran: (a) a copy of its decision; and (b) a statement of reasons for that decision; and (c) particulars of the veteran’s right to have the decision reviewed.

5.3—Review by the Administrative Appeals Tribunal

5.3.1 Application to the Administrative Appeals Tribunal

If the Commission has made a decision under paragraph 5.2.6 that affirms or sets aside and substitutes a decision, an application may be made to the Administrative Appeals Tribunal for a review of the decision of the Commission that was so affirmed or substituted.

5.3.2 Manner of applying for review

A veteran’s right to apply to the Tribunal under paragraph 5.3.1 is subject to section 29 of the Administrative Appeals Tribunal Act 1975.

Note: section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review, and among other things, requires an application to be in writing, in accordance with the approved form, setting out a statement of reasons for the application, and lodged with the Tribunal within the prescribed time.