Veterans' Affairs Legislation Amendment (2007 Measures No. 1) Act 2007 (89 of 2007)

Schedule 1   Amendment of the Veterans' Entitlements Act 1986

Part 1   Amendments

72   At the end of section 118ZF (before the note)

Add:

Record of determination and reasons

(4) When the Commission determines the claim it must make a written record of its determination.

(5) The Commission must also make a statement in writing about the determination that:

(a) sets out the Commission's findings on material questions of fact; and

(b) refers to the evidence or other material on which those findings are based; and

(c) provides reasons for the Commission's determination.

Notification of determination

(6) As soon as practicable after the Commission determines a claim under subsection (1), the Commission must give the person who made the claim:

(a) a copy of the record of the Commission's determination; and

(b) subject to subsection (7), a copy of the statement about the determination referred to in subsection (5); and

(c) particulars of the right of the person who made the claim to have the determination reviewed by the Commission.

(7) If the statement referred to in paragraph (6)(b) contains any matter that, in the opinion of the Commission:

(a) is of a confidential nature; or

(b) might, if communicated to the person who made the claim, be prejudicial to his or her physical or mental health or well-being;

the copy given to the person is not to contain that matter.

Note: The following heading to subsection 118ZF(1) is inserted "Determination of claim".