Budget Savings (Omnibus) Act 2016 (55 of 2016)

Schedule 24   Single appeal path under the Military Rehabilitation and Compensation Act

Military Rehabilitation and Compensation Act 2004

11   After subsection 357(6)

Insert:

(6A) If, in any proceedings, the Tribunal varies or sets aside a reviewable determination made by the Board, the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings if:

(a) in the course of the review by the Tribunal, the claimant provided to the Tribunal a document relevant to the review; and

(b) the Tribunal is satisfied that, at the time when the Board made the reviewable determination, the Board did not have the document and the claimant could have provided the document to the Board without unreasonable expense or inconvenience; and

(c) the Tribunal is satisfied that, if the Board had the document at the time when the Board made the reviewable determination, the Board would have made a determination more favourable to the claimant than the reviewable determination.

(6B) If, in any proceedings, the Tribunal varies or sets aside a reviewable determination made by the Board, the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings if the Tribunal is satisfied that:

(a) in connection with the review by the Tribunal or Board, the claimant was granted legal aid under a Commonwealth, State or Territory legal aid scheme or service; or

(b) the claimant failed, without reasonable excuse, to appear at the hearing of the review by the Board; or

(c) in connection with the review by the Board, the claimant failed to comply with a direction under subsection 148(4B) of the Veterans' Entitlements Act 1986; or

(d) the claimant failed to comply with a notice under section 330 before the Commission made the original determination in relation to which the reviewable determination was made.

(6C) If, in any proceedings, the Tribunal remits a reviewable determination made by the Board to the Commission as mentioned in subsection 354(1C), the Tribunal must not make an order under subsection (2) or (4) in favour of a claimant in relation to the costs of those proceedings.