Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 3   Review pathway

Part 1   Amendments commencing 60 days after Royal Assent

Division 1   Main amendments

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

31   Sections 62 to 67

Repeal the sections, substitute:

62 Reconsideration and review of determinations etc.

(1) Section 347 of the MRCA applies in relation to a determination as if it were an original determination made by the Commission.

Note: This means that the Commission may, on its own initiative, reconsider a determination.

(2) If a determination (the reconsideration determination ) is made under subsection 347(3) of the MRCA because of the operation of subsection (1) of this section, section 346 of the MRCA applies in relation to the reconsideration determination as if:

(a) the reconsideration determination were an original determination made by the Commission; and

(b) a person in respect of whom the reconsideration determination was made were the claimant.

Note: This means that the Commission must give notice of the reconsideration determination.

(3) Part 4 of Chapter 8 of the MRCA applies in relation to a determination, a reconsideration determination and a reviewable decision as if:

(a) the determination, reconsideration determination or reviewable decision were an original determination; and

(b) a person in respect of whom the determination, reconsideration determination or reviewable decision was made were the claimant; and

(c) paragraph 353Q(3)(a) of that Part referred to a claim made by a person under Part V of this Act on behalf of another person.

Note: This means that a determination, a reconsideration determination and a reviewable decision may be reviewed by the Board under Part 4 of Chapter 8 of the MRCA.

(4) If the Board reviews a determination, reconsideration determination or reviewable decision (the DRCA determination ) under Part 4 of Chapter 8 of the MRCA, Part 5 of that Chapter applies in relation to the determination made by the Board on review as if:

(a) the Board's determination on review were a reviewable determination; and

(b) a person in respect of whom the DRCA determination was made were the claimant.

Note: This means that the Board's determination on review of a DRCA determination may be reviewed by the Administrative Appeals Tribunal under Part 5 of Chapter 8 of the MRCA.