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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

Military Rehabilitation and Compensation Act 2004

10 Part 4 of Chapter 8

Repeal the Part, substitute:

Part 4 - Review by the Board

Division 1 - Preliminary

352 Definitions

In this Part:

applicant means a person who makes an application for review.

application for review means an application under section 352A.

relevant documentary medical evidence , in relation to an application for review of an original determination made in respect of a person, means certificates, reports or other documents from:

(a) a medical practitioner; or

(b) a hospital, or similar institution, in which the person received medical treatment;

about a medical condition of the person and reasonably used in support of the application.

review means a review by the Board under this Part.

Division 2 - Applications for review

352A Applications for review

The claimant may make an application to the Board for review of an original determination.

Note: Applications may also be made to the Board for review of:

(a) certain determinations under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (see section 62 of that Act); and

(b) certain decisions under the Veterans' Entitlements Act 1986 (see section 134 of that Act).

352B Application requirements

(1) An application for review must:

(a) be in writing; and

(b) be given to the Board within 12 months after the day on which notice of the original determination was given to the person making the application.

(2) An application for review may set out the reasons for the application.

352C Notifying Commission of application

If an application for review is made to the Board, the Board must, as soon as practicable after receiving the application, give the Commission written notice of the application.

352D Commission to prepare report

(1) Within 28 days after the Board notifies the Commission under section 352C of an application for review of an original determination, the Commission must:

(a) cause a report to be prepared that refers to the evidence on which the original determination was based; and

(b) subject to subsection (2), cause a copy of the report to be served on the applicant.

(2) If the report contains or refers to any information, opinion or other matter that, in the opinion of the Commission:

(a) is of a confidential nature; or

(b) might be prejudicial to the physical or mental health or well-being of the applicant to communicate to the applicant;

the document served on the applicant must not contain or refer to that information, opinion or other matter.

(3) If a copy of a report is served on an applicant in accordance with subsection (1), the applicant may, within 28 days after service of the report or within such further period as the applicant may request in writing before the expiration of that period, give to the Commission in writing any comments the applicant wishes to make concerning the report.

(4) The Commission must forward the following material to the Principal Member of the Board:

(a) all of the relevant documents, including any comments given to the Commission by the applicant concerning the report served on the applicant;

(b) if a further investigation has been made in consequence of the comments of the applicant - a supplementary report referring to any evidence obtained in that further investigation.

(5) The material must be forwarded:

(a) if the applicant gives comments in accordance with subsection (3) and no further investigation is made in consequence of those comments - as soon as practicable after receipt of those comments; or

(b) if a further investigation is made in consequence of comments given by the applicant - as soon as practicable after the completion of that further investigation; or

(c) in any other case - as soon as practicable after the expiration of the period or extended period referred to in subsection (3).

352E Ongoing requirement for lodging material documents with Board

If:

(a) an application for review is made to the Board; and

(b) before the Board determines the review:

(i) a party to the review obtains possession of a document; and

(ii) the document is relevant to the review; and

(iii) a copy of the document has not already been lodged with the Board;

the party must, subject to any directions given under subsection 359CL(2), lodge a copy of the document with the Board as soon as practicable after obtaining possession.

Division 3 - Proceedings before the Board

352F Principal Member or Senior Member to preside at hearing

(1) If the Principal Member is included in the Board members constituting the Board for the purpose of a review, the Principal Member is to preside at any hearing of the review.

(2) If the Principal Member is not included in the Board members constituting the Board for the purpose of a review, the Senior Member who is included in those Board members is to preside at any hearing of the review.

Note: Section 359CJ deals with the constitution of the Board for the purposes of a review.

352G Parties to review before Board

(1) The parties to a review are:

(a) the applicant for the review; and

(b) the Commission.

The Chief of the Defence Force may also choose to be a party to the review.

(2) A party to a review may:

(a) appear in person, or be represented by a person other than a legal practitioner, at any hearing of the review; and

(b) make such submissions, in writing, to the Board as the party, or the party's representative, considers relevant to the review.

(3) A person is not entitled to ask for or receive any fee or other reward, or any payment for expenses, for representing a party to a review.

(4) In this section, legal practitioner includes a person who:

(a) holds a degree of Bachelor of Laws, Master of Laws or Doctor of Laws or Bachelor of Legal Studies; or

(b) is otherwise qualified for admission as a barrister, solicitor, or barrister and solicitor, of the High Court or of the Supreme Court of a State or Territory.

352H Notice of hearing etc.

(1) As soon as practicable after receiving the relevant documents relating to a review of an original determination, the Principal Member must cause to be served on each party to the review a notice:

(a) informing the party that the Board is to review the original determination; and

(b) requesting the party to inform the Principal Member, in writing, within a reasonable time specified in the notice, whether:

(i) the party wishes to appear on the hearing of the review; and

(ii) if the party wishes to appear, whether the party intends to appear on the hearing in person, or be represented as mentioned in section 352G.

(2) If either party to a review informs the Principal Member that the party wishes to appear on the hearing of the review, the Principal Member must:

(a) cause a date, time and place to be fixed for the hearing of the review; and

(b) cause notice of the date, time and place so fixed to be served on each party to the review.

(3) The Principal Member may defer fixing a date, time and place for the hearing of a review until the parties to the review have informed the Principal Member that they are ready to proceed at a hearing.

(4) If a party to a review does not inform the Principal Member, within the time specified in the notice served on the party under subsection (1), that the party wishes to appear on the hearing of the review, the review may be heard and determined in the absence of that party.

352J Procedure of Board

Directions hearings

(1) A Board member may hold a directions hearing in relation to a review.

Directions before hearing commences

(2) Before the hearing of a review has commenced, any of the following persons may give directions in relation to the procedure to be followed in connection with the review:

(a) a Board member;

(b) the National Registrar;

(d) a Deputy Registrar;

(e) a Conference Registrar.

(3) Without limiting subsection (2), a direction under that subsection may:

(a) require any person who is a party to the review to provide further information in relation to the review; or

(b) require the Commission to provide a statement of the grounds on which the application for review will be resisted at the hearing of the review; or

(c) require any person who is a party to the review to provide a statement of matters or contentions upon which reliance is intended to be placed at the hearing of the review.

Directions by Principal Member

(4) The Principal Member:

(a) may give general directions as to the procedure of the Board with respect to reviews before it, including reviews the hearings of which have not been commenced; and

(b) may give directions as to the procedure of the Board with respect to a particular review before the Board, either before or after the hearing of the review has commenced.

(5) The power of the Principal Member under subsection (4) includes the power to give directions:

(a) as to the manner of communication of documents, including electronic documents, that are required or permitted to be communicated to the Board; and

(b) as to the time at which such documents are to be taken to have been so communicated.

(6) Without limiting the documents to which subsection (5) applies, those documents include:

(a) documents, comments and supplementary reports forwarded to the Principal Member under subsection 352D(4); and

(b) notices given to the Principal Member by a party to a review for the purposes of section 352H; and

(d) further documents and reports of investigations or examinations forwarded to the Board as a consequence of a request made under subsection (8) of this section; and

(e) documents withdrawing or discontinuing applications for review communicated to the Board under subsection 353C(2).

Direction by presiding member

(7) The presiding member in respect of a review may, in respect of a matter not dealt with by directions under subsection (4), give directions as to the procedure to be followed on a hearing of the review, either before or after the hearing of the review has commenced.

Requests by Principal Member

(8) The Principal Member may, in relation to a review, request the Commission:

(a) to obtain, and give to the Principal Member, further documents; or

(b) to arrange for the making of any investigation or medical examination and to give to the Principal Member a report of the investigation or examination.

(9) If a request is made under subsection (8), the Board may adjourn any hearing of the review to which the request relates.

Limits on powers

(10) A direction under subsection (2), (4) or (7) must not be inconsistent with:

(a) section 352H (notice of hearing etc.); or

(b) directions under subsection 359CL(2).

(11) In giving a direction or making a request under this section, the Principal Member or a presiding member must have regard to the Board's objective in section 359BA.

Note: A direction under subsection (2), (4) or (7) that is given in writing is not a legislative instrument (see section 353U).

352K Participation by telephone etc.

A Board member holding a directions hearing, or the Board in the hearing of a review, may allow a person to participate by:

(a) telephone; or

(b) closed-circuit television; or

352L Obligations of parties etc.

A party to a review, and any person representing such a party, must use their best endeavours to assist the Board to fulfil the Board's objective in section 359BA.

352M Questions to be decided by majority of Board

(1) A question before the Board on a review is to be decided according to the opinion of a majority of the Board members constituting the Board for the purposes of the review.

(2) If:

(a) the Board is constituted for the purposes of a review by 2 Board members only; and

(b) the 2 Board members cannot agree on a question arising in the review;

the Board must adjourn the review and refer the matter to the Principal Member for the giving of any necessary directions, or the taking of any other action, under section 359CM or 359CN.

352N Hearing to be in private except in special circumstances

(1) Subject to this section, the hearing of a review must be in private.

(2) The presiding member for a review may give directions (whether in writing or otherwise) as to the persons who may be present at any hearing of the review.

(3) If requested to do so by the applicant for a review, the presiding member for the review may permit a hearing, or a part of a hearing, of the review to take place in public.

Note: A direction under subsection (2) that is given in writing is not a legislative instrument (see section 353U).

352P Powers of Board

(1) The Board may:

(a) take evidence on oath or affirmation for the purposes of a review; or

(b) adjourn a hearing of a review from time to time.

(2) The presiding member for a review may:

(a) require a person appearing at a hearing of the review for the purpose of giving evidence to take an oath or to make an affirmation; and

(b) administer an oath or affirmation to a person so appearing.

(3) The applicant for a review by the Board of an original determination is a competent and compellable witness in the hearing of the review of that determination by the Board.

(4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.

(5) The power of the Board under paragraph (1)(a) to take evidence on oath or affirmation for the purposes of a review:

(a) may be exercised on behalf of the Board by:

(i) the presiding member for the review; or

(ii) by another person (whether a Board member or not) authorised by the presiding member; and

(b) may be exercised within or outside Australia; and

(c) if the Board directs that the power is to be exercised subject to any limitations specified by the Board - is subject to any limitations so specified.

(6) If a person (the authorised person ) is authorised, in accordance with subparagraph (5)(a)(ii), to take evidence for the purposes of a review:

(a) the authorised person has, for the purposes of taking that evidence, all the powers of the Board under subsection (1) and all the powers of the presiding member under subsection (2); and

(b) for the purposes of the exercise of those powers by the authorised person, this Part has effect as if a reference to the Board, or to the presiding member, in relation to the review included a reference to the authorised person.

352Q Board may summon persons to give evidence or produce documents

(1) If the presiding member for a review has reasonable grounds to believe that a person has information, or a document or thing, relevant to the review, the presiding member may, in writing, summon the person to do either or both of the following on the day, and at the time and place, specified in the summons:

(a) appear at a hearing of the review to give evidence;

(b) produce any document or other thing specified in the summons.

(2) The day specified in the summons must be at least 14 days after the day the summons is given to the person.

352R Information may be made available to parties

(1) If, after relevant documents relating to a review have been forwarded to the Principal Member in accordance with subsection 352D(4) and before the commencement of the hearing of the review, a party to the review gives any information to the Board for the purposes of the review, the Board must make that information available to each other party to the review.

(2) However, if the Board is of the opinion that:

(a) any information under the control of the Board is of a confidential nature; or

(b) it might be prejudicial to the physical or mental health or well-being of the applicant to communicate any such information to the applicant;

the Board may refrain from making it available to the applicant, but may make it available to a person representing the applicant.

(3) Subsection (1) does not apply to information given by a party to a review who is not the Commission unless the Board is of the opinion that the information contains, or foreshadows the presentation of, evidence or a submission that has not been considered by the Commission in connection with the review.

352S Board not bound by technicalities etc.

(1) The Board, in conducting a review, in hearing a review or in making a decision on a review of an original determination:

(a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and

(b) must act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and

(c) without limiting paragraphs (a) and (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:

(i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and

(ii) the absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the defence service of a member was not reported to the appropriate authorities.

(2) The Commission may make available to the Board:

(a) any Statements of Principles applied by the Commission; and

(b) such other material as the Commission considers may be of assistance to the Board in the exercise of its powers or the performance of its functions under this Act.

(3) Nothing in this section authorises the Commission to direct the Board with respect to its consideration of a particular review.

352T Board may remit matters to Commission for further consideration

(1) At any stage of a review of an original determination, the Board may remit the original determination to the Commission for the Commission to reconsider the original determination.

Role of Commission

(2) If an original determination is remitted to the Commission, the Commission must reconsider the determination and must:

(a) confirm the determination; or

(b) vary the determination; or

(3) If the Commission confirms the determination, the review resumes.

(4) If the Commission varies the determination:

(a) the application for review is taken to be an application for review of the determination as varied; and

(b) the person who made the application may:

(i) proceed with the application for review of the determination as varied; or

(ii) withdraw the application.

(5) If the Commission revokes the determination and makes a new determination in substitution for the determination revoked:

(a) the application is taken to be an application for review of the new determination; and

(b) the person who made the application may:

(i) proceed with the application for review of the new determination; or

(ii) withdraw the application.

Division 4 - Alternative dispute resolution processes

352U Referral of review for alternative dispute resolution process

(1) If an application is made to the Board for review of an original determination, the Principal Member may, in writing:

(a) direct the holding of a conference of the parties to the review, or their representatives, in relation to the review, any part of the review or any matter arising out of the review; or

(b) direct that the review, any part of the review or any matter arising out of the review, be referred for a particular alternative dispute resolution process (other than conferencing).

(2) The Principal Member may, in writing, direct the holding of conferences of the parties to a review or their representatives in the case of applications made to the Board for review of original determinations of a kind specified in the direction.

(3) The Principal Member may, in writing, direct that reviews be referred for a particular alternative dispute resolution process (other than conferencing) in the case of applications made to the Board for review of original determinations of a kind specified in the direction.

(4) A direction may be given under paragraph (1)(a) or (b):

(a) whether or not a direction has previously been given under paragraph (1)(a) or (b) in relation to the review; and

(b) whether or not a direction under subsection (2) or (3) has applied.

(5) If a direction under this section is applicable to:

(a) a review; or

(b) a part of a review; or

each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned.

Note: A direction under this section is not a legislative instrument (see section 353U).

352V Directions by Principal Member

(1) The Principal Member may give written directions about alternative dispute resolution processes.

(2) Directions under subsection (1) may relate to the following:

(a) the procedure to be followed in the conduct of an alternative dispute resolution process;

(b) the person who is to conduct an alternative dispute resolution process;

(3) Subsection (2) does not limit subsection (1).

(4) A person is not entitled to conduct an alternative dispute resolution process unless the person is:

(a) a Board member; or

(b) the National Registrar, a Registrar, a Deputy Registrar or a Conference Registrar; or

(5) The National Registrar, a Registrar or a Deputy Registrar, in conducting an alternative dispute resolution process, does so in the capacity of a Conference Registrar.

352W Agreement about the terms of a decision etc.

(1) If:

(a) in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties to a review or their representatives as to the terms of a decision of the Board:

(i) in the review; or

(ii) in relation to a part of the review; or

(iii) in relation to a matter arising out of the review;

that would be acceptable to the parties; and

(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and

(c) 7 days pass after lodgement, and none of the parties has notified the Board in writing that the party wishes to withdraw from the agreement; and

(d) the Board is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Board;

the Board may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case.

(2) If the agreement reached is an agreement as to the terms of a decision of the Board in the review, the Board may, without holding a hearing of the review, make a decision in accordance with those terms.

(3) If the agreement relates to:

(a) a part of the review; or

(b) a matter arising out of the review;

the Board may, in its decision on the review, give effect to the terms of the agreement without dealing at the hearing of the review with the part of the review, or the matter arising out of the review, to which the agreement relates.

Variation or revocation of decision

(4) The Board may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:

(a) the parties, or their representatives, reach agreement on the variation or revocation; and

(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and

(d) in the case of a variation - the Board is satisfied that it would have been within the powers of the Board to have made the decision as varied.

352X Evidence not admissible

(1) Evidence of anything said, or any act done, at an alternative dispute resolution process under this Division is not admissible:

(a) in any court; or

(b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or

Exceptions

(2) Subsection (1) does not apply so as to prevent, at the hearing of a review before the Board, the admission of particular evidence if the parties to the review agree to the evidence being admissible at the hearing.

(3) Subsection (1) does not apply so as to prevent, at the hearing of a review before the Board, the admission of:

(a) a case appraisal report prepared by a person conducting an alternative dispute resolution process under this Division; or

(b) a neutral evaluation report prepared by a person conducting an alternative dispute resolution process under this Division;

unless a party to the review notifies the Board before the hearing begins that the party objects to the report being admissible at the hearing.

352Y Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board

If:

(a) an alternative dispute resolution process under this Division in relation to a review is conducted by a Board member; and

(b) a party to the review notifies the Board before the hearing that the party objects to that Board member participating in the hearing;

that Board member is not entitled to be a member of the Board as constituted for the purposes of the review.

352Z Participation by telephone etc.

The person conducting an alternative dispute resolution process under this Division may allow a person to participate by:

(a) telephone; or

(b) closed-circuit television; or

353 Engagement of persons to conduct alternative dispute resolution processes

(1) The National Registrar may, on behalf of the Commonwealth, engage persons to conduct one or more kinds of alternative dispute resolution processes under this Division.

(2) The National Registrar must not engage a person under subsection (1) unless the National Registrar is satisfied, having regard to the person's qualifications and experience, that the person is a suitable person to conduct the relevant kind or kinds of alternative dispute resolution processes under this Division.

Division 5 - Decisions of the Board

353A Decision of Board

(1) On review of an original determination, the Board must have regard to:

(a) the evidence that was before the Commission when the determination was made; and

(b) any further evidence before the Board on the review that was not before the Commission, being further evidence relevant to the review.

(2) It is the duty of the Board, in reviewing an original determination, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the review.

(3) For the purpose of reviewing an original determination, the Board may exercise all the powers and discretions that are conferred on the Commission by:

(a) this Act; and

(b) if the determination was made under another Act - that other Act;

in like manner as they are required to be exercised by the Commission.

(4) On review of an original determination, the Board must make a decision, in writing:

(a) affirming the original determination; or

(b) varying the original determination; or

(i) making a decision in substitution for the original determination; or

(ii) making a decision in substitution for the original determination and, in relation to the substituted decision, remitting one or more matters to the Commission for consideration in accordance with any directions or recommendations of the Board; or

(iii) remitting one or more matters to the Commission for reconsideration in accordance with any directions or recommendations of the Board.

353B Board to give notice of decision and reasons to parties

Notice of decision

(1) The Board must give a copy of its decision under section 353A to each party to the review.

Reasons

(2) The Board must give reasons either orally or in writing for its decision under section 353A.

(3) If the Board does not give reasons in writing for its decision:

(a) a party to the review may, within 28 days after the day a copy of the decision is given to the party, request the Board for a written statement of the Board's reasons for its decision; and

(b) the Board must comply with any request within 28 days after receiving the request.

(4) If the Board gives reasons in writing for its decision, those reasons must include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.

(5) If the Board gives reasons in writing for its decision and the reasons contain or refer to any information, opinion or other matter that, in the Board's opinion:

(a) is of a confidential nature; or

(b) might be prejudicial to the physical or mental health or wellbeing of the applicant for the review to communicate to the applicant;

any written statement of the Board's reasons for the decision given to the applicant (or a person authorised by the applicant) must not contain or refer to that information, opinion or other matter.

Notice of review right

(6) The Board must give the applicant for the review (or a person authorised by the applicant) notice of the right under subsection 354(1) (about review by the Tribunal).

Filing of decision

(7) The Board must file its decision under section 353A, and any written statement of its reasons for the decision, with the records of the case.

353C Dismissal of applications

Dismissal if parties consent

(1) If each party to the review of an original determination consents, the Principal Member may dismiss the application for review without proceeding to review the original determination or, if the Board has started to review the original determination, without completing the review.

Dismissal if applicant discontinues or withdraws application

(2) A person who has made an application to the Board for a review of an original determination may, in writing, notify the Board that the application is withdrawn or discontinued.

(3) If notification is so given, the Principal Member is taken to have dismissed the application without proceeding to review the original determination.

Dismissal if applicant fails to appear

(4) If the applicant for the review of an original determination fails to appear in person, or to appear by a representative, at:

(a) a directions hearing for the review; or

(b) an alternative dispute resolution process held under Division 4 in relation to the application; or

the Principal Member may dismiss the application without proceeding to review the original determination.

(5) For the purposes of subsection (4):

(a) a person is taken to appear in person or by a representative at an alternative dispute resolution process if the person or representative participates in it by a means allowed under section 352Z; and

(b) a person is taken to appear in person or by a representative at a directions hearing, or the hearing of the review, if the person or representative participates in it by a means allowed under section 352K.

(6) The Principal Member must, before exercising a power under subsection (4), be satisfied that appropriate notice was given to the applicant for the review of the time and place of the directions hearing, the alternative dispute resolution process or the hearing of the review.

Dismissal if original determination not reviewable

(7) If:

(a) the applicant for the review of an original determination is notified in writing by the National Registrar that the original determination does not appear to be reviewable by the Board; and

(b) before the end of the period prescribed in an instrument under subsection (8), the person is unable to show that the original determination is so reviewable;

the Principal Member may dismiss the application without proceeding to review the original determination.

(8) The Minister must, by legislative instrument, prescribe a period for the purposes of paragraph (7)(b).

Dismissal if applicant fails to proceed or fails to comply with Board's direction

(9) If the applicant for the review of an original determination fails within a reasonable time:

(a) to proceed with the application; or

(b) to comply with a direction given to the applicant under this Part or Chapter 8A in relation to the application;

the Principal Member may dismiss the application without proceeding to review the original determination.

Notice requirements

(10) If the Principal Member dismisses an application under subsection (4), (7) or (9), the Principal Member must:

(a) notify each party to the review of the dismissal; and

(b) the notice must include a statement to the effect that, if the person is dissatisfied with the decision:

(i) application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Tribunal under Part 5 of this Chapter for review of the decision; and

(ii) except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the person may request a statement under section 28 of that Act.

(11) A failure to comply with paragraph (10)(b) does not affect the validity of the decision.

353D Consequence of dismissal of application

If an application is dismissed under section 353C, the review to which the application relates is taken to be concluded unless the application is reinstated under section 353E.

353E Circumstances in which application may be reinstated

(1) If the Principal Member dismisses an application under subsection 353C(4):

(a) the applicant may, within 28 days after receiving notification of the dismissal, apply to the Principal Member for reinstatement of the application; and

(b) if the Principal Member considers it appropriate to do so, the Principal Member may reinstate the application and give such directions as appear to the Principal Member to be appropriate in the circumstances.

(2) If it appears to the Principal Member that an application has been dismissed under section 353C in error, the Principal Member may, on the application of a party to the review or on the Principal Member's own initiative, reinstate the application and give such directions as appear to the Principal Member to be appropriate in the circumstances.

353F Date of operation of decision by Board

(1) The Board must specify in its decision on a review of an original determination the date from which its decision is to operate.

(2) Subsection (1) does not apply if the Board affirms the original determination under review.

353G Correction of errors in decisions or statements of reasons

(1) If, after making a decision, the Board is satisfied that there is an obvious error in the text of the decision or in a written statement of reasons for the decision, the Board may direct the National Registrar, a Registrar or a Deputy Registrar to alter the text of the decision or statement in accordance with the directions of the Board.

(2) If the text of a decision or statement is so altered, the altered text is taken to be the decision of the Board or the statement of reasons for the decision, as the case may be.

(3) Examples of obvious errors in the text of a decision or statement of reasons are where:

(a) there is an obvious clerical or typographical error in the text of the decision or statement of reasons; or

(b) there is an inconsistency between the decision and the statement of reasons.

(4) The powers of the Board under this section may be exercised by the Principal Member or by the Board member who presided in respect of the review to which the decision relates.

Division 6 - Offences

353H Offence - failure of witness to attend

(1) A person commits an offence if:

(a) the person has been served with a summons under section 352Q to appear at a hearing; and

(b) the person:

(i) fails to appear as required by the summons; or

(ii) fails to appear and report from day to day; and

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(2) An offence under this section is an offence of strict liability.

(3) Subsection (1) does not apply if the person has a reasonable excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.

353J Offence - failure to take an oath, make an affirmation or answer a question etc.

(1) A person commits an offence if:

(a) the person is required under section 352P to take an oath or make an affirmation; and

(b) the person fails to comply with the requirement.

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(2) A person commits an offence if:

(a) the person appears as a witness before the Board; and

(b) the Board member presiding at the proceeding has required the person to answer a question; and

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(3) A person commits an offence if:

(a) the person has been served with a summons under section 352Q; and

(b) the summons required the person to produce a document; and

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.

(5) Subsections (1), (2) and (3) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.

353K Offence - giving false or misleading evidence

A person commits an offence if:

(a) the person gives evidence before the Board; and

(b) the person does so knowing that the evidence is false or misleading in a material particular.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

353L Offence - contempt of Board

Insulting a person

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the person's conduct insults another person in, or in relation to, the exercise of the other person's powers or functions under this Part or Chapter 8A.