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

Veterans' Entitlements Act 1986

39   Division 6 of Part II

Repeal the Division, substitute:

Division 6 - Reconsideration of decisions by Commission

31 Commission may initiate reconsideration of decisions

(1) This section applies in relation to any decision of the Commission in respect of the following claims or applications (including a decision under section 20 or 21 but not a decision under subsection 19A(1)):

(a) a claim for a pension under section 14;

(b) an application for a pension, or for an increased pension, under section 15;

(c) an application for attendant allowance under section 98.

(2) Section 347 of the MRCA applies in relation to the decision as if:

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

(b) a reference in that section to the Commission were a reference to the Repatriation Commission.

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

(3) If a determination (the reconsideration determination ) is made under subsection 347(3) of the MRCA because of the operation of subsection (2) 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; and

(c) a reference in that section to the Commission were a reference to the Repatriation Commission.

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