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

74   Before section 135

Insert:

134 Review of decisions by the Board

(1) Subject to this Part, Part 4 of Chapter 8 of the MRCA applies in relation to a decision as if:

(a) the decision were an original determination; and

(b) a person in respect of whom the decision was made were the claimant; and

(c) a reference in that Part to the Commission were a reference to the Repatriation Commission; and

(d) a reference in that Part to subsection 323(2) were a reference to section 5T of this Act; and

(e) paragraph 353Q(3)(a) of that Part referred to a claim for a pension made by a person mentioned in paragraph 132(9)(a) of this Act.

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

(2) Subject to Part X of this Act, if the Board reviews a decision (the VEA decision ) 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 VEA decision was made were the claimant; and

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

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