Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)
Schedule 5 Repatriation Medical Authority and Specialist Medical Review Council
Military Rehabilitation and Compensation Act 2004
26 After Chapter 9
Insert:
Chapter 9A - Repatriation Medical Authority
Part 1 - Simplified outline of this Chapter
370A Simplified outline of this Chapter
The Repatriation Medical Authority is continued in existence under Part 2 of this Chapter.
Part 2 also sets out the Authority's functions. The Authority's main function is to determine Statements of Principles. A Statement of Principles is an instrument that sets out all factors related to service that have been found to cause specific injuries, diseases or death.
Part 3 sets out the process for determining Statements of Principles.
Part 4 deals with the administration of the Authority, and includes provisions relating to Authority members, acting Authority members and meetings of the Authority.
Part 5 deals with staff, consultants, delegations by the Chair of the Authority and the Authority's annual report.
Part 7 of the Acts Interpretation Act 1901 also has provisions that are relevant to Authority members and acting Authority members.
Part 2 - Establishment of Authority
370B Establishment
(1) The Repatriation Medical Authority that was, immediately before the commencement of this section, in existence by virtue of the VEA, is continued in existence under the same name.
(2) The Authority:
(a) is a body corporate with perpetual succession; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) Debts incurred by the Authority in the performance of its functions are, for all purposes, taken to be debts incurred by the Commonwealth.
370BA Application of the Public Governance, Performance and Accountability Act 2013 to the Authority
Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Authority is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.
Note: This means that the Authority members are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013.
370BB Functions and powers of the Authority
(1) The functions of the Authority are:
(a) to determine Statements of Principles; and
(b) any other function conferred on the Authority by this Act, the regulations or any other law of the Commonwealth.
(2) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Part 3 - Statements of Principles
Division 1 - Preliminary
370C Meaning of related to service
A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it was contributed to in a material degree by, or was aggravated by, that service; or
(d) in the case of a factor causing, or contributing to, an injury - it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon the person having rendered that service; or
(e) in the case of a factor causing, or contributing to, a disease - it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon the person having rendered that service; or
(f) in the case of a factor causing, or contributing to, the death of a person - it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon the person having rendered that service; or
(g) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty.
370CA Meaning of sound medical-scientific evidence
Information about a particular kind of injury, disease or death is taken to be sound medical-scientific evidence if:
(a) the information:
(i) is consistent with material relating to medical science that has been published in a medical or scientific publication and has been, in the opinion of the Authority, subjected to a peer review process; or
(ii) in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of a medical condition; and
(b) in the case of information about how that kind of injury, disease or death may be caused - meets the applicable criteria for assessing causation currently applied in the field of epidemiology.
Division 2 - Determining Statements of Principles
370CB Determining Statement of Principles - reasonable hypothesis
(1) If the Authority is of the view that there is sound medical-scientific evidence that indicates that a particular kind of injury, disease or death can be related to one of the following kinds of service rendered by a person:
(a) warlike service;
(b) non-warlike service;
(c) British nuclear test defence service;
(d) hazardous service;
the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
Note 1: The Authority is required to make and amend a Statement of Principles in certain circumstances (see section 370CG).
Note 2: The Authority must also make a Statement of Principles for determining claims using the reasonable hypothesis standard of proof when directed by the Review Council (see subsection 370CN(1)).
Note 3: This Act applies in relation to operational service as if it were warlike service or non-warlike service (see section 443).
(2) The Statement of Principles must set out:
(a) the factors that must as a minimum exist; and
(b) which of those factors must be related to service rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.
370CC Determining Statement of Principles - balance of probabilities
(1) If the Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that a particular kind of injury, disease or death can be related to one of the following kinds of service rendered by a person:
(a) peacetime service;
(b) service to which a claim mentioned in subsection 120B(1) of the VEA relates;
the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
Note 1: The Authority is required to make and amend a Statement of Principles in certain circumstances (see section 370CG).
Note 2: The Authority must also make a Statement of Principles for determining claims using the balance of probabilities standard of proof when directed by the Review Council (see subsection 370CN(3)).
(2) The Statement of Principles must set out:
(a) the factors that must exist; and
(b) which of those factors must be related to service rendered by a person;
before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.
Division 3 - Investigations by the Authority
Subdivision A - When investigations must be carried out
370CD Initial investigation
If the Authority:
(a) receives a request under section 370CH to carry out an investigation in respect of a particular kind of injury, disease or death; or
(b) of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated to find out whether a Statement of Principles may be determined in respect of it;
the Authority must carry out an investigation to obtain information that would enable the Authority to establish:
(c) how the injury may be suffered or sustained, the disease may be contracted or the death may occur; and
(d) the extent (if any) to which the injury, disease or death may be a service injury, a service disease or a service death.
Note 1: After carrying out an investigation under this section, the Authority must either make a Statement of Principles, or make a declaration stating it does not propose to make a Statement of Principles (see section 370CG).
Note 2: This section does not mean that the Authority must carry out an investigation before it can determine a Statement of Principles under section 370CB or 370CC.
370CE Subsequent investigation
(1) If the Authority:
(a) receives a request under section 370CH to review:
(i) some or all of the contents of a Statement of Principles; or
(ii) a decision of the Authority not to make a Statement of Principles in respect of a particular kind of injury, disease or death; or
(b) thinks that there are grounds for such a review; or
(c) is directed by the Review Council under subsection 380CA(2) to carry out an investigation in respect of a particular kind of injury, disease or death;
the Authority must carry out an investigation to find out if there is new information available about:
(d) how the injury may be suffered or sustained, the disease may be contracted or the death may occur; or
(e) the extent (if any) to which the injury, disease or death may be a service injury, a service disease or a service death.
Note: The Authority is not required to carry out an investigation in certain circumstances (see section 370CF).
(2) If the investigation:
(a) relates to a request under section 370CH to review some of the contents of a Statement of Principles; or
(b) is one to which paragraph (1)(b) of this section applies and that relates to some of the contents of a Statement of Principles; or
(c) is carried out because of a direction under subsection 380CA(2) by the Review Council, following a request to the Review Council under section 380CC to review the Authority's refusal to carry out an investigation relating to a request under section 370CH, to review some of the contents of a Statement of Principles;
the Authority may limit its investigation to matters relating to those contents.
Note: After carrying out an investigation under this section, the Authority must either make or amend a Statement of Principles, or make a declaration stating it does not propose to make or amend a Statement of Principles (see section 370CG).
370CF Circumstances when investigation not required
(1) If:
(a) the Authority has carried out an investigation in respect of a particular kind of injury, disease or death; and
(b) within 12 months after the Authority has, at the end of the investigation:
(i) determined or amended a Statement of Principles; or
(ii) declared that it does not propose to make or amend a Statement of Principles;
a person or organisation asks the Authority under section 370CH to review:
(iii) some or all of the contents of the Statement of Principles; or
(iv) its decision not to make a Statement of Principles; and
(c) the Authority thinks that there are no grounds for such a review;
the Authority may decide not to carry out an investigation in respect of that kind of injury, disease or death.
(2) The Authority may decide not to carry out an investigation in respect of a request for a review of a kind mentioned in paragraph 370CH(2)(b) or (c) if:
(a) the request does not state the grounds on which the review is sought; or
(b) the Authority considers that the request does not identify sufficient relevant information:
(i) to support the grounds on which the review is sought; or
(ii) to otherwise justify the review; or
(c) the request is vexatious or frivolous.
(3) If the Authority decides under subsection (1) or (2) not to carry out an investigation, it must inform the person or organisation in writing of the decision, stating the reasons for it.
Subdivision B - Action following investigation
370CG Action following investigation
Decision to determine etc. a Statement of Principles
(1) If, after carrying out an investigation under section 370CD, the Authority is of the view that there is sound medical-scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death, the Authority must do so as soon as practicable.
(2) If, after carrying out an investigation under section 370CE, the Authority is of the view that there is a new body of sound medical-scientific evidence that, together with sound medical-scientific evidence previously considered by the Authority, justifies the determination, or amendment, of a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death that can be related to service rendered by a person, the Authority must do one or more of the following as the case requires:
(a) determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death;
(b) amend an existing Statement of Principles in respect of that kind of injury, disease or death;
(c) revoke an existing Statement of Principles, and determine a new Statement of Principles under section 370CB or 370CC, in respect of that kind of injury, disease or death.
Decision not to determine etc. Statement of Principles
(3) If, after carrying out an investigation under section 370CD in respect of a particular kind of injury, disease or death, the Authority is of the view:
(a) that there is no sound medical-scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death; or
(b) that the sound medical-scientific evidence on which it can rely is insufficient to allow it to do so;
the Authority must make a declaration in writing:
(c) stating that it does not propose to make a Statement of Principles; and
(d) giving the reasons for its decision.
(4) If, after carrying out an investigation under section 370CE in respect of a particular kind of injury, disease or death, the Authority is of the view:
(a) that there is no new sound medical-scientific evidence about that kind of injury, disease or death; or
(b) that the new sound medical-scientific evidence available is not sufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined in respect of that kind of injury, disease or death;
the Authority must make a declaration in writing:
(c) stating that it does not propose to make a Statement of Principles, or amend the Statement of Principles already determined (as the case may be); and
(d) giving the reasons for its decision.
Notice of decision not to determine etc. Statement of Principles
(5) If the Authority decides not to make, or not to review or not to amend, a Statement of Principles, it must, within 14 days, notify the Commission in writing of its decision.
(6) If the decision is made following a request from a person or organisation under section 370CH, the Authority must also notify the person or organisation in writing of its decision.
Decisions not legislative instruments
(7) A declaration under subsection (3) or (4) is not a legislative instrument.
Subdivision C - Requests for investigation or review
370CH Request for investigation or review
(1) Any of the following may request the Authority to carry out an investigation or review of a kind mentioned in subsection (2):
(a) the Commission;
(b) a person eligible to make a claim for compensation under section 319;
(c) an organisation representing veterans, Australian mariners or members of the Forces (all within the meaning of the VEA);
(d) an organisation representing members or their dependants.
(2) For the purposes of subsection (1), the kinds of investigation or review are as follows:
(a) an investigation under section 370CD in respect of a particular kind of injury, disease or death;
(b) a review of a decision of the Authority not to make a Statement of Principles in respect of a particular kind of injury, disease or death following an investigation under section 370CD;
(c) a review of some or all of the contents of a Statement of Principles.
(3) A request under subsection (1) must be made:
(a) in a form approved by the Authority; and
(b) in a manner approved by the Chair of the Authority.
(4) If the request is a request for a review of a kind mentioned in paragraph (2)(b) or (c), the request must also:
(a) state the grounds on which the review is sought; and
(b) identify any information relied on to support those grounds.
370CI Authority may consolidate requests
If:
(a) 2 or more requests for review are made under section 370CH; and
(b) the requests are in relation to the same injury, disease or death;
the Authority may carry out one investigation in relation to those requests.
Subdivision D - Conduct of investigations
370CJ Notice of investigation
(1) As soon as practicable after the Authority:
(a) has been asked under section 370CH to carry out:
(i) an investigation; or
(ii) a review of a decision of the Authority not to make a Statement of Principles; or
(iii) a review of some or all of the contents of a Statement of Principles;
regarding a particular kind of injury, disease or death; or
(b) has decided on its own initiative to carry out such an investigation or such a review;
the Authority must, by notifiable instrument:
(c) give notice stating that the Authority intends to carry out an investigation in respect of that kind of injury, disease or death; and
(d) invite persons or organisations authorised under subsection 370CL(1) to do so to make written submissions to the Authority.
(2) The notifiable instrument under subsection (1):
(a) must specify:
(i) the date on which the Authority will hold its first meeting for the purposes of the investigation; and
(ii) the date by which all submissions must have been received by the Authority; and
(b) must be made at least 28 days before the date of the first meeting of the Authority.
(3) A failure to comply with paragraph (2)(a) does not affect the validity of the notifiable instrument.
370CK Powers of Authority with respect to investigations
(1) The Authority may not, for the purposes of an investigation, carry out any new research work (including any test or experiment).
(2) The Authority may, for the purposes of an investigation, ask the Secretary:
(a) to forward to the Authority any information:
(i) in the possession of the Secretary; or
(ii) that the Secretary may obtain;
relating to the kind of injury, disease or death under investigation; or
(b) to carry out research (including any test or experiment) to obtain, confirm or disprove specific information about the kind of injury, disease or death under investigation and forward a report to the Authority.
(3) In forming any view during the investigation, the Authority:
(a) may rely only on sound medical-scientific evidence:
(i) that has been submitted to it; or
(ii) that it has obtained on its own initiative or from the Secretary (under subsection (2)) or from a consultant; and
(b) must consider and evaluate all the evidence so made available to it.
370CL Submissions to the Authority
(1) If the Authority is carrying out an investigation under section 370CD or 370CE, any person or organisation referred to in any of paragraphs 370CH(1)(a) to (d) may make a submission in writing to the Authority on any matter (other than a legal matter) relevant to the investigation.
(2) A person having expertise in a field relevant to the investigation may make a submission in writing to the Authority on any matter (other than a legal matter) within the person's expertise that is relevant to the investigation.
(3) If an individual, the Commission or an organisation has made a written submission, the individual or the individual's representative, or a representative of the Commission or of the organisation may, subject to subsection (4), appear before the Authority to make an oral submission complementing the written submission. The oral submission may not cover any legal matter.
(4) A person or organisation may not be represented before the Authority by a legal practitioner.
Division 4 - Matters relating to reviews by the Review Council
370CM Authority to send information to Review Council
The Authority must, within 28 days after being notified that the Review Council has been asked to review:
(a) a Statement of Principles; or
(b) a decision of the Authority not to determine a Statement of Principles in respect of a particular kind of injury, disease or death; or
(c) a decision of the Authority not to amend a Statement of Principles in respect of a particular kind of injury, disease or death; or
(d) a decision of the Authority under subsection 370CF(1) not to carry out an investigation in respect of a particular kind of injury, disease or death;
send to the Review Council a copy of all the information that was available to the Authority when it:
(e) determined, amended, or last amended, the Statement of Principles; or
(f) decided, or last decided, not to determine, or not to amend, a Statement of Principles in respect of that kind of injury, disease or death; or
(g) decided not to carry out the investigation.
370CN Action following review by Review Council
Determining a Statement of Principles where directed by the Review Council - reasonable hypothesis
(1) If, after reviewing a decision of the Authority not to determine a Statement of Principles under section 370CB in respect of a particular kind of injury, disease or death, the Review Council directs the Authority under subsection 380C(4) to determine such a Statement of Principles, the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
(2) The Statement of Principles must set out, in accordance with the direction of the Review Council:
(a) the factors that must as a minimum exist; and
(b) which of those factors must be related to service rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.
Determining a Statement of Principles where directed by the Review Council - balance of probabilities
(3) If, after reviewing a decision of the Authority not to determine a Statement of Principles under section 370CC in respect of a particular kind of injury, disease or death, the Review Council directs the Authority under subsection 380C(4) to determine such a Statement of Principles, the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
(4) The Statement of Principles must set out, in accordance with the direction of the Review Council:
(a) the factors that must exist; and
(b) which of those factors must be related to service rendered by a person;
before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.
Amending a Statement of Principles where directed by the Review Council
(5) If, under subsection 380C(4), the Review Council directs the Authority to amend a Statement of Principles in respect of a kind of injury, disease or death, the Authority must do so in accordance with the directions of the Review Council.
Requirements where Statement of Principles made or amended under this section
(6) A Statement of Principles as determined or amended under this section:
(a) is taken to have commenced on the day on which the Review Council made the notifiable instrument under subsection 380C(4) directing the Authority to do so; and
(b) must specify that day.
(7) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a Statement of Principles determined or amended under this section.
Amendment and revocation of Statement of Principles made or amended under this section
(8) A Statement of Principles, as determined or amended under this section, may be amended or revoked by the Authority in the same way as if it had been determined or amended under section 370CB or 370CC, as applicable.
Part 4 - Administration
Division 1 - Membership etc.
370D Membership
The Authority consists of the Chair of the Authority and 4 other members.
370DA Appointment of Authority members
(1) The Authority members are to be appointed by the Minister by written instrument.
Note: An Authority member may be reappointed (see section 33AA of the Acts Interpretation Act 1901).
(2) The Minister must not appoint a person as Chair of the Authority unless the person is a medical practitioner, or a medical scientist, with at least 10 years' experience.
(3) In making appointments, the Minister must ensure that at least one Authority member has at least 5 years' experience in the field of epidemiology.
370DB Basis and period of appointment
(1) An Authority member is to be appointed on a part-time basis.
(2) An Authority member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
370DC Acting appointments
The Minister may, by written instrument, appoint an Authority member to act as the Chair of the Authority:
(a) during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
370DD Remuneration
(1) An Authority member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Authority member is to be paid the remuneration that is prescribed under subsection (4).
(2) An Authority member is to be paid the allowances that are prescribed under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
370DE Other terms and conditions
An Authority member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
370DF Resignation
(1) An Authority member may resign the Authority member's appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
370DG Termination of appointment
The Minister may terminate the appointment of an Authority member:
(a) for misbehaviour; or
(b) if the Authority member is unable to perform the duties of the Authority member's office because of physical or mental incapacity; or
(c) if the Authority member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Authority member's creditors; or
(iv) makes an assignment of the Authority member's remuneration for the benefit of the Authority member's creditors; or
(d) the Authority member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Division 2 - Procedures of the Authority
370DH Convening meetings
(1) The Authority must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chair of the Authority may convene a meeting at any time.
370DI Presiding at meetings
The Chair of the Authority must preside at all meetings of the Authority.
370DJ Quorum
(1) At a meeting of the Authority, a quorum is constituted by 3 Authority members.
(2) However, if:
(a) an Authority member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Authority with respect to a particular matter; and
(b) when the Authority member leaves the meeting concerned there is no longer a quorum present;
the remaining Authority members constitute a quorum for the purposes of any deliberation or decision at that meeting with respect to that matter.
370DK Voting at meetings
(1) A question arising at a meeting of the Authority is to be determined by a majority of the votes of the Authority members present and voting.
(2) The Chair of the Authority has a deliberative vote but, if the votes are equal, does not have a casting vote.
370DL Conduct of meetings
The Authority may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Authority members may participate in meetings.
370DM Minutes
The Authority must keep minutes of its meetings.
Part 5 - Other matters
370E Staff
(1) Any staff required to assist the Authority are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary.
(2) When performing services for the Authority, the staff are subject to the directions of the Authority.
370EA Consultants
(1) The Authority may engage consultants to provide expert advice to the Authority about any disease, injury or death that the Authority is investigating.
(2) The Authority must not engage a consultant without the approval of the Minister.
370EB Delegation by Chair of the Authority
(1) The Chair of the Authority may, in writing, delegate the Chair's power under subsection 370DH(2) to:
(a) an Authority member; or
(b) a member of the staff assisting the Authority.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated power, the delegate must comply with any written directions of the Chair.
370EC Annual report
The Authority must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Authority's activities during the financial year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.
Chapter 9B - Specialist Medical Review Council
Part 1 - Simplified outline of this Chapter
380A Simplified outline of this Chapter
The Specialist Medical Review Council is continued in existence under Part 2 of this Chapter.
Part 2 also sets out the Review Council's functions. The Review Council's main function is to review decisions of the Authority in relation to Statements of Principles.
Part 3 sets out the process for reviews undertaken by the Review Council.
Part 4 deals with the administration of the Review Council, and includes provisions relating to Councillors and meetings of the Review Council.
Part 5 deals with staff and delegations by the Convener of the Review Council.
Part 7 of the Acts Interpretation Act 1901 also has provisions that are relevant to Councillors.
Part 2 - Establishment of Review Council
380B Establishment
(1) The Specialist Medical Review Council that was, immediately before the commencement of this section, in existence by virtue of the VEA, is continued in existence under the same name.
(2) The Review Council:
(a) is a body corporate with perpetual succession; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) Debts incurred by the Review Council in the performance of its functions are, for all purposes, taken to be debts incurred by the Commonwealth.
380BA Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council
Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Review Council is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.
Note: This means that the Councillors are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013.
380BB Functions and powers of the Review Council
(1) The functions of the Review Council are:
(a) to review decisions made by the Authority in relation to Statements of Principles; and
(b) any other function conferred on the Review Council by this Act, the regulations or any other law of the Commonwealth.
(2) The Review Council has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Part 3 - Reviews by the Review Council
Division 1 - Review of decisions of the Authority
380C Review of decision relating to Statement of Principles
When review is to be carried out
(1) If the Review Council is asked under section 380CB to review:
(a) some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or
(b) a decision of the Authority not to determine a Statement of Principles in respect of a particular kind of injury, disease or death; or
(c) a decision of the Authority not to amend a Statement of Principles in respect of a particular kind of injury, disease or death;
then, subject to subsection (2), the Review Council must, for that purpose, carry out a review of all the information that was available to the Authority when it:
(d) determined, amended, or last amended, the Statement of Principles; or
(e) decided, or last decided, not to determine, or not to amend, a Statement of Principles;
in respect of that kind of injury, disease or death.
(2) If the Review Council has been asked to review some or all of the contents of a Statement of Principles, the Review Council may carry out a review under subsection (1) only if:
(a) the period within which the Statement of Principles may be disallowed under section 42 of the Legislation Act 2003 has ended; and
(b) the Statement of Principles has not been disallowed.
(3) If:
(a) the Review Council has been asked to review some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; and
(b) there is another Statement of Principles in force in respect of that kind of injury, disease or death, but the Review Council has not been asked to review some or all of the contents of that other Statement of Principles;
then the Review Council must also review that other Statement of Principles by reviewing the information subsection (1) requires it to review in reviewing the Statement of Principles it has been asked to review.
Outcome of review
(4) If, after carrying out the review, the Review Council is of the view that there is sound medical-scientific evidence on which the Authority could have relied:
(a) to amend either or both of the Statements of Principles in force in respect of that kind of injury, disease or death; or
(b) to determine a Statement of Principles in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration stating its views, setting out the evidence in support and:
(c) directing the Authority to amend either or both of the Statements of Principles, or determine a Statement of Principles (as the case may be), in accordance with the directions given by the Review Council; or
(d) remitting the matter for reconsideration by the Authority in accordance with any directions or recommendations of the Review Council.
(5) If, after carrying out the review, the Review Council is of the view:
(a) that there is no sound medical-scientific evidence that justifies the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death; or
(b) that the sound medical-scientific evidence available to the Authority is insufficient to justify the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration to that effect giving the reasons for its decision. The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
Notification of outcome of review
(6) The Review Council must give a copy of the notifiable instrument made under subsection (4) or (5) to:
(a) the person or organisation that asked for the review; and
(b) the Commission (if it is not the person referred to in paragraph (a) of this subsection); and
(c) the Authority.
380CA Review of decision not to carry out investigation
(1) If the Review Council is asked under section 380CC to review a decision of the Authority under subsection 370CF(1) not to carry out an investigation in respect of a particular kind of injury, disease or death, the Review Council must consider:
(a) the reasons given by the Authority for making the decision; and
(b) the information on which the Authority relied in making that decision; and
(c) the grounds on which the request for the review was made and any submission made in support of those grounds.
(2) If, after considering the matters referred to in paragraphs (1)(a), (b) and (c), the Review Council is of the view that:
(a) there appears to be a new body of sound medical-scientific evidence in respect of that kind of injury, disease or death that has not been previously considered by the Authority; and
(b) that new body of evidence, together with the sound medical-scientific evidence available to the Authority, could justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration to that effect giving the reasons for its decision and directing the Authority to carry out an investigation under subsection 370CE in respect of that kind of injury, disease or death. The Review Council may include in the declaration any recommendation or direction that the Review Council considers fit to make about the carrying out of the investigation.
(3) If, after considering the matters referred to in paragraphs (1)(a), (b) and (c), the Review Council is not of the view referred to in subsection (2) in respect of that kind of injury, disease or death, the Review Council must, by notifiable instrument, make a declaration:
(a) affirming the decision of the Authority not to carry out the investigation; and
(b) giving the reasons for its decision.
The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
(4) The Review Council must give a copy of the notifiable instrument made under subsection (2) or (3) to:
(a) the person or organisation that asked for the review; and
(b) the Commission (if it is not the person referred to in paragraph (a) of this subsection); and
(c) the Authority.
Division 2 - Requests for review
380CB Request for review of contents of Statement of Principles
(1) Subject to subsection (2), any of the following:
(a) the Commission;
(b) a person eligible to make a claim for compensation under section 319;
(c) an organisation representing veterans, Australian mariners or members of the Forces (all within the meaning of the VEA);
(d) an organisation representing members or their dependants;
may ask the Review Council to review:
(e) some or all of the contents of a Statement of Principles; or
(f) a decision of the Authority not to make, or not to amend, a Statement of Principles in respect of a particular kind of injury, disease or death.
(2) The request must be made:
(a) in the case of a request to review some or all of the contents of a Statement of Principles - within 3 months after the Statement of Principles was made, amended or last amended; or
(b) in any other case - within 3 months after the decision of the Authority.
(3) A request must:
(a) state the grounds on which the review is sought; and
(b) be made in a manner approved by the Convener of the Review Council.
(4) The Review Council must notify the Secretary and the Authority of the request within 28 days after receiving the request.
380CC Request for review of decision of Authority not to carry out an investigation
(1) If:
(a) a person or organisation asks the Authority under section 370CH to review:
(i) some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or
(ii) the Authority's decision not to make a Statement of Principles in respect of a particular kind of injury, disease or death; and
(b) the Authority refuses under subsection 370CF(1) to carry out an investigation in respect of that kind of injury, disease or death;
the person or organisation may, within 3 months after the refusal, ask the Review Council to review the decision of the Authority not to carry out the investigation.
(2) The request must:
(a) state the grounds on which the review is sought; and
(b) be accompanied by any submission that the person or organisation wishes to submit in support of those grounds; and
(c) be made in a manner approved by the Convener of the Review Council.
(3) The Review Council must notify the Secretary and the Authority of the request within 28 days after receiving the request.
Division 3 - Conduct of investigations
380CD Notice of investigation
(1) As soon as practicable after the Review Council has been asked under section 380CB to review:
(a) a decision of the Authority not to make, or not to amend, a Statement of Principles in respect of a particular kind of injury, disease or death; or
(b) some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death;
the Review Council must, by notifiable instrument:
(c) give notice stating that the Review Council intends to carry out a review of the information available to the Authority about that kind of injury, disease or death; and
(d) invite persons or organisations authorised under subsection 380CE(1) to do so to make written submissions to the Review Council.
(2) The notifiable instrument under subsection (1):
(a) must specify the date by which all submissions must have been received by the Review Council; and
(b) must be made at least 28 days before the date of the first meeting of the Review Council for the purposes of the review.
(3) A failure to comply with paragraph (2)(a) does not affect the validity of the notifiable instrument.
380CE Submissions to Review Council
(1) If the Review Council is carrying out a review under section 380C, any person or organisation referred to in any of paragraphs 380CB(1)(a) to (c) may make a submission in writing to the Review Council about any information ( relevant information ) that was both available to the Authority and is relevant to the review.
(2) A person having expertise in a field relevant to the investigation may make a submission in writing to the Review Council on any relevant information pertaining to that field.
(3) If an individual, the Commission or an organisation has made a written submission, the individual or the individual's representative, or a representative of the Commission or of the organisation may, subject to subsection (5), appear before the Review Council to make an oral submission complementing the written submission.
(4) If the Review Council is carrying out a review under section 380CA at the request of an individual, the Commission or an organisation, the individual or the individual's representative, or a representative of the Commission or of the organisation may, subject to subsection (5), appear before the Review Council to make an oral submission complementing the written submission (if any) made under paragraph 380CC(2)(b).
(5) A person or organisation may not be represented before the Review Council by a legal practitioner.
(6) In this section, a reference to a submission does not include a submission on a legal matter.
Division 4 - Payment of medical and travelling expenses
380CF Medical expenses
(1) The Commonwealth may, subject to this section, pay to a person (the applicant ) who asks the Review Council to conduct a review under this Part an amount to cover the medical expenses incurred by the applicant in respect of medical evidence relevant to, and obtained by the applicant for the purposes of, the review and submitted to the Review Council.
(2) The applicant must not be paid more than the amount prescribed by, or worked out in accordance with, the regulations.
(3) An amount is not payable in respect of medical expenses unless:
(a) the person who has incurred the expenses; or
(b) any person approved by that person or by the Review Council;
applies in writing to the Review Council for payment.
(4) The application for payment must:
(a) be made within 3 months after the medical evidence was submitted to the Review Council; and
(b) be accompanied by any document that the applicant considers relevant; and
(c) be made in a manner approved by the Convener of the Review Council.
380CG Travelling expenses for obtaining medical evidence
(1) If the applicant has had to travel to obtain any medical evidence submitted to the Review Council as mentioned in subsection 380CF(1), the applicant is, subject to this section, entitled to be paid in relation to that travel the travelling expenses that are prescribed.
(2) If:
(a) the applicant is accompanied by an attendant when travelling to obtain the evidence; and
(b) the Review Council is of the view that it is reasonable for the applicant to be so accompanied by an attendant;
the attendant is, subject to this section, entitled to be paid in relation to that travel the travelling expenses that are prescribed.
(3) Travelling expenses are not payable in respect of travel outside Australia.
(4) Travelling expenses are not payable unless:
(a) the person who has incurred the expenses; or
(b) any person approved by that person or by the Review Council;
applies in writing to the Review Council for payment under subsection (5).
(5) The application for payment must:
(a) be made within:
(i) 3 months after the completion of the travel; or
(ii) if the Review Council thinks that there are exceptional circumstances that justify extending that period - such further period as the Review Council allows; and
(b) be accompanied by any document that the applicant considers relevant; and
(c) be made in a manner approved by the Convener of the Review Council.
(6) The Commonwealth is to pay the travelling expenses to which a person is entitled under this section.
380CH Advance of travelling expenses for obtaining medical evidence
(1) If the Review Council is satisfied that:
(a) it is reasonable to expect that a person may become entitled to travelling expenses under section 380CG; and
(b) it is appropriate, in all the circumstances, that the person should be paid an advance on account of those expenses;
the Review Council may authorise the payment of that advance to the person.
(2) If:
(a) a person has received an advance on account of any travelling expenses that the person is likely to incur; and
(b) the person:
(i) does not incur those travelling expenses; or
(ii) incurs travelling expenses that are less than the amount of the advance;
the person is liable to repay to the Commonwealth:
(c) the amount of the advance; or
(d) the difference between the amount of the advance and the amount of the travelling expenses;
as the case requires.
380CI Travelling expenses for making oral submissions
(1) If:
(a) either:
(i) the Review Council is carrying out a review under section 380C and an individual, or an organisation referred to in paragraph 380CB(1)(c), has made a written submission in relation to the review; or
(ii) the Review Council is carrying out a review under section 380CA at the request of an individual or an organisation; and
(b) a person who is one of the following appears before the Review Council to make an oral submission in relation to the review:
(i) the individual or the individual's representative;
(ii) a representative of the organisation;
the person is, subject to this section, entitled to be paid, for travel that the person undertook to appear, the travelling expenses that are prescribed.
(2) If:
(a) the person is accompanied by an attendant when travelling to appear before the Review Council; and
(b) the Review Council is of the view that it is reasonable for the person to be so accompanied by an attendant;
the attendant is, subject to this section, entitled to be paid, for that travel, the travelling expenses that are prescribed.
(3) Travelling expenses are not payable in respect of travel outside Australia.
(4) Travelling expenses are not payable unless:
(a) the person who has incurred the expenses; or
(b) any person approved by that person or by the Review Council;
applies in writing to the Review Council for payment and the Review Council approves the application.
(5) The application made under subsection (4) must:
(a) be made within 3 months after the completion of the travel; and
(b) be accompanied by any document that the person making the application considers relevant; and
(c) be made in a manner approved by the Convener of the Review Council.
(6) The Commonwealth is to pay the travelling expenses to which a person is entitled under this section.
Part 4 - Administration
Division 1 - Membership etc.
380D Membership
(1) The Review Council consists of such number of Councillors as are appointed by the Minister from time to time.
(2) The Minister may appoint the number of Councillors that the Minister consider necessary for the proper exercise of the functions of the Review Council.
380DA Appointment of Councillors
(1) The Councillors are to be appointed by the Minister by written instrument.
Note: A Councillor may be reappointed (see section 33AA of the Acts Interpretation Act 1901).
(2) The Minister must appoint one of the Councillors to be the Convener.
380DB Qualification for appointment
(1) The Minister must not appoint a person to be a Councillor unless the person is a medical practitioner, or a medical scientist, with at least 10 years' experience.
(2) In making appointments, the Minister must:
(a) ensure that at least one Councillor has at least 5 years' experience in the field of epidemiology; and
(b) have regard to the branches of medical science expertise which would be necessary for deciding matters referred to the Review Council for review.
380DC Basis and period of appointment
(1) A Councillor is to be appointed on a part-time basis.
(2) A Councillor holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
380DD Acting appointments
The Minister may, by written instrument, appoint a Councillor to act as the Convener of the Review Council:
(a) during a vacancy in the office of the Convener (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Convener:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
380DE Remuneration
(1) A Councillor is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Councillor is to be paid the remuneration that is prescribed under subsection (4).
(2) A Councillor is to be paid the allowances that are prescribed under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
380DF Other terms and conditions
A Councillor holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
380DG Resignation
(1) A Councillor may resign the Councillor's appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
380DH Termination of appointment
The Minister may terminate the appointment of a Councillor:
(a) for misbehaviour; or
(b) if the Councillor is unable to perform the duties of the Councillor's office because of physical or mental incapacity; or
(c) if the Councillor:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Councillor's creditors; or
(iv) makes an assignment of the Councillor's remuneration for the benefit of the Councillor's creditors; or
(d) the Councillor fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Division 2 - Procedures of the Review Council
380DI Constitution of Review Council for reviews
The Review Council is, for the purposes of a review under Part 3, to be constituted by at least 3, but not more than 5, Councillors selected by the Convener of the Review Council.
380DJ Convening meetings
The Convener of the Review Council or the presiding Councillor may convene such meetings of the Review Council as are necessary to carry out a review under Part 3.
380DK Presiding at meetings
(1) If the Review Council as constituted for the purposes of a review under Part 3 includes the Convener of the Review Council, the Convener must preside at all meetings of the Review Council as so constituted at which the Convener is present.
(2) If the Review Council as constituted for the purposes of a review under Part 3 does not include the Convener, the Convener must appoint a Councillor (the presiding Councillor ) selected for the purposes of the review to preside at all meetings of the Review Council as so constituted at which the presiding Councillor is present.
380DL Voting at meetings
(1) A question arising at a meeting of the Review Council is to be determined by a majority of the votes of the Councillors present and voting.
(2) The person presiding at a meeting of the Review Council has a deliberative vote but, if the votes are equal, does not have a casting vote.
380DM Conduct of meetings
The Review Council may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Councillors may participate in meetings.
380DN Minutes
The Review Council must keep minutes of its meetings.
Part 5 - Other matters
380E Staff
(1) Any staff required to assist the Review Council are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary.
(2) When performing services for the Review Council, the staff are subject to the directions of the Review Council.
380EA Delegation by Convener of the Review Council
(1) The Convener of the Review Council, or a presiding Councillor, may, in writing, delegate their power under section 380DJ to:
(a) a Councillor; or
(b) a member of the staff assisting the Review Council.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated power, the delegate must comply with any written directions of the Convener or the presiding Councillor (as the case requires).