VETERANS' ENTITLEMENTS ACT 1986 - SECT 119 Commission not bound by technicalities

VETERANS' ENTITLEMENTS ACT 1986 - SECT 119

  (1)   In considering, hearing or determining, and in making a decision in relation to:

  (a)   a claim or application or the grant of a veteran payment;

  (b)   a review, under Division   16 of Part   IIIB, of a decision of the Commission with respect to a pension, a veteran payment or qualifying service;

  (ba)   a review, under Division   16 of Part   IIIB, of a decision of the Commission under Part   IIIAB (pension bonus and pension bonus bereavement payment); or

  (c)   a review, under section   31, of a decision of the Commission with respect to a pension under Part   II or IV or an attendant allowance under section   98;

  (d)   the suspension or cancellation, under subsection   31(6), of a pension under Part   II or IV or an attendant allowance under section   98, the decrease in the rate of such a pension or allowance under that subsection or the increase in the rate of such a pension or allowance under subsection   31(8);

  (da)   a review, under Division   7 of Part   IVA, of a decision of the Commission with respect to an advance payment of an amount of pension;

  (e)   the suspension, cancellation or variation of a pension or a veteran payment; or

  (ee)   a review, under subsection   115(1), of a decision of the Commission in respect of an application for an allowance, payment or benefit specified in that subsection;

the Commission:

  (f)   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;

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

  (h)   without limiting the generality of the foregoing, shall 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 service of a veteran, or of a member of the Defence Force or of a Peacekeeping Force, as defined by subsection   68(1), was not reported to the appropriate authorities.

  (2)   In subsection   (1):

"application" means:

  (a)   an application to increase the rate of:

  (i)   a pension granted under Part   II or IV; or

  (ii)   a service pension granted under Part   III; or

  (iii)   income support supplement granted under Part   IIIA; or

  (b)   an application for a pension under Part   II or IV made in accordance with subsection   15(2); or

  (c)   an application to be provided with treatment under Part   V; or

  (d)   an application for an allowance, payment or benefit specified in subsection   111(1); or

  (e)   an application under Part   IIIAB for registration as a member of the pension bonus scheme.

"claim" means:

  (a)   a claim for a pension under Part   II or IV; or

  (b)   a claim for service pension or other benefit under Part   III; or

  (c)   a claim for a qualifying service determination under Part   III; or

  (d)   a claim for income support supplement under Part   IIIA; or

  (e)   a claim for a pension bonus or pension bonus bereavement payment under Part   IIIAB; or

  (f)   a claim for prisoner of war recognition supplement under Part   VIB.