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VETERANS' ENTITLEMENTS ACT 1986 - SECT 132

Payment of travelling expenses in certain cases

             (1)  Subject to such conditions as are prescribed, where:

                     (a)  a claimant; or

                     (b)  a person likely to be affected by a review under section 31;

travels:

                     (c)  within Australia, for the purpose of attending, at the request of the Commission or a delegate of the Commission, before the Commission or such a delegate for a discussion in relation to the claim or review; or

                     (d)  within or outside Australia, for the purpose of attending, at the request of the Secretary or the Commission, for a medical examination or medical investigation related to the claim or review;

he or she is entitled to receive such travelling expenses in connection with that travel as are prescribed.

             (2)  Subject to such conditions as are prescribed, an attendant who travels in Australia for the purpose of accompanying a claimant or person likely to be affected by a review under section 31 to a discussion, or for a medical examination or a medical investigation referred to in subsection (1) of this section, is entitled to be paid such travelling expenses in connection with that travel as are prescribed.

             (3)  Subject to such conditions as are prescribed, a person summoned under section 32 or 57F to give evidence or produce documents, or both, is entitled to receive such travelling expenses in connection with his or her travel to give that evidence or produce those documents, or both, as are prescribed.

             (4)  Subject to such conditions as are prescribed, an attendant who travels in Australia for the purpose of accompanying a person referred to in subsection (3) when that person gives evidence or produces documents, or both, in pursuance of a summons under section 32 or 57F is entitled to be paid such travelling expenses in connection with that travel as are prescribed.

             (5)  Subject to such conditions as are prescribed, an applicant for a review under section 135 is entitled, if the applicant travels in Australia for the purpose of attending a hearing of the review by the Board, to receive such travelling expenses in connection with that travel as are prescribed.

             (6)  Subject to such conditions as are prescribed, an attendant who travels in Australia for the purpose of accompanying an applicant referred to in subsection (5) to a hearing of a review is entitled to be paid such travelling expenses in connection with that travel as are prescribed.

             (7)  Subject to such conditions as are prescribed, where:

                     (a)  the party (not being the Commission) to proceedings for a review of a reviewable decision who made application for the review under section 175; or

                     (b)  if the Commission made application for the review--the other party to the proceedings for the review whose interests are affected by the reviewable decision;

travels within Australia for the purpose of attending before the Administrative Appeals Tribunal in connection with the review, the party is entitled to receive such travelling expenses in connection with that travel as are prescribed.

             (8)  Subject to such conditions as are prescribed, an attendant who travels within Australia for the purpose of accompanying a party referred to in subsection (7) on an attendance before the Administrative Appeals Tribunal referred to in that subsection is entitled to be paid such travelling expenses in connection with that travel as are prescribed.

             (9)  Where a claim for a pension:

                     (a)  is made on behalf of the claimant:

                              (i)  by a person who is a dependant of the claimant; or

                             (ii)  by a person approved under paragraph 16(b), (c) or (d) to make the claim on behalf of the claimant; or

                     (b)  is prosecuted by a person who is the legal personal representative of the claimant, or by a person approved under section 126, following the death of the claimant;

and that person travels within Australia with the approval of the Commission for the purpose of:

                     (c)  an investigation, by the Department or the Commission, of the claim; or

                     (d)  attending at a hearing of a review of a decision, in respect of the claim, of the Commission by the Board;

the person is, subject to such conditions as are prescribed, entitled to be paid such travelling expenses in connection with that travel as are prescribed.

           (10)  Travelling expenses to which a person is entitled to under this section are payable by the Commonwealth.

           (11)  Where a person who has travelled in Australia is entitled to be paid travelling expenses under this section in connection with that travel, application for payment of travelling expenses in respect of that travel:

                     (a)  may be made:

                              (i)  by that person; or

                             (ii)  with the approval of that person or, if that person is, by reason of physical or mental ailment or of that person's death, unable to approve a person to make the application on his or her behalf, with the approval of the Commission, by another person on behalf of that person;

                     (b)  shall be made in writing and in accordance with a form approved by the Commission;

                     (c)  shall be accompanied by such evidence available to the applicant as the applicant considers may be relevant to the application;

                     (d)  is to be lodged in accordance with subsection (11A); and

                     (e)  must be made within:

                              (i)  12 months after the completion of that travel; or

                             (ii)  if the Commission thinks that there are exceptional circumstances that justify extending that period--such further period as the Commission allows.

        (11A)  An application:

                     (a)  unless it is an application to which paragraph (b) applies--must be lodged at an office of the Department in Australia in accordance with section 5T; and

                     (b)  if it is an application in respect of travel referred to in subsection (5) or (6)--must either:

                              (i)  be communicated to the Board in accordance with the directions of the Principal Member given under subsection 148(5); or

                             (ii)  be lodged at an office of the Department in Australia in accordance with section 5T.

        (11B)  If an application is communicated to the Board in accordance with the directions of the Principal Member given under subsection 148(5), it is taken to have been made on a day determined in accordance with those directions.

        (11C)  If an application is lodged with an office of the Department in Australia in accordance with section 5T, it is taken to have been made on a day determined under that section.

           (12)  In this section claim means a claim in accordance with section 14, 35B, 36D, 37D, 38D or 45I, an application in accordance with section 15 and an application for a review under Division 16 of Part IIIB, section 115 or 135 and claimant has a corresponding meaning.



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