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VETERANS' ENTITLEMENTS ACT 1986 - SECT 138A Board may remit matters to Commission for further consideration

VETERANS' ENTITLEMENTS ACT 1986 - SECT 138A

Board may remit matters to Commission for further consideration

  (1)   At any stage of a review of a decision of the Commission, the Board may remit the decision to the Commission for the Commission to reconsider the decision.

Role of Commission

  (2)   If a decision is remitted to the Commission, the Commission must reconsider the decision and must:

  (a)   affirm the decision; or

  (b)   vary the decision; or

  (c)   set aside the decision and make a new decision in substitution for the decision set aside.

  (3)   If the Commission affirms the decision, the review resumes.

  (4)   If the Commission varies the decision:

  (a)   the application for review is taken to be an application for review of the decision as varied; and

  (b)   the person who made the application may:

  (i)   proceed with the application for review of the decision as varied; or

  (ii)   withdraw the application.

  (5)   If the Commission sets aside the decision and makes a new decision in substitution for the decision set aside:

  (a)   the application is taken to be an application for review of the new decision; and

  (b)   the person who made the application may:

  (i)   proceed with the application for review of the new decision; or

  (ii)   withdraw the application.

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