Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 139

Decision of Board

             (1)  On review of a decision, the Board shall have regard to the evidence that was before the Commission when the decision was made and to any further evidence before the Board on the review that was not before the Commission, being further evidence relevant to the review.

             (2)  It is the duty of the Board, in reviewing a decision of the Commission, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the review.

             (3)  For the purpose of reviewing a decision of the Commission, the Board may exercise all the powers and discretions that are conferred by this Act on the Commission in like manner as they are required by this Act to be exercised by the Commission, and shall make a decision, in writing:

                     (a)  affirming the decision under review;

                     (b)  varying the decision under review; or

                     (c)  setting aside the decision under review and:

                              (i)  making a decision in substitution for the decision so set aside; or

                             (ii)  making a decision in substitution for the decision so set aside and, in relation to the substituted decision, remitting one or more matters to the Commission for consideration in accordance with any directions or recommendations of the Board; or

                            (iii)  remitting one or more matters to the Commission for reconsideration in accordance with any directions or recommendations of the Board.



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