Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 140

             (1)  Where the Board reviews a decision of the Commission, the Board shall:

                     (a)  record its decision on the review in writing;

                     (b)  prepare a written statement setting out its reasons for that decision, including its findings on any material questions of fact, and referring to the evidence or other material on which those findings were based;

                     (c)  file the decision and the written statement with the records of the case; and

                     (d)  cause to be served on each of the relevant persons:

                              (i)  a copy of the decision; and

                             (ii)  subject to subsection (2), a copy of the written statement referred to in paragraph (b) of this subsection;

                            and on the applicant for the review, or a person authorized by the applicant, particulars of the person's right to make application to the Administrative Appeals Tribunal for a review of the decision of the Commission affirmed by that decision of the Board, the decision of the Commission as varied by that decision of the Board or the decision of the Board in substitution for the decision of the Commission set aside by the Board, as the case may be.

             (2)  Where a statement prepared by the Board in pursuance of paragraph (1)(b) upon a review of a decision of the Commission contains or refers to any information, opinion or other matter:

                     (a)  that, in the opinion of the Board, is of a confidential nature; or

                     (b)  that, in the opinion of the Board, might be prejudicial to the physical or mental health or well-being of the applicant to communicate to the applicant;

the document served on the applicant in pursuance of subparagraph (1)(d)(ii) shall not contain or refer to that information, opinion or other matter.

          (2A)  The copies of a decision and statement that are required by subsection (1) to be served on the Commission in respect of a review of a decision by the Board shall be served on the Commission by forwarding them to, or delivering them at, the prescribed address of the Commission (addressed to the Commission).

             (3)  In this section:

                     (a)  a reference to the relevant persons, in relation to a review, shall be read as a reference to:

                              (i)  the applicant for the review, or a person authorized by that applicant; and

                             (ii)  the Commission; and

                     (b)  a reference to a decision of the Board on a review shall be read as including a reference to any assessment made by the Board on the review in pursuance of subsection 139(3) or (4).