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VETERANS' ENTITLEMENTS ACT 1986 - SECT 175

Applications for review

             (1)  If:

                     (a)  a decision of the Commission has been reviewed by the Board upon an application made under section 135; and

                     (b)  either:

                              (i)  the Board affirms or varies the decision; or

                             (ii)  the Board sets aside the decision in circumstances where subparagraph 139(3)(c)(i) or (ii) applies;

applications may be made to the Administrative Appeals Tribunal for review of the decision of the Board.

       (1AA)  For the purposes of subsection (1), the decision made by the Board is taken to be:

                     (a)  if the Board affirms a decision--that decision as affirmed; or

                     (b)  if the Board varies a decision--that decision as varied; or

                     (c)  if the Board sets aside a decision in circumstances where subparagraph 139(3)(c)(i) or (ii) applies--the decision made by the Board in substitution for the decision so set aside.

          (1A)  If the Commission under section 13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Appeals Tribunal for a review of the decision.

             (2)  Where the Commission, under section 57B, affirms a decision of the Commission referred to in section 57 or sets it aside and substitutes another decision for it, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

          (2A)  If the Commission, under section 64C, affirms a decision of the Commission referred to in that section or sets it aside and substitutes another decision, a person may apply to the Administrative Appeals Tribunal for review of the decision so affirmed or substituted.

          (2B)  If the Commission under section 79U:

                     (a)  affirms a decision of the Commission referred to in subsection 79T(1); or

                     (b)  sets it aside and substitutes another decision for it;

a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

          (2C)  If the Commission, under section 93ZB, affirms a decision of the Commission referred to in section 93Z or sets it aside and substitutes another decision, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

          (2D)  If the Commission, under section 118ZU, affirms a decision of the Commission referred to in section 118ZS or sets it aside and substitutes another decision for it, a person may apply to the Administrative Appeals Tribunal for a review of the decision so affirmed or substituted.

          (2E)  A person's right to apply to the Administrative Appeals Tribunal under any of subsections (1A) to (2D) is subject to section 29 of the Administrative Appeals Tribunal Act 1975 .

Note:          Section 29 of the Administrative Appeals Tribunal Act 1975 deals with the manner of applying for review.

             (3)  Where the Commission varies a decision under subsection 31(2) after an application had been made to the Administrative Appeals Tribunal for a review of that decision but before the determination of that application, then, unless the applicant for the review withdraws the application, the application shall be treated as if it were an application for a review of the decision as so varied.

             (4)  Where the Commission, under section 115, affirms a decision of the Commission in respect of an application for an allowance, payment or benefit referred to in subsection 115(1), or sets aside such a decision and substitutes another decision for it, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for a review:

                     (a)  of the decision so affirmed; or

                     (b)  of the decision made by the Commission under section 115 in substitution for the decision so set aside.

             (5)  If the Commission, under subsection 116D(2):

                     (a)  affirms a decision of the Commission under subsection 116C(1); or

                     (b)  sets aside such a decision and substitutes another decision for it;

then, subject to section 29 of the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for a review:

                     (c)  of the decision so affirmed; or

                     (d)  of the decision made by the Commission in substitution for the decision so set aside.



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