VETERANS' ENTITLEMENTS ACT 1986 - SECT 176 Application of Administrative Appeals Tribunal Act

VETERANS' ENTITLEMENTS ACT 1986 - SECT 176

  (1)   The Administrative Appeals Tribunal Act 1975 applies in relation to reviewable decisions as if paragraph   25(3)(a) of that Act had been omitted.

  (2)   For the purposes of the application of section   27 of the Administrative Appeals Tribunal Act 1975 to and in relation to a reviewable decision:

  (a)   if that decision is a decision of the Commission as varied by the Board--the Commission shall be taken to be a person whose interests are affected by that reviewable decision; and

  (b)   if the Board has set aside a decision of the Commission under section   19 or 31 of this Act and made another decision in substitution for the decision so set aside--the Commission shall be taken to be a person whose interests are affected by the decision of the Board to set aside the decision of the Commission and by the decision of the Board made in substitution for the decision so set aside.

  (3)   Section   28 of the Administrative Appeals Tribunal Act 1975 does not apply to or in relation to a person whose interests are affected by a reviewable decision:

  (a)   in the case of a decision of a kind referred to in paragraph   175(1AA)(a) or (c) or in subsection   175(2), (2A), (2D) or (4)--if the person has been served with a copy of that decision and with the statement related to that decision in accordance with section   34, 57E, 64F, 118ZX or 140 of this Act, whichever was applicable; or

  (b)   in the case of a decision of a kind referred to in paragraph   175(1AA)(b)--if the person has been served with copies of the decision made by the Commission and of the decision made by the Board varying that decision made by the Commission, and with the respective statements related to those decisions, in accordance with section   34 or 140 of this Act, whichever was applicable.

  (4)   Section   29 of the Administrative Appeals Tribunal Act 1975 applies to and in relation to an application to the Administrative Appeals Tribunal for a review of a reviewable decision:

  (a)   as if "ending 3 months" were substituted for "ending on the twenty - eighth day" in subsection   (2) of that section; and

  (b)   as if at the end of subsection   (7) there were added "until such date, being a date not more than 12 months after the date on which the document setting out the terms of the decision was furnished to the applicant, as the Tribunal deems fit".

  (5)   Section   30 of the Administrative Appeals Tribunal Act 1975 applies to a proceeding before the Administrative Appeals Tribunal for a review of a reviewable decision as if paragraphs   (1)(a) and (b) of that section were omitted.

  (6)   Subject to section   30 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with subsection   (5) of this section, the parties to a proceeding before the Administrative Appeals Tribunal for a review of a reviewable decision are:

  (a)   if the person who has duly applied for a review of the decision is a person other than the Commission:

  (i)   the person who has so applied; and

  (ii)   the Commission; or

  (b)   in any other case:

  (i)   the Commission; and

  (ii)   the veteran, or dependant of a deceased veteran, affected by that decision.

  (7)   Notwithstanding subsection   43(1) of the Administrative Appeals Tribunal Act 1975 , where the Administrative Appeals Tribunal sets aside a decision under subsection   31(6) to cancel or suspend, or reduce the rate of, a pension or attendant allowance, or a decision under subsection   31(8) to increase the rate of a pension or attendant allowance, being:

  (a)   a decision of the Commission that has been affirmed by the Board; or

  (b)   a decision of the Board that was made in substitution for a decision of the Commission;

the Administrative Appeals Tribunal need not make another decision in substitution for the decision so set aside.

  (8)   Notwithstanding subsection   43(1) of the Administrative Appeals Tribunal Act 1975 , where the Administrative Appeals Tribunal sets aside a decision:

  (a)   to cancel or suspend a pension under section   56E; or

  (b)   to reduce the rate of a pension under section   56D; or

  (c)   to increase the rate of a pension under section   56C;

and the decision was one that was:

  (d)   affirmed by the Commission under section   57B; or

  (e)   made by the Commission in substitution for a decision set aside under section   57B;

the Administrative Appeals Tribunal need not make another decision in substitution for the decision set aside by it.

  (9)   Despite subsection   43(1) of the Administrative Appeals Tribunal Act 1975 , if the Administrative Appeals Tribunal:

  (a)   sets aside a decision that a person ceases to be entitled to a seniors health card; and

  (b)   the decision was one that was:

  (i)   affirmed by the Commission under section   118ZU; or

  (ii)   made by the Commission in substitution for a decision set aside under that section;

the Tribunal need not make another decision in substitution for the decision set aside by it.