Victorian Consolidated Legislation

Coal Mines (Pensions) Act 1958 - SECT 113

Applications for pensions

113. Applications for pensions



(1) Every application for a pension-

   (a)  shall be in or to the effect of the prescribed form;

   (b)  shall contain such particulars as are prescribed;

   (c)  shall be verified as prescribed; and

   (d)  shall be lodged with or forwarded to the Registrar.





(2) Upon receipt of any such application the Registrar shall make or cause to
be made such investigations as appear to him desirable or as are directed,
either generally or in any particular case, by the Chairman or by the
Tribunal.

(3) Upon completion of his investigations the Registrar shall submit the
application together with a full report of the result of his investigations to
the Tribunal.

(4) The Tribunal shall thereupon consider the application and the report.

(5) The Tribunal may allow or disallow the application or may refer the
application to the Accident Compensation Tribunal.

(6) Any person aggrieved by a determination of the Tribunal as to his
liability to contribute to the fund or as to his eligibility to receive a
pension may within the prescribed period appeal against such determination to
the Accident Compensation Tribunal.

(7) The Accident Compensation Tribunal shall have jurisdiction to hear and
determine any application referred or appeal made to it under this section and
in the case of an appeal the Accident Compensation Tribunal shall have
jurisdiction, if it upholds the appeal, to award costs against the Tribunal
and determine the amount thereof.

(8) The power to make rules conferred on the Accident Compensation Tribunal by
the Accident Compensation Act 1985 shall extend to the making of rules for
regulating the procedure and practice of that Tribunal in dealing with
applications referred and appeals made to it under this section and for
prescribing all matters which are necessary or convenient to be prescribed by
such rules in relation to the exercise of the jurisdiction conferred upon that
Tribunal by this section.

(9) The decision of the Accident Compensation Tribunal on any application
referred to it or any appeal under this section shall be final and conclusive
and shall be binding upon the applicant and the Tribunal.

(10) Where the Tribunal allows the application it shall in its determination
specify the rate of pension (including any additional amounts) awarded, and
the date as from which the pension is to be payable.

(11) Where the Tribunal refers the application to the Accident Compensation
Tribunal the Accident Compensation Tribunal shall in its determination specify
the rate of pension (including additional amounts) awarded and the date as
from which the pension is to be payable.

Any such determination shall be embodied in an order and a copy thereof shall
be lodged with the Registrar and filed by him with the records of the
Tribunal.

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