Military Rehabilitation and Compensation Act 2004

On review of an original determination, the Board must have regard to:

the evidence that was before the Commission when the determination was made; and

any further evidence before the Board on the review that was not before the Commission, being further evidence relevant to the review.

It is the duty of the Board, in reviewing an original determination, to satisfy itself with respect to, or to determine, as the case requires, all matters relevant to the review.

For the purpose of reviewing an original determination, the Board may exercise all the powers and discretions that are conferred on the Commission by:

this Act; and

if the determination was made under another Act—that other Act;

On review of an original determination, the Board must make a decision, in writing:

affirming the original determination; or

varying the original determination; or

setting aside the original determination and:

making a decision in substitution for the original determination; or

making a decision in substitution for the original determination 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

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