43
After Part III of the Principal Act the following Part is inserted:
“PART IV—REVIEW OF DECISIONS OF THE COMMISSION OR A PENSIONS COMMITTEE
Tribunal may review decisions refusing entitlement to pension
“34. (1) Where the Commission has made a determination refusing a claim by a person for a pension or other benefit under this Act arising out of the incapacity or death of an Australian mariner on the ground that—
the mariner is not suffering from any incapacity; or
the incapacity or death of the mariner is not directly attributable to a war injury sustained by the mariner,
the claimant may make application to the Tribunal for a review of the determination of the Commission.
“(2) A reference in sub-section (1) to a determination of the Commission shall be read as including a reference to a decision of the Commission affirming, varying or annulling a determination of a Pensions Committee that would, if it were a determination of the Commission, be a determination of the kind referred to in that sub-section.
“(3) Where—
the Tribunal, pursuant to an application under sub-section (1) for a review of a decision of the Commission, has made a decision (in this sub-section referred to as ‘the relevant decision’) affirming that decision of the Commission; and
at any time after the making of the relevant decision, the President of the Tribunal, under sub-section (2) of section 107vm of the Repatriation Act 1920 in its application by virtue of section 37 of this Act, notifies the applicant that, in his opinion, further evidence submitted by the applicant under that sub-section would have been relevant to the making of a decision in the proceeding before the Commission the decision in which was affirmed by the relevant decision,
the applicant may again make application for a review of that decision of the Commission.
Tribunal may review pension assessments
“35. (1) Where the Commission or a Pensions Committee—
has made a determination assessing the rate of pension of an Australian mariner;
has made a determination refusing to alter the existing assessment of the rate of pension of an Australian mariner; or
has made a determination that—
an Australian mariner has an incapacity that is directly attributable to a war injury sustained by the mariner; and
the incapacity is so slight that it does not warrant a pension assessment,
the mariner may, within 3 months after the service on the mariner, in accordance with section 8a, of a copy of the determination of the Commission or the Pensions Committee or, if the mariner was at any time during that period of 3 months a resident of the Torres Strait Islands, within a further period of 3 months after the expiration of that first period of 3 months, make application to the Tribunal for a review of that determination.
“(2) A reference in a paragraph of sub-section (1) to a determination of a Pensions Committee shall be read as including a reference to a decision of the Commission affirming, varying or annulling a determination of a Pensions Committee that is a determination of the kind referred to in that paragraph.
Decision of Tribunal
“36. (1) In a proceeding on a review under this Part, the Tribunal shall have regard to the evidence that was before the Commission or the Pensions Committee when the decision the subject of the review was made and to any further evidence before the Tribunal in the proceeding that was not before the Commission or the Pensions Committee but would have been relevant to the making of a decision in the proceeding before the Commission or the Pensions Committee.
“(2) On the completion of its consideration in a proceeding on a review under this Part, the Tribunal shall—
if it is satisfied that the decision the subject of the review is not the decision that the Tribunal would have made if it had conducted the proceeding in which the decision was made—set aside that decision and substitute for that decision such decision as the Tribunal considers to be in accordance with this Act; or
if it is not so satisfied—affirm the decision the subject of the review.
Application of certain provisions of the Repatriation Act
“37. (1) Part IIIa (other than sections 107vc, 107vd, 107ve, 107vg and 107vh), and Parts IIIb and IIIc, of the Repatriation Act 1920 apply to, and in relation to, an application under this Part as if the application were an application under Part IIIa of that Act.
“(2) For the purposes of the application, by virtue of sub-section (1) of this section, of the provisions of the Repatriation Act 1920 referred to in that sub-section—
a reference in those provisions to a Repatriation Board shall be read as a reference to a Pensions Committee;
a reference in those provisions to a pension shall be read as a reference to a pension under this Act;
a reference in those provisions to section 28 of that Act shall be read as a reference to section 7 of this Act;
a reference in those provisions to sections 31 of that Act shall be read as a reference to section 8 or 55, whichever is appropriate, of this Act;
a reference in those provisions to section 47a of that Act shall be read as a reference to section 8a of this Act;
a reference in those provisions to section 107vc of that Act shall be read as a reference to section 34 of this Act;
a reference in those provisions to section 107vd of that Act shall be read as a reference to section 35 of this Act;
a reference in those provisions to section 123ac of that Act shall be read as a reference to section 55b of this Act; and
a reference in section 107vk of that Act to a prescribed matter shall be read as a reference to a prescribed matter as defined in sub-section (3) of section 8a of this Act.”.
Commission may review pensions, &c.
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