Veterans' Entitlements Act 1986

When the claim is submitted to the Commission, the Commission must:

consider the claim; and

satisfy itself with respect to all matters relevant to the determination of the claim; and

determine all matters requiring determination before the claim can be determined; and

determine the claim as provided by subsection (4).

Without limiting subsection (1), the Commission, in considering the claim, must consider:

the evidence submitted with the claim under section 36K; and

any further evidence subsequently submitted to the Commission in relation to the claim.

The Commission must determine the claim as follows:

first, the Commission must determine whether the pension is to be granted to the person; and

if the Commission determines that the pension is to be granted to the person, the Commission then must:

work out the person’s age service pension rate under section 36N; and

determine that the pension is payable to the person at that rate.

When the Commission determines the claim it must make a written record of its determination.

The Commission must also make a statement in writing about the determination that:

sets out the Commission’s findings on material questions of fact; and

refers to the evidence or other material on which those findings are based; and

provides reasons for the Commission’s determination.

As soon as practicable after the Commission determines a claim under subsection (1), the Commission must give the person who made the claim:

a copy of the record of the Commission’s determination; and

subject to subsection (8), a copy of the statement about the determination referred to in subsection (6); and

particulars of the right of the person who made the claim to have the determination reviewed by the Commission.

If the statement referred to in paragraph (7)(b) contains any matter that, in the opinion of the Commission:

is of a confidential nature; or

might, if communicated to the person who made the claim, be prejudicial to his or her physical or mental health or well‑being;

A claimant may apply to the Commission for review of a determination made under this section (see Division 16 of Part IIIB).