Document ID: chunk:federal_register_of_legislation:C2024C00866:section:34
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 34
Character Range: 417670–419987

34  Reasons for decisions to be given
 (1) Where the Commission makes a decision:
 (a) with respect to a claim for a pension in accordance with section 14, or an application for a pension or increased pension in accordance with section 15;
 (b) by way of assessing the rate of a pension or attendant allowance, or determining the date of commencement or cessation of a pension or attendant allowance;
 (c) to vary a decision upon a review carried out under section 31;
 (d) to cancel or suspend a pension or attendant allowance under subsection 31(6); or
 (e) to decrease the rate of a pension or attendant allowance under subsection 31(6) or to increase the rate of a pension or attendant allowance under subsection 31(8);
the Commission shall make a written record of its decision together with a statement in writing setting out its findings on material questions of fact, referring to the evidence or other material on which those findings are based and giving its reasons for the decision.
 (2) As soon as practicable after the Commission makes a decision referred to in subsection (1), the Commission shall, subject to subsection (3), cause to be served:
 (a) in the case of a decision in respect of a claim or application—on the claimant or applicant; or
 (b) in the case of a decision of a kind referred to in paragraph (1)(b), (c), (d) or (e)—on the person affected by the decision;
a copy of its decision and of the statement relating to the decision made by it in accordance with subsection (1), together with particulars of the right of the person on whom it is served to have the decision reviewed by the Board.
 (3) Where the statement prepared by the Commission in pursuance of subsection (1) upon the making of a decision referred to in that subsection contains or refers to any information, opinion or other matter:
 (a) that, in the opinion of the Commission, is of a confidential nature; or
 (b) that, in the opinion of the Commission, it might be prejudicial to the physical or mental health or well‑being of the person on whom a copy of the statement is required to be served to communicate to that person;
the document served on the person in pursuance of subsection (2) shall not contain or refer to that information, opinion or matter.

Part III—Service pensions

Division 1—General features