Document ID: chunk:federal_register_of_legislation:C2004A00148:section:17:p5
Version: federal_register_of_legislation:C2004A00148
Segment Type: section
Provision Reference: s 17 (pt 5/10)
Character Range: 23162–25897

3 of the Principal Act is amended by inserting in sub-section (1), before the definition of "Australian Mariner", the following definitions:—
      "'Appeal Tribunal' means a War Pensions Entitlement Appeal Tribunal established under the Repatriation Act 1920-1974;
      'Assessment Appeal Tribunal' means an Assessment Appeal Tribunal established under the Repatriation Act 1920-1974;".

Seamen's Pensions and Allowances Committees.
38. Section 4 of the Principal Act is amended by adding at the end thereof the following sub-section:—
"(6) A question arising at a meeting of a Pensions Committee shall be decided by a majority of votes of members present and voting.".
39. After section 8 of the Principal Act the following sections are inserted: —

Appeals to War Pensions Entitlement Appeal Tribunals.
"8aa. (1) A person who has claimed a pension or other benefit under this Act arising out of the incapacity or death of an Australian mariner and whose claim has been refused by the Commission on the grounds that—
(a) the mariner is not suffering from any incapacity; or
    (b) the incapacity or death of the mariner is not directly attributable to a war injury sustained by the mariner,
may lodge with the person who is the prescribed person for the purposes of sub-section (1) of section 64 of the Repatriation Act 1920-1974 an appeal to an Appeal Tribunal against the determination of the Commission.
"(2) The person with whom an appeal is lodged under sub-section shall forward the appeal to the Commission, which shall transmit it to the Appeal Tribunal with the records in the possession of the Commission relating to the appellant.
"(3) Section 64 (other than sub-sections (1), (1a) and (2)) of the Repatriation Act 1920-1974 applies in relation to an appeal under sub-section (1) as if that appeal were an appeal under that section.

Appeals to Assessment Appeal Tribunals.
"8ab. (1) An Australian mariner—
(a) who is in receipt of a pension under this Act; or
(b) who is not in receipt of a pension under this Act but as to whom—
       (i) the Commission, a Pensions Committee or an Appeal Tribunal has determined that he has an incapacity that is directly attributable to a war injury sustained by the mariner; and
       (ii) the Commission or a Pensions Committee has decided that the incapacity is so slight that it does not warrant a pension assessment,
may, within 3 months after—
(c) the date of the notification of the assessment by the Commission or a Pensions Committee of his pension or the date of the notification of the refusal by the Commission or a Pensions Committee to alter the existing assessment; or
(d) the date of the notification by the Commission or a Pensions Committee that the incapacity of