Document ID: chunk:federal_register_of_legislation:C2015C00049:clause:8_353a
Version: federal_register_of_legislation:C2015C00049
Segment Type: clause
Provision Reference: sch 8 cl 353A
Character Range: 70506–72901

353A  Remittal power of Board

Joint claim
 (1) If:
 (a) a person makes a joint claim under paragraphs 319(1)(a) and (d) in respect of a service injury or a service disease; and
 (b) the Commission makes a determination rejecting the claim; and
 (c) the person applies to the Board for review of the determination; and
 (d) the Board makes a determination, favourable to the person, in relation to the claim, to the extent it relates to paragraph 319(1)(a);
the Board may require the Commission to reconsider the claim, to the extent it relates to paragraph 319(1)(d).
Note: A determination of the Board under paragraph (d) is a reviewable determination and may be reviewed under Part 5.
 (2) The Commission must then reconsider the claim, to the extent it relates to paragraph 319(1)(d), and must:
 (a) carry out an assessment of the person's needs under section 325; and
 (b) make a determination in relation to the claim, to the extent it relates to paragraph 319(1)(d).
Note: A determination of the Commission under paragraph (b) is an original determination and may be reconsidered under Part 3 or reviewed under this Part.

Separate claims
 (3) If:
 (a) a person makes a claim under paragraph 319(1)(a) in respect of a service injury or a service disease and, before the Commission has determined that claim, the person makes another claim under paragraph 319(1)(d) in respect of the injury or disease; and
 (b) the Commission makes determinations rejecting the claims; and
 (c) the person applies to the Board for review of the determinations; and
 (d) the Board makes a determination, favourable to the person, in relation to the claim under paragraph 319(1)(a);
the Board may require the Commission to reconsider the claim under paragraph 319(1)(d).
Note: A determination of the Board under paragraph (d) is a reviewable determination and may be reviewed under Part 5.
 (4) The Commission must then reconsider the claim under paragraph 319(1)(d) and must:
 (a) carry out an assessment of the person's needs under section 325; and
 (b) make a determination in relation to the claim under paragraph 319(1)(d).
Note: A determination of the Commission under paragraph (b) is an original determination and may be reconsidered under Part 3 or reviewed under this Part.

No limit on Board's powers
 (5) This section does not limit the Board's powers on a review of an original determination.