Document ID: chunk:federal_register_of_legislation:F2019L00825:reg:5:p1
Version: federal_register_of_legislation:F2019L00825
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 1027–3987

5  Procedures for making claims or applications or giving other documents

           (1)          A claim, application or other document under the Act:

               (a)             is to be in writing; and

               (b)            is to be made or given, as the case requires, by lodging it at an office of the Department in Australia.

           (2)          Section 5T of the Veterans' Entitlements Act 1986 is taken to apply to the lodgement of a claim, application or other document under the Treatment Benefits (Special Access) Act 2019 as if it were a claim, application or other document that could be made or given under the Veterans' Entitlements Act 1986.

       Note 1: Section 5T of the Veterans' Entitlements Act regulates the lodgement of claims, applications and other documents under that Act, and provides for physical and electronic lodgements.

       Note 2: The Veterans' Entitlements (Electronic Lodgement Approval) Instrument 2018 made under section 5T of the Veterans' Entitlements Act 1986 applies to electronic lodgements. The Veterans' Entitlements (Electronic Lodgement Approval) Instrument 2018 is available at: http://clik.dva.gov.au/legislation-library. It is not a legislative instrument within the meaning of the Legislation Act 2003.

     6  Additional procedures – sections 9, 10, 24, 25, 33 and 37 of the Act

           (1)          A claim under section 9 of the Act is to be in the form approved by the Secretary of the Department.

           (2)          A notice to withdraw a claim under section 10 of the Act is to contain the name and address of the person withdrawing the claim including, if appropriate, the name and address of the person on whose behalf the claim is being withdrawn.

           (3)          A claim under section 24 of the Act is to be in the form approved by the Secretary of the Department.

           (4)          A notice to withdraw a claim under section 25 of the Act is to contain:

               (a)   the name and address of the person withdrawing the claim including, if appropriate, the name and address of the person on whose behalf the claim is being withdrawn; and

               (b)   details of the claim.

           (5)          A request for a review under section 33 of the Act of a decision made by the Commission is to contain:

               (a)   the name and address of the person requesting the review including, if appropriate, the name and address of the person on whose behalf the request is made; and

               (b)   details of the decision to be reviewed; and

               (c)   the grounds for the review.

           (6)          A notice to withdraw a request for review of a decision under section 37 of the Act is to contain:

               (a)   the name and address of the person withdrawing the request for review including, if appropriate, the name and address of the person on whose behalf the request