Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p16
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 37190–39876

of proceeding of Tribunal on application under section 107vc
"107vzb. Where a decision of the Tribunal on a review pursuant to an application under section 107vc is favourable to the applicant, the Commission may, within 6 months after the service, in accordance with section 107vk, of a copy of that decision on the Commission—
    (a) submit to the Tribunal further evidence that the Commission is satisfied is evidence that would have been relevant to the making of a decision in the proceeding before the Tribunal on that review; and
    (b) request the Tribunal to rehear that proceeding, and the Tribunal may, if it thinks fit, rehear that proceeding accordingly.

Effect of decision of Tribunal on application under section 107vd
"107vzc. (1) A decision of the Tribunal on a review pursuant to an application under section 107vd shall, subject to this section and section 107vzd, be binding upon the applicant, the Commission and a Board for a period, being—
    (a) where the Tribunal specifies in the decision a period of not more than 3 years commencing on the day of the making of the decision—that period; or
    (b) in any other case—a period of 6 months commencing on the day of the making of the decision.
"(2) If, during a period referred to in sub-section (1), the applicant is of the opinion that his incapacity has increased, he is entitled to apply to the Commission or a Board for an increase in his pension assessment.
"(3) Where the Commission or a Board to whom an application is made under sub-section (2) makes a decision on the application, the applicant may, within 3 months after the service on the applicant, in accordance with section 47a, of a copy of that decision, make application under section 107vd for a review by the Tribunal of that decision.

Rehearing of proceeding by Tribunal
"107vzd. (1) Where, within 3 months after the service on an applicant, in accordance with section 107vk, of a copy of a decision of the Tribunal that is adverse to the applicant, the applicant—
    (a) satisfies the Tribunal that the applicant, or a person representing the applicant, was unable to make any submission, or present any evidence, to the Tribunal by reason that the applicant or the person representing the applicant was, due to circumstances outside his control, prevented from attending the hearing of the proceeding in which the decision was made; and
    (b) requests the Tribunal to rehear that proceeding,
the Tribunal shall rehear that proceeding.
"(2) Where, at any time after the service on the Commission, in accordance with section 107vk, of a copy of a decision of the Tribunal, the Commission forms the view that evidence in the proceeding