Document ID: chunk:federal_register_of_legislation:C2024C00866:section:115:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 115 (pt 1/2)
Character Range: 1463402–1465972

115  Review of decision etc.
 (1) Subject to subsection (2), a person who is dissatisfied with a decision of the Commission in respect of an application for:
 (a) clothing allowance; or
 (aa) bereavement payment under section 98AA; or
 (b) funeral benefits under section 99 or 100; or
 (c) decoration allowance; or
 (d) Victoria Cross allowance; or
 (e) recreation transport allowance; or
 (g) loss of earnings allowance;
may request the Commission, in writing, to review the decision, and, where such a request is duly made, the Commission shall review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision).
 (1A) A request under subsection (1) must be lodged with the Commission at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.
 (2) A request under subsection (1) to review a decision of the Commission shall set out particulars of the grounds on which the request is made, and may be made within 3 months after service on the person to whom the decision relates of notice of the decision, but not otherwise.
 (3) Where the Commission reviews a decision under subsection (1), the Commission may affirm or set aside the decision and, if it sets aside the decision, it shall make such other decision as it considers to be in accordance with this Act.
 (4) Where the Commission makes a decision, in substitution for the decision set aside, granting an application for an allowance specified in subsection (1), it may approve payment of the allowance as from a date not earlier than the date as from which the Commission could have approved payment of the allowance if it had made the substituted decision in place of the original decision.
 (5) Sections 57D, 57E and 57F apply to a review under this section in like manner as they apply to a review under Division 16 of Part IIIB and, for the purpose of their application to a review under this section:
 (a) references in sections 57D, 57E and 57F to Division 16 of Part IIIB shall be read as references to this section; and
 (b) references in section 57F to a review shall be read as references to a review under subsection (1) of this section.
 (6) A reference in subsection (1) to a decision in respect of an application for funeral benefits under section 99 shall be read as not including a reference to a decision of the Commission to grant, or refuse to grant, an approval of a kind referred to in