Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p35
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 84332–86975

pension assessments
"35. (1) Where the Commission or a Pensions Committee—
    (a) has made a determination assessing the rate of pension of an Australian mariner;
    (b) has made a determination refusing to alter the existing assessment of the rate of pension of an Australian mariner; or
    (c) has made a determination that—
        (i) an Australian mariner has an incapacity that is directly attributable to a war injury sustained by the mariner; and
        (ii) the incapacity is so slight that it does not warrant a pension assessment,
the mariner may, within 3 months after the service on the mariner, in accordance with section 8a, of a copy of the determination of the Commission or the Pensions Committee or, if the mariner was at any time during that period of 3 months a resident of the Torres Strait Islands, within a further period of 3 months after the expiration of that first period of 3 months, make application to the Tribunal for a review of that determination.
"(2) A reference in a paragraph of sub-section (1) to a determination of a Pensions Committee shall be read as including a reference to a decision of the Commission affirming, varying or annulling a determination of a Pensions Committee that is a determination of the kind referred to in that paragraph.

Decision of Tribunal
"36. (1) In a proceeding on a review under this Part, the Tribunal shall have regard to the evidence that was before the Commission or the Pensions Committee when the decision the subject of the review was made and to any further evidence before the Tribunal in the proceeding that was not before the Commission or the Pensions Committee but would have been relevant to the making of a decision in the proceeding before the Commission or the Pensions Committee.
"(2) On the completion of its consideration in a proceeding on a review under this Part, the Tribunal shall—
    (a) if it is satisfied that the decision the subject of the review is not the decision that the Tribunal would have made if it had conducted the proceeding in which the decision was made—set aside that decision and substitute for that decision such decision as the Tribunal considers to be in accordance with this Act; or
    (b) if it is not so satisfied—affirm the decision the subject of the review.

Application of certain provisions of the Repatriation Act
"37. (1) Part IIIa (other than sections 107vc, 107vd, 107ve, 107vg and 107vh), and Parts IIIb and IIIc, of the Repatriation Act 1920 apply to, and in relation to, an application under this Part as if the application were an application under Part IIIa of that Act.

"(2) For the purposes of the