Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p6
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 12396–15210

107g,
        whichever is appropriate;
    'pension' means a pension under this Act, and includes a service pension and the amounts and allowances specified in the Schedules; 'President' means the President of the Tribunal;
    'presidential member' means the President or a Deputy President;
    'presiding member', in relation to a proceeding, means the presidential member who is to preside, or is presiding, at any hearing of the proceeding;
    'proceeding', in relation to the Tribunal, means a proceeding before the Tribunal in pursuance of an application, and includes a proceeding before the Tribunal under section 107vzb or 107vzd;
    'Services member' means a member who is a person selected from a list submitted in accordance with a request made under sub-section (3) of section 107vzh;
'war service' means—
        (a) service that is war service within the meaning of section 23,100 or 107b; or
        (b) service that is defence service within the meaning of section 107j,
whichever is appropriate.

"Division 2—Establishment of the Repatriation Review Tribunal

Establishment of Repatriation Review Tribunal
"107vb. There is hereby established a Repatriation Review Tribunal, which shall consist of a President and such number of Deputy Presidents, and such number of other members, as the Governor-General may from time to time determine.

"Division 3—Review by the Tribunal of Decisions

Review of decisions refusing entitlement to pension, other than service pension
"107vc. (1) Where the Commission has made a decision refusing a claim by a person for a pension (other than a service pension) or other benefit under this Act arising out of the incapacity or death of a member of the Forces on the ground that—
    (a) the member is not suffering from any incapacity;
    (b) the incapacity or death of the member has not resulted from any occurrence that happened during the period of his war service, or from his employment in connection with naval or military preparations or operations, or did not arise out of or is not attributable to his war service, as the case may be; or
    (c) the incapacity from which the member is suffering or from which he has died has not been contributed to in any material degree, or has not been aggravated, by the conditions of his war service,
that person may, on or after 1 July 1979, make application to the Tribunal for a review of the decision of the Commission.
"(2) Where—
    (a) the Tribunal, pursuant to an application under sub-section (1) for a review of a decision of the Commission, has made a decision (in this sub-section referred to as 'the relevant decision') affirming that decision of the Commission; and
    (b) at any time after the making of the relevant decision, the President, under sub-section (2) of section 107vm, notifies