Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p8
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 17408–20137

a review of that decision.
"(2) In this section, 'member of the Forces of a Commonwealth country' means a person who is a member of the Forces of a Commonwealth country within the meaning of section 98d.

Application for review
"107vf. (1) An application to the Tribunal for a review—
    (a) shall be in writing;
    (b) shall set out a statement of the reasons for the application; and
    (c) shall be forwarded to the Secretary at the appropriate address prescribed by or under section 123ac.
"(2) Where an application is lodged in accordance with sub-section (1), the Secretary shall—
    (a) within 21 days after the lodgement, notify the President of the lodgement; and
    (b) as soon as practicable thereafter, forward to the President the application and all records and other documents under the control of the Department relating to the decision to which the application relates.

Tribunal not bound by technicalities, &c.
"107vg. The Tribunal, in conducting a proceeding, or the hearing of a proceeding, or in making a decision in a proceeding, on a review—
    (a) is not bound by technicalities, legal forms or rules of evidence; and
    (b) shall act according to substantial justice and the merits and all the circumstances of the case, and, without limiting the generality of the foregoing, shall take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to—
        (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; or
        (ii) an absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the service of a member of the Forces was not reported to the appropriate authorities.

Decision of Tribunal
"107vh. (1) In a proceeding on a review, the Tribunal shall have regard to the evidence that was before the Commission or a Board 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 Board but would have been relevant to the making of a decision in the proceeding before the Commission or the Board.
"(2) On the completion of its consideration in a proceeding on a review—
    (a) where the decision the subject of the review was a decision refusing a claim or application for pension—the Tribunal shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim or application; or
    (b) in any other case—the Tribunal shall set aside