Document ID: chunk:federal_register_of_legislation:F2025L00207:body:0:p13
Version: federal_register_of_legislation:F2025L00207
Segment Type: other
Provision Reference: 
Character Range: 32174–34951

(a) a copy of its decision; and
 (b) particulars of the veteran's right to have the decision reviewed.

5.2—Review of decisions by the Repatriation Commission

5.2.1  Who may seek a review
  A veteran who is dissatisfied with a decision of the Commission under:
 (a) section 115F of the Act; or
 (b) this Scheme (other than a decision that has been reviewed by the Commission under paragraph 5.2.4);
may apply to the Commission to review the decision.

5.2.2  Making a request for review
  An application for review of a decision must:
 (a) be made within 3 months after the veteran was notified of the decision in accordance with paragraph 5.1.1; and
 (b) set out the grounds on which the request is made; and
 (c) be in writing.

5.2.4  Review by the Commission
  If an application for review of a decision is made in accordance with paragraph 5.2.1, the Commission must review the decision.

5.2.5  Delegate cannot review own decision
  If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision.

5.2.6  The Commission's powers on review
  If the Commission reviews a decision under this Scheme, the Commission must affirm the decision or set it aside.

5.2.7  Substituted decision
  If the Commission sets the decision aside it must substitute a new decision in accordance with this Scheme.

5.2.8  Notification of decisions upon review
  As soon as practicable after the Commission makes a decision under paragraph 5.2.6 or 5.2.7, the Commission must cause to be served on the veteran:
 (a) a copy of its decision; and
 (b) a statement of reasons for that decision; and
 (c) particulars of the veteran's right to have the decision reviewed.

5.3—Review by Tribunal
         Note: The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024, Schedule 16, Part 4 deals with the right to apply to the Administrative Appeals Tribunal that existed before 14 October 2024.

5.3.1  Application to Tribunal
  A veteran may apply to the Tribunal for a review of the decision of the Commission under paragraph 5.2.6 or 5.2.7.
           Note: The Administrative Review Tribunal Act 2024, section 34 deals with the manner of applying to the Tribunal.

5.3.2  Modification of Administrative Review Tribunal Act 2024, s 18
 (1) Despite anything else prescribed under subsection 18(1) of the Administrative Review Tribunal Act 2024 (the ART Act), an application to the Tribunal for review of a decision of the Commission under paragraph 5.2.6 or 5.2.7 must be made within 3 months from the day the statement of reasons is served in accordance with paragraph 5.2.8.
 (2) To remove any doubt, subparagraph (1) does not affect subsection 18(2) and section 19 of