Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p34
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 81826–84585

referred to in sub-paragraph (i) or (iv) of paragraph (a), or paragraph (d), of section 5.

No action for making statements under proceedings, &c.
41. Section 8b of the Principal Act is amended—
    (a) by inserting in paragraph (a) "8 or" after "section"; and
    (b) by omitting paragraph (b) and substituting the following paragraph:
        "(b) the service on a person, in accordance with section 8a, of a copy of a determination, decision or assessment.".

Medical reports
42. Section 14 of the Principal Act is amended by omitting from sub-section (3) "an Appeal Tribunal" and substituting "the Tribunal".
43. After Part III of the Principal Act the following Part is inserted:
"PART IV—REVIEW OF DECISIONS OF THE COMMISSION OR A PENSIONS COMMITTEE

Tribunal may review decisions refusing entitlement to pension
"34. (1) Where the Commission has made a determination refusing a claim by a person for a pension or other benefit under this Act arising out of the incapacity or death of an Australian mariner on the ground that—
    (a) the mariner is not suffering from any incapacity; or

    (b) the incapacity or death of the mariner is not directly attributable to a war injury sustained by the mariner,
the claimant may make application to the Tribunal for a review of the determination of the Commission.
"(2) A reference in sub-section (1) to a determination of the Commission shall be read as including a reference to a decision of the Commission affirming, varying or annulling a determination of a Pensions Committee that would, if it were a determination of the Commission, be a determination of the kind referred to in that sub-section.
"(3) 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 of the Tribunal, under sub-section (2) of section 107vm of the Repatriation Act 1920 in its application by virtue of section 37 of this Act, notifies the applicant that, in his opinion, further evidence submitted by the applicant under that sub-section would have been relevant to the making of a decision in the proceeding before the Commission the decision in which was affirmed by the relevant decision,
the applicant may again make application for a review of that decision of the Commission.

Tribunal may review 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