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SECRETARY

DEPARTMENT OF VETERANS' AFFAIRS

Australian Participants in British Nuclear Tests (Treatment) Act 2006

 Veterans' Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006

Instrument No. S29/2006

I, Mark Sullivan, Secretary of the Department of Veterans' Affairs, pursuant to section 6 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act), hereby determine the procedures for making claims or applications, or giving documents.

Dated this 13th   day of  December   2006

MARK SULLIVAN

1 Name of Determination

    This Determination is the Veterans' Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006.

2 Commencement

    This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Definitions

 In this Determination:

    Act means the Australian Participants in British Nuclear Tests (Treatment) Act 2006.

    Commission means the Repatriation Commission continued in existence by section 179 of the Veterans' Entitlements Act 1986.

    4 Procedures for making claims or applications or giving documents

         (1) A claim, application, request or notice (hereinafter such matters are referred to as a claim) is to be in writing and is only taken to have been made or given, as the case requires, when it is lodged at an office of the Department of Veterans' Affairs in Australia.

         (2) Subject to subsection (3), subsection 5T(2) of the Veterans' Entitlements Act 1986, in force from time to time, including any matter approved by the Commission under subsection 5T(2) as at the commencement of this Determination, is taken to apply to a claim as if the claim could be made or given under that Act.

         (3)             Additional procedures for, or in respect of, a person making a claim are:

              (a) For a person making a claim under section 8 of the Act that he or she is an eligible person under the Act (treatment claim), the claim is to be in the form approved by the Secretary of the Department of Veterans' Affairs;

              (b) For a person withdrawing a treatment claim under section 9 of the Act by giving notice, the notice is to contain the details in Schedule 1;

              (c) For a person making a claim under section 21 of the Act that he or she is entitled to be paid travelling expenses under the Act (travel claim), the claim is to be in the form approved by the Secretary of the Department of Veterans' Affairs;

              (d) For a person withdrawing a travel claim under section 22 of the Act by giving notice, the notice is to contain the details in Schedule 2;

              (e) For a person requesting a review under section 24 of the Act of a decision