Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p16
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 40676–43513

Principles; or

        (iv) its decision not to make a Statement of Principles; and

  (c) the Authority thinks that there are no grounds for such a review;

the Authority may decide not to carry out an investigation in respect of that kind of injury, disease or death. The Authority must then inform the person or organisation in writing of its decision, stating the reasons for it.

Disallowable instrument

"196D. A determination of the Repatriation Medical Authority under section 196B is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Request for an investigation, review etc.

  "196E.(1) Any of the following:

  (a) the Commission;

  (b) a person eligible to make a claim for a pension under Part II or IV;

     (c) an organisation representing veterans, Australian mariners, members of the Forces, members of Peacekeeping Forces or their dependants;

may ask the Repatriation Medical Authority:

     (d) to carry out an investigation under subsection 196B(4) in respect of a particular kind of injury, disease or death; or

     (e) to review a decision of the Authority under subsection 196B(6) not to make a Statement of Principles in respect of a particular kind of injury, disease or death; or

  (f) to review the contents of a Statement of Principles in force under this Part.

  "(2) The request must:

  (a) be in a form approved by the Authority; and

  (b) must be lodged at an office of the Department.

"(3) The Secretary must send the request to the Repatriation Medical Authority within 28 days.

Submissions to the Authority

"196F.(1) If the Repatriation Medical Authority is carrying out an investigation under subsection 196B(4) or (7), any person referred to in paragraph 196E(1)(a) or (b) or organisation referred to in paragraph 196E(1)(c) may make a submission in writing to the Authority on any matter (other than a legal matter) relevant to the investigation.

"(2) A person having expertise in a field relevant to the investigation may make a submission in writing to the Authority on any matter (other than a legal matter) within his or her expertise that is relevant to the investigation.

"(3) If an individual, the Commission or an organisation has made a written submission, the individual or his or her representative, or a representative of the Commission or of the organisation may, subject to subsection (4), appear before the Authority to make an oral submission complementing the written submission. The oral submission may not cover any legal matter.

"(4) A person or organisation may not be represented before the Authority by a legal practitioner.

Notice of investigation

"196G.(1) As soon as practicable after the Repatriation Medical Authority:

  (a) has been asked under section 196E to carry out:

        (i) an investigation;