Section 116D — Veterans' Entitlements Act 1986: Review of Commission’s decisions

(1) A person who is dissatisfied with a decision of the Commission under subsection 116C(1) or 116CC(1) may, in writing, request the Commission to review the decision. (1A) A request under subsection (1) is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section. (2) If a written request is made, the Commission must review the decision, or cause the decision to be reviewed by a person to whom the Commission has delegated its powers under this section (not being the person who made the decision). (3) When the Commission reviews a decision under subsection (2), it must make a written record of its decision (the review decision) upon review. (4) The written record must include a statement that: (a) sets out the Commission’s findings on material questions of fact; and (b) refers to the evidence or other material on which those findings are based; and (c) provides reasons for the review decision. (5) If the review decision affirms or sets aside a decision under subsection 116C(1) or 116CC(1), it must give the person who requested the review of the decision: (a) a copy of the Commission’s review decision; and (b) subject to subsection (6), a copy of the statement about the review decision; and (c) a statement that the person has a right to apply to the Administrative Review Tribunal for a review of the review decision. (6) If the statement referred to in paragraph (5)(b) contains any matter that, in the opinion of the Commission: (a) is of a confidential nature; or (b) might, if communicated to the person who requested review, be prejudicial to his or her physical or mental health or well-being; the copy given to the person is not to contain that matter.