Section 176 — Veterans' Entitlements Act 1986: Application of Administrative Review Tribunal Act

(3) Section 268 of the Administrative Review Tribunal Act 2024 does not apply to or in relation to a person whose interests are affected by a reviewable decision if: (a) the decision is of a kind referred to in subsection 175(2), (2A), (2D) or (4); and (b) the person has been served with a copy of that decision, and with the statement related to that decision, in accordance with section 57E, 64F, 118ZX or 140 of this Act, whichever was applicable. (4) Despite section 18 of the Administrative Review Tribunal Act 2024, an application to the Administrative Review Tribunal for review of a decision must be made within the period of 3 months after the applicant is given a document setting out the terms of the decision. (4A) Despite section 19 of the Administrative Review Tribunal Act 2024, the Administrative Review Tribunal must not extend the period during which an application may be made beyond the period of 12 months after the day on which the document setting out the terms of the decision was given to the applicant. (5) Despite subsection 22(1) of the Administrative Review Tribunal Act 2024, the parties to a proceeding before the Administrative Review Tribunal for a review of a reviewable decision are: (a) if the person who has applied for a review of the decision is a person other than the Commission: (i) the person who has so applied; and (ii) the Commission; or (b) in any other case: (i) the Commission; and (ii) the veteran, or dependant of a deceased veteran, affected by that decision. (8) Despite section 105 of the Administrative Review Tribunal Act 2024, where the Administrative Review Tribunal sets aside a decision: (a) to cancel or suspend a pension under section 56E; or (b) to reduce the rate of a pension under section 56D; or (c) to increase the rate of a pension under section 56C; and the decision was one that was: (d) affirmed by the Commission under section 57B; or (e) made by the Commission in substitution for a decision set aside under section 57B; the Tribunal need not make another decision in substitution for the decision set aside by it. (9) Despite section 105 of the Administrative Review Tribunal Act 2024, where the Administrative Review Tribunal: (a) sets aside a decision that a person ceases to be entitled to a seniors health card; and (b) the decision was one that was: (i) affirmed by the Commission under section 118ZU; or (ii) made by the Commission in substitution for a decision set aside under that section; the Tribunal need not make another decision in substitution for the decision set aside by it. (10) Despite section 123 of the Administrative Review Tribunal Act 2024, an application cannot be made under that section to refer a decision of the Tribunal in relation to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act.