Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 122AA — Use and disclosure of account details
Use (1) The Commission, a commissioner of the Commission or a staff member assisting the Commission may use the details of an account referred to in paragraph 122A(1E)(b) for the purposes of section…
Section 122B — Direct deductions at person’s request
(1) This section applies if a person is receiving instalments of a pension, allowance or other pecuniary benefit payable under this Act of a class approved by the Commission for the purposes of this…
Section 122C — Payment of pension or allowance outside Australia
If a pension, allowance or other pecuniary benefit under this Act, other than a pension or allowance to which section 58A applies, is payable to a person who is physically outside Australia, then it…
Section 123 — Interpretation
(1) In this section and sections 123A to 123E (inclusive): applicable sections means this section and sections 123A to 123E (inclusive). child, in relation to a person who has died (in this…
Section 123A — Payment of pension etc. on death of person
(1) The objects of the applicable sections are: (a) to ensure that moneys payable under this Act to a person who has died are paid out as promptly as possible; (b) to pay those moneys, so far as is…
Section 123B — Distribution where deceased leaves valid will
(1) This section applies where the Commission is satisfied that: (a) the deceased left a valid will; and (b) but for the applicable sections, the will would dispose of the deceased’s right to the…
Section 123C — Intestacy
Where the Commission is satisfied that: (a) the deceased did not leave a valid will; or (b) the deceased left a valid will but, even if the applicable sections did not apply to the amount, the will…
Section 123D — Statutory order of distribution
(1) Distribution of an amount in respect of the deceased in accordance with the statutory order shall, subject to subsections (2) and (3), be made to: (a) the known widow or widower of the deceased…
Section 123E — Non-distributable amounts
Where the Commission determines in writing that it is not possible to pay the whole or part of the distributable amount in accordance with sections 123B and 123C, that amount or that part of that…
Section 124 — Termination of pension
(1) Where a veteran or a dependant of a veteran has requested the Commission, in writing, to cancel a pension payable under Part II or IV, or an allowance under Part VI, the Commission may cancel the…
Section 125 — Pensions etc. absolutely inalienable
Subject to this Act and Parts 3B and 3C of the Social Security (Administration) Act 1999, a pension, allowance or other pecuniary benefit under this Act is absolutely inalienable, whether by way of,…
Section 126 — Death of claimant etc.
(1) On the death of a claimant, the claim does not lapse in respect of any period before the death of the claimant, but the legal personal representative of the claimant, or a person approved by the…
Section 126A — Death of a person who has not made a formal claim etc.
(1) If a deceased person has made a claim for a pension under Part II or IV in writing, but otherwise than in accordance with a form approved for the purposes of paragraph 14(3)(a), an authorised…
Section 127 — Power to obtain information
(1) The Secretary may serve on: (a) a person to whom a pension, allowance or other benefit under this Act is being paid, including a person to whom the whole or a part of such a pension, allowance or…
Section 128 — Secretary may obtain information etc.
(1) The Secretary may, for the purposes of this Act, by notice in writing given to a person (including a person employed in or in connection with a Department of the Government of the Commonwealth,…
Section 128A — Provision of tax file numbers
(1) In this section: income payment means: (a) a pension under Part II, III, IIIA or IV; or (b) a veteran payment; or (c) a loss of earnings allowance under section 108; or (d) an allowance under…
Section 129 — Self-incrimination
A person is not excused from furnishing information, producing a document or giving evidence in pursuance of a notice under section 128 on the ground that the information or evidence, or the…
Section 129A — Manner of giving notice or other document
(1) If: (a) a provision of this Act requires or permits a notice or other document to be given to a person by: (i) the Secretary, the Department, an officer of the Department or the Commission; or…
Section 130 — Furnishing of information
(1) Nothing in a law of a State or of a Territory shall operate so as to prevent a person from furnishing any information, producing any documents, or giving any evidence to an officer for the…
Section 131 — Interpretation
In sections 127 to 130 (inclusive), unless the contrary intention appears: corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.…
Section 132 — Payment of travelling expenses in certain cases
(1) Subject to such conditions as are prescribed, where: (a) a claimant; or (aa) a person whose eligibility for a veteran payment is being considered; or (b) a person likely to be affected by a…
Section 133 — Interpretation
In this Part, unless the contrary intention appears: decision means: (a) any decision of the Commission in respect of the following claims or applications (including a decision under section 20 or 21…
Section 134 — Review of decisions by the Board
(1) Subject to this Part, Part 4 of Chapter 8 of the MRCA applies in relation to a decision as if: (a) the decision were an original determination; and (b) a person in respect of whom the decision…
Section 135 — Application for review—timing requirements
(5) An application under Part 4 of Chapter 8 of the MRCA to the Board to review a decision of the Commission: (a) assessing a rate of pension or increased rate of pension; (b) refusing to grant a…
Section 136 — Application for review—who may make an application
(2) An application for review under Part 4 of Chapter 8 of the MRCA relating to a pension granted to, or claimed for, a veteran, or a dependant of a deceased veteran, may be made: (a) by the veteran…
Section 137 — Variation of pension assessment pending completion of review
If: (a) a request has been made under subsection 352J(8) of the MRCA (requests by Principal Member) in relation to a review; and (b) under subsection 352J(9) of that Act, the Board adjourns a hearing…
Section 154 — Period of operation of certain decisions of Board
(1) A decision of the Board on a review of a decision of the Commission of a kind referred to in paragraph 135(5)(a), (b), (c) or (d) shall, unless reviewed by the Administrative Review Tribunal and,…
Section 156 — Date of operation of decision by Board
(1) Except where: (a) the Board affirms the decision under review; or (b) the Board sets aside the decision under review and makes a decision in substitution for the decision set aside that has the…
Section 157 — Dates that may be specified
(1) In this section: Board’s decision, in relation to a review by the Board of a Commission’s decision, means the decision of the Board, upon its review of the Commission’s decision, setting aside…
Section 174 — Interpretation
(1) In this Part, unless the contrary intention appears, reviewable decision means a decision in respect of which application may be made to the Administrative Review Tribunal under section 175.…
Section 175 — Applications for review
(1A) If the Commission under section 13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Review Tribunal for…
Section 176 — 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…
Section 177 — Effective dates of certain determinations relating to payment of pension or seniors health card
(1) This section is in addition to, and not in substitution for, section 108 of the Administrative Review Tribunal Act 2024 in its application to proceedings for a review by the Administrative Review…
Section 178 — Period of operation of certain decisions of Administrative Review Tribunal
(1) Where, on a review of a decision, the decision of the Administrative Review Tribunal expressly, or in effect: (a) assesses a rate of pension or increased rate of pension; (b) refuses to grant a…
Section 179 — Continuance of Commission
(1) The body corporate that was, immediately before the commencement of this Act, in existence, by virtue of section 7 of the Repatriation Act 1920, under the name Repatriation Commission continues…
Section 179A — Application of the Public Governance, Performance and Accountability Act 2013 to the Commission
Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Commission is not a Commonwealth…
Section 180 — Functions of Commission
(1) The functions of the Commission are: (a) to grant pensions, allowances and other benefits to veterans, dependants of veterans and certain other persons under and in accordance with the provisions…
Section 180A — Determination by Commission
(1) If: (a) the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease…
Section 181 — Powers of Commission
(1) The Commission has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions, duties and powers. (2) The generality of subsection (1)…
Section 182 — Membership of the Commission
(1) The Commission shall consist of not less than 4 and not more than 5 commissioners. (2) The commissioners shall be appointed by the Governor-General. (3) The Minister may, from time to time,…
Section 183 — President and Deputy President
(1) The Governor-General shall appoint one of the commissioners to be the President and another commissioner to be the Deputy President. (2) The commissioner appointed to be the President or the…
Section 184 — Appointment of Secretary as a Commissioner and President
The person holding office under the Public Service Act 1999 as Secretary of the Department may be appointed as a commissioner and as President while retaining the office of Secretary of the…
Section 185 — Remuneration and allowances
(1) A commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, the commissioner shall be paid such…
Section 186 — Leave of absence
(1) A commissioner or an acting commissioner has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant a commissioner or an acting commissioner…
Section 187 — Resignation
A commissioner may resign office by writing signed by the commissioner and delivered to the Governor-General.
Section 188 — Termination of appointment
(1) The Governor-General may remove a commissioner from office on an address praying for his or her removal on the ground of proved misbehaviour or physical or mental incapacity being presented to…
Section 189 — Commissioner to disclose any interest in claims for pensions etc.
(1) For the purposes of this section: (a) a claim or application for a pension that the Commission is considering or is to consider; (b) a pension that the Commission is reviewing or is to review;…
Section 191 — Acting commissioners
(1) The Minister may appoint a person to act in the office of a commissioner: (a) during a vacancy in that office; or (b) during any period, or during all periods, when the holder of that office: (i)…
Section 192 — Acting President or Deputy President
(1) In this section, an office to which this section applies is: (a) the office of President of the Commission; or (b) the office of Deputy President of the Commission. (2) Subject to section 193,…
Section 193 — Appointment to act as President and also Secretary
(1) This section applies to: (a) the office of President of the Commission; and (b) the office, under the Public Service Act 1999, of Secretary of the Department of Veterans’ Affairs. (2) The…