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Thursday, 28 November 1985
Page: 2494


Senator LEWIS(5.14) —I move:

(6) After sub-clause 119 (7), insert the following sub-clauses:

`(8) Where a claim for a pension or an application for a review of a decision relating to a claim for a pension was made before 15 May 1985, this Act shall have effect in respect of that claim or that application as if section 47 of the Repatriation Act 1920, as in force on 5 June 1985, were substituted for this section.

`(9) Where a claim for a pension or an application for review of a decision relating to a claim for a pension was determined after 15 May 1985 and before the commencement of this Act, that claim or that application shall be deemed not to have been determined and to have been made after the commencement of this Act.

`(10) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Minister under sub-section (7) determining service to be hazardous service.'.

I think the amendments are fairly clear and I hope I can be fairly brief in explaining them. Proposed new sub-clause 119 (8) simply makes it perfectly clear that where a claim for a pension or an application for a review of a decision relating to a claim for a pension was made before 15 May of this year, the Act shall have effect in respect of that claim or that application as if section 47 of the Repatriation Act were substituted for this clause. So there will be no argument about claims and applications made up to that date. They will be dealt with under the old Act.

Proposed new sub-clause 119 (9) is the result of an undertaking we gave to ex-service men and women back in May in regard to claims for pensions made after 15 May of this year but before the Bill is passed. We said that we would make sure that if there were any modification of the legislation, beneficiaries would not be disadvantaged and would be dealt with under this legislation as it is amended ultimately and passed by the Parliament. Proposed new sub-clause 119 (9) makes that clear. Proposed new sub-clause 119 (10) provides that application may be made to the Administrative Appeals Tribunal `for a review of a decision by the Minister under sub-section (7) determining service to be hazardous service.'