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Schedule 1—Veterans’ Review Board

Schedule 1 Veterans’ Review Board

Part 1 Main amendments

Veterans’ Entitlements Act 1986

1  Section 133A

Repeal the section, substitute:

133A   Board’s objective

                   In carrying out its functions, the Board must pursue the objective of providing a mechanism of review that:

                     (a)  is accessible; and

                     (b)  is fair, just, economical, informal and quick; and

                     (c)  is proportionate to the importance and complexity of the matter; and

                     (d)  promotes public trust and confidence in the decision-making of the Board.

2  After section 137

Insert:

137A   Ongoing requirement for lodging material documents with Board

                   If:

                     (a)  an application for a review is made under section 135; and

                     (b)  before the Board determines the review:

                              (i)  a party to the review obtains possession of a document; and

                             (ii)  the document is relevant to the review; and

                            (iii)  a copy of the document has not already been lodged with the Board;

the party must, subject to any directions given under subsection 142(2), lodge a copy of the document with the Board as soon as practicable after obtaining possession.

3  At the end of subsection 142(2)

Add:

            ; and (h)  the provision of documents under section 137A, including documents that are or are not required to be lodged under that section.

4  At the end of section 145C

Add:

Variation or revocation of decision

             (4)  The Board may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:

                     (a)  the parties, or their representatives, reach agreement on the variation or revocation; and

                     (b)  the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and

                     (c)  the variation or revocation appears appropriate to the Board; and

                     (d)  in the case of a variation—the Board is satisfied that it would have been within the powers of the Board to have made the decision as varied.

5  Subsection 148(9)

Repeal the subsection, substitute:

             (9)  A party to a review of a decision of the Commission, and any person representing such a party, must use their best endeavours to assist the Board to fulfil the objective in section 133A.

8  Application provisions

(1)       Section 137A of the Veterans’ Entitlements Act 1986 , as inserted by this Part, applies in relation to an application for review that is made on or after the commencement of this item.

(2)       Subsection 145C(4) of the Veterans’ Entitlements Act 1986 , as added by this Part, applies in relation to a decision the Board made on or after the commencement of this item.

(3)       Subsection 148(9) of the Veterans’ Entitlements Act 1986 , as substituted by this Part, applies in relation to an application for review that is made on or after the commencement of this item.

Part 2 Consequential amendments

Military Rehabilitation and Compensation Act 2004

9  Subsection 353(1)

After “137,”, insert “137A,”.

10  Subsection 353(2) (after table item 8)

Insert:

8A

Section 137A

The reference to section 135 has effect as a reference to section 352 of this Act