Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 189

  (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; and

  (c)   a decision in relation to:

  (i)   a pension; or

  (ii)   a claim or application for a pension;

    that the Commission is reviewing or is to review;

are each a matter to which this section applies.

  (2)   Where a commissioner has, or acquires, any interest, pecuniary or otherwise, that could conflict with the proper performance of his or her functions in relation to a matter to which this section applies, the commissioner:

  (a)   shall disclose the interest to the claimant, applicant or person receiving the pension, as the case requires, and to the Minister; and

  (b)   except with the consent of the claimant, applicant or person receiving the pension, as the case requires, and of the Minister, shall not take part   in the consideration or review of the matter by the Commission.

  (3)   Where the Minister becomes aware that:

  (a)   the Commission is considering or reviewing, or is to consider or review, a matter to which this section applies; and

  (b)   a commissioner has, in relation to the matter, an interest of a kind described in subsection   (2);

the Minister shall:

  (c)   if the Minister considers that the commissioner should not take part   in, or continue to take part   in, the consideration or review of the matter by the Commission--give a direction to the commissioner accordingly; or

  (d)   in any other case--cause the interest of the commissioner to be disclosed to the claimant, applicant or person receiving the pension, as the case requires.

  (4)   In this section a reference to the Commission reviewing a decision shall be read as including a reference to the Commission considering whether to review the decision.

  (5)   In this section:

"commissioner" includes an acting commissioner.

"pension" means a pension under Part   II or IV, a service pension, income support supplement, or an allowance or other benefit under this Act.