Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 36L

Determination of claim

  (1)   When the claim is submitted to the Commission, the Commission must:

  (a)   consider the claim; and

  (b)   satisfy itself with respect to all matters relevant to the determination of the claim; and

  (c)   determine all matters requiring determination before the claim can be determined; and

  (d)   determine the claim as provided by subsection   (4).

  (3)   Without limiting subsection   (1), the Commission, in considering the claim, must consider:

  (a)   the evidence submitted with the claim under section   36K; and

  (b)   any further evidence subsequently submitted to the Commission in relation to the claim.

  (4)   The Commission must determine the claim as follows:

  (a)   first, the Commission must determine whether the pension is to be granted to the person; and

  (b)   if the Commission determines that the pension is to be granted to the person, the Commission then must:

  (i)   work out the person's age service pension rate under section   36N; and

  (ii)   determine that the pension is payable to the person at that rate.

Record of determination and reasons

  (5)   When the Commission determines the claim it must make a written record of its determination.

  (6)   The Commission must also make a statement in writing about the determination that:

  (a)   sets out the Commission's findings on material questions of fact; and

  (b)   refers to the evidence or other material on which those findings are based; and

  (c)   provides reasons for the Commission's determination.

Notification of determination

  (7)   As soon as practicable after the Commission determines a claim under subsection   (1), the Commission must give the person who made the claim:

  (a)   a copy of the record of the Commission's determination; and

  (b)   subject to subsection   (8), a copy of the statement about the determination referred to in subsection   (6); and

  (c)   particulars of the right of the person who made the claim to have the determination reviewed by the Commission.

  (8)   If the statement referred to in paragraph   (7)(b) contains any matter that, in the opinion of the Commission:

  (a)   is of a confidential nature; or

  (b)   might, if communicated to the person who made the claim, be prejudicial to his or her physical or mental health or well - being;

the copy given to the person is not to contain that matter.

Note:   A claimant may apply to the Commission for review of a determination made under this section (see Division   16 of Part   IIIB).