Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 79I

Determination of application

  (1)   If an application for an advance payment of an amount of pension is made, the Commission must grant the application if it is satisfied that the person is eligible for the advance payment.

Record of determination and reasons

  (2)   When the Commission makes a determination with respect to an application under subsection   (1), it must make a written record of its determination.

  (3)   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

  (4)   As soon as practicable after the Commission makes a determination with respect to an application under subsection   (1), the Commission must give the person who made the application:

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

  (b)   subject to subsection   (5), a copy of the statement about the determination referred to in subsection   (3); and

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

  (5)   If the statement referred to in paragraph   (4)(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 application, 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.