Commonwealth Numbered Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 347

Commission or service chief initiating reconsideration of original determinations
(1)
The Commission may, on its own initiative, reconsider an original determination made by the Commission.

(2)
A service chief may, on his or her own initiative, reconsider an original determination made by the service chief.

(3)
If the Commission or a service chief reconsiders an original determination under subsection (1) or (2), the Commission or the service chief may make a determination revoking, confirming or varying the original determination.

(4)
The Commission or a service chief must ensure that, if the original determination was made by a delegate and reconsideration of the determination is also to be made by a delegate, the reconsideration is done by a delegate who was not involved in making the original determination.

(5)
The Commission or a service chief must not reconsider an original determination under subsection (1) or (2) if the Tribunal has made a determination in proceedings under Part 5 for review of a reviewable determination made in relation to that original determination.

(6)
The Commission or a service chief must not reconsider an original determination under subsection (1) or (2) if the Board has made a determination in proceedings under Part 4 for review of that determination.



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