Commonwealth Numbered Acts

REPATRIATION LEGISLATION AMENDMENT ACT 1984 No. 97, 1984 - SECT 19

19. Parts IIIA, IIIB and IIIC of the Principal Act are repealed and the
following Parts are substituted:
                      "PART IIIA-VETERANS'REVIEW BOARD


"Division 1-Preliminary Interpretation

"107VA. In this Part, unless the contrary intention appears-
'applicant' means a person who makes an application;
'application' means an application under this Part to the Board for a review
of a decision of the Commission;
'decision', in relation to the Commission, includes a determination of the
Commission and an assessment made by the Commission;
'member' means the Principal Member, a Senior Member or another member of the
Board;
'member of the Forces' means-

   (a)  a person who is a member of the Forces within the meaning of section 
        23 , 100, 105, 107B or 107F;

   (b)  a person who is a member to whom Division 10 of Part III applies by
        virtue of the definition of 'member to whom this Division applies' in
        section 107J; or

   (c)  a person to whom certain provisions of this Act extend by virtue of
        section 102, 107, 107D or 107G,
whichever is appropriate;
'pension' does not include service pension;
'Principal Member' means the Principal Member of the Board;
'review' means a review of a decision;
'Senior Member' means a Senior Member of the Board;
'Services member' means a member who, on the occasion of his appointment, or
on any occasion of his re-appointment, as a member, was a person selected from
lists submitted in accordance with a request made under sub-section 107VZC
(3).



"Division 2-Establishment of the Veterans' Review Board Establishment of
Veterans' Review Board

"107VB. There is hereby established a Veterans' Review Board, which shall
consist of a Principal Member and such number of Senior Members, and such
number of other members, as are appointed in accordance with this Act.

"Division 3-Review by the Board of decisions Review of decisions in respect of
pensions

"107VC. (1) Where a person-

   (a)  who has made a claim for a pension in accordance with section 25; or

   (b)  who has made application for a pension, or for an increased pension,
        in accordance with section 26, is dissatisfied with any decision of
        the Commission in respect of the claim or application (not being a
        decision under sub-section 29A (3)), the person may, subject to this
        Act, make application to the Board for a review of the decision of the
        Commission.

"(2) Where the Commission, upon a review under section 31 of a decision in
relation to pension, has made a further decision revoking or varying that
decision, the member of the Forces, or the dependant of a member of the Forces
or deceased member of the Forces, as the case may be, affected by that further
decision may make application to the Board for a review-

   (a)  of the further decision of the Commission revoking that previous
        decision; or

   (b)  of that previous decision as varied by the further decision of the
        Commission, as the case may be.

"(3) Subject to sub-section (4), an application under sub-section (1) or (2)
to the Board to review a decision of the Commission may be made within 12
months after service on the person to whom the decision relates of a copy of
that decision in accordance with sub-section 47A (2), but not otherwise.

"(4) An application under sub-section (1) or (2) to the Board to review a
decision of the Commission-

   (a)  assessing a rate of pension or increased rate of pension;

   (b)  refusing to grant a pension on the ground that the extent of the
        incapacity of the member of the Forces is insufficient to justify the
        grant of a pension;

   (c)  refusing to increase the rate of a pension; or

   (d)  reducing the rate of a pension, may be made within 3 months after
        service on the person to whom the decision relates of a copy of that
        decision in accordance with sub-section 47A (2), but not otherwise.
        Application for review

"107VD. (1) An application to the Board for a review-

   (a)  shall be in writing;

   (b)  shall be forwarded to the Secretary at an address of the Department;
        and

   (c)  shall, for the purposes of this Act, be deemed to have been made on
        the date on which the application is received at an address of the
        Department, and may set out a statement of the reasons for the
        application.

"(2) An application under sub-section (1) relating to a pension granted to, or
claimed for, a member of the Forces, or a dependant of a member of the Forces
or deceased member of the Forces, may be made-

   (a)  by the member or dependant, as the case may be;

   (b)  with the approval of the member or dependant, as the case may be,by
        another person on behalf of the member or dependant;

   (c)  in the case of a member or dependant, as the case may be, who is
        unable, by reason of physical or mental incapacity, to approve a
        person to make an application on his behalf-on behalf of the member or
        dependant, by a person approved by the Commission; or

   (d)  in the case of a dependant who is under the age of 18 years, on behalf
        of the dependant-

        (i)    by a parent or guardian of the dependant; or

        (ii)   by another person approved by a parent or guardian of the
               dependant.



"(3) Sub-section (2) does not limit the application of section 24A in relation
to applications under sub-section (1) of this section. Secretary to prepare
report

"107VE. (1) Within 6 weeks after receipt by the Secretary of an application
for review made under sub-section 107VC (1) or (2), the Secretary shall-

   (a)  cause to be prepared a report referring to the evidence under the
        control of the Department that is relevant to the review; and

   (b)  subject to sub-section (2), cause a copy of that report to be served
        personally or by post on the applicant.



"(2) Where the report prepared by the Secretary in pursuance of sub-section
(1) contains or refers to any information, opinion or other matter-

   (a)  that, in the opinion of the Secretary, is of a confidential nature; or

   (b)  that, in the opinion of the Secretary, it might be prejudicial to the
        physical or mental health or well-being of the applicant to
        communicate to the applicant, the document served on the applicant in
        pursuance of paragraph (1) (b) shall not contain or refer to that
        information, opinion or other matter.

"(3) Where a copy of a report is served on an applicant in accordance with
sub-section (1), the applicant may, within 28 days after service of the report
on him or within such further period as he may request in writing before the
expiration of that period, furnish to the Secretary in writing any comments he
wishes to make concerning the report.

"(4) Upon the expiration of the period or extended period referred to in
sub-section (3), the Secretary shall forward to the Principal Member of the
Board all the relevant documents, including any comments furnished to the
Secretary by the applicant concerning the report served on the applicant and,
if a further investigation has been made in consequence of those comments of
the applicant, a supplementary report referring to any evidence obtained in
that further investigation. Board not bound by technicalities, &c.

"107VF. (1) The Board, in conducting a review, in hearing a review or in
making a decision on a review-

   (a)  is not bound by technicalities, legal forms or rules of evidence; and

   (b)  shall act according to substantial justice and the merits and all the
        circumstances of the case and, without limiting the generality of the
        foregoing, shall take into account any difficulties that, for any
        reason, lie in the way of ascertaining the existence of any fact,
        matter, cause or circumstance, including any reason attributable to-

        (i)    the effects of the passage of time, including the effect of the
               passage of time on the availability of witnesses; or

        (ii)   the absence of, or a deficiency in, relevant official records,
               including an absence or deficiency resulting from the fact that
               an occurrence that happened during the service of a member of
               the Forces was not reported to the appropriate authorities.



"(2) The Commission may make available to the Board-

   (a)  statements of principles applied by the Commission in deciding claims
        for pension and applications for pension and increased pension and in
        conducting reviews under section 31; and

   (b)  such other material as the Commission considers may be of assistance
        to the Board in the exercise of its powers or the performance of its
        functions under this Act.



"(4) Nothing in this section authorizes the Commission to direct the Board
with respect to its consideration of a particular review by the Board.
Decision of Board

"107VG. (1) On a review, the Board shall have regard to the evidence that was
before the Commission when the decision the subject of the review was made and
to any further evidence before the Board on the review that was not before the
Commission but would have been relevant to the making of the decision by the
Commission.

"(2) It is the duty of the Board, in reviewing a decision of the Commission,
to satisfy itself with respect to, or to determine, as the case requires, all
matters relevant to that review.

"(3) On the completion of its consideration of a review of a decision-

   (a)  if the decision was a decision to refuse to grant a claim for a
        pension-the Board shall set aside the decision unless it is satisfied,
        beyond reasonable doubt, that there were insufficient grounds for
        granting the claim or application; or

   (b)  in any other case-the Board shall set aside the decision unless it is
        satisfed, beyond reasonable doubt, that the decision is the decision
        that the Board would have made if it had had the responsibility for
        making the decision the subject of the review.



"(4) Where the Board sets aside a decision of the Commission on a review of
that decision, the Board shall substitute for that decision such other
decision as the Board considers to be in accordance with this Act and, for
that purpose, the Board may exercise all the powers and discretions that are
conferred on the Commission.

"(5) Without limiting the generality of sub-section (4), where the Board sets
aside a decision of the Commission refusing to grant a pension to a person and
substitutes for it a decision granting a pension to the person, the Board
shall assess the rate at which the pension is to be paid to the person or
remit the matter to the Commission to assess the rate at which the pension is
to be paid to the person.

"(6) Where the Board does not set aside a decision of the Commission on a
review of the decision, it shall affirm the decision. Further evidence
relating to incapacity

"107VH. Where-

   (a)  on a review of a decision made by the Commission upon an application
        under sub-section 26 (1) or (2), there is before the Board further
        evidence that was not before the Commission; and

   (b)  by reason of that further evidence, the Board has reason to believe
        that there has been a change in the incapacity of the applicant since
        the date of that decision, the Board shall, for the purpose of the
        review, disregard that further evidence to the extent that it relates
        to the incapacity of the applicant at any time after the date of that
        decision, but may, after making its decision on the review, refer the
        assessment back to the Commission for re-consideration in the light of
        that further evidence. Statements of decisions of the Board, &c.

"107VJ. (1) Where the Board reviews a decision of the Commission, the Board
shall-

   (a)  record its decision on the review in writing;

   (b)  prepare a written statement setting out its reasons for that decision,
        including its findings on any material questions of fact, and
        referring to the evidence or other material on which those findings
        were based;

   (c)  file the decision and the written statement with the records of the
        case; and

   (d)  cause to be served, either personally or by post, on each of the
        relevant persons-

        (i)    a copy of the decision; and

        (ii)   subject to sub-section (2), a copy of the written statement
               referred to in paragraph (b) of this sub-section,
and, on the applicant for the review or a person authorized by the applicant,
particulars of the person's right to make application to the Administrative
Appeals Tribunal for a review of the decision of the Commission affirmed by
that decision of the Board or the decision of the Board in substitution for
the decision of the Commission set aside by the Board, as the case may be.



"(2) Where a statement prepared by the Board in pursuance of paragraph (1) (b)
upon a review of a decision of the Commission contains or refers to any
information, opinion or other matter-

   (a)  that, in the opinion of the Board, is of a confidential nature; or

   (b)  that, in the opinion of the Board, it might be prejudicial to the
        physical or mental health or well-being of the relevant person to
        communicate to the applicant, the document served on the applicant in
        pursuance of sub-paragraph (1) (d) (ii) shall not contain or refer to
        that information, opinion or other matter.

"(3) In this section, 'relevant person', in relation to a review, means-

   (a)  the applicant for the review, or a person authorized by the applicant;
        or

   (b)  the Commission.



"Division 4-Organization of the Board Constitution of Board for exercise of
powers

"107VK. (1) Subject to this section, the Board shall, for the purposes of a
review, be constituted by-

   (a)  the Principal Member or a Senior Member;

   (b)  a Services member; and

   (c)  one other member.



"(2) With the approval of the Minister, the Board may, for the purposes of a
particular review, or of a review included in a particular class of reviews,
be constituted by-

   (a)  the Principal Member or a Senior Member; or

   (b)  one other member, only. Principal Member responsible for arrangement
        of business

"107VL. (1) The Principal Member is responsible for the efficient operation of
the Board.

"(2) The Principal Member may give directions-

   (a)  for the purpose of increasing the efficiency of the operations of the
        Board; and

   (b)  as to the arrangement of the business of the Board.

Members to constitute Board

"107VM. (1) The Principal Member may give directions, from time to time, as to
the persons who are to constitute the Board for the purpose of a particular
review or particular reviews.

"(2) A direction under this section-

   (a)  may specify the particular review or particular reviews to which it
        relates; or

   (b)  may be expressed to relate to such reviews as the Principal Member may
        allocate from time to time to the Board as constituted by the
        direction. Member ceasing to be member, &c.

"107VN. (1) Where one of the members constituting the Board by virtue of a
direction under section 107VM ceases to be a member or ceases to be available
for the purposes of a review, the 2 remaining members shall be deemed to
constitute the Board by virtue of the direction given under section 107VM
until the Principal Member otherwise directs.

"(2) Where the member referred to in sub-section (1) is the Principal Member
or a Senior Member, the Principal Member shall direct which of the 2 remaining
members shall preside at any hearing of the review.

"(3) Where a review re-allocated under sub-section (1) had been commenced, but
had not been completed, before the re-allocation took place, the Board as
constituted for the purpose of that review by virtue of that re-allocation
may, in the review before it, have regard to any record of the review before
the Board as previously constituted. Places of sitting

"107VP. Sittings of the Board shall be held from time to time as required, and
at such places in Australia as may be convenient.

"Division 5-Proceedings before the Board Principal Member or Senior Member to
preside at hearing

"107VQ. (1) Where the Principal Member is included in the members constituting
the Board for the purpose of a review, he shall preside at any hearing of the
review.

"(2) Where the Principal Member is not included in the members constituting
the Board for the purpose of a review, the Senior Member who is included in
those members shall preside at any hearing of the review. Parties to review
before Board

"107VR. (1) The parties to a review by the Board of a decision of the
Commission are-

   (a)  the applicant for the review; and

   (b)  the Commission.

"(2) A party to a review may-

   (a)  appear in person, or be represented at his own expense by a person
        other than a legal practitioner, at any hearing of the review; or

   (b)  if, for any reason, he wishes the review to proceed in his absence,
        make such submissions, in writing, to the Board as he considers are
        relevant to the review.



"(3) In this section, a reference to a legal practitioner shall be read as
including a reference to any person who-

   (a)  holds a degree of Bachelor of Laws, Master of Laws or Doctor of Laws
        or Bachelor of Legal Studies; or

   (b)  is otherwise qualified for admission as a barrister, solicitor, or
        barrister and solicitor, of the High Court or of the Supreme Court of
        a State or Territory.

Procedure of Board

"107VS. (1) The Principal Member shall, upon receipt of the relevant documents
relating to a review of a decision of the Commission, cause to be served,
personally or by post, on each party to the review a notice informing the
party that the Board is to review the decision of the Commission and
requesting the party to inform the Principal Member, in writing, within a
reasonable time specified in the notice, whether he wishes to appear on the
hearing of the review and, if he wishes so to appear, whether he intends to
appear on the hearing personally or by another person under section 107VR.

"(2) Where either party to a review of a decision of the Commission informs
the Principal Member that the party wishes to appear on the hearing of the
review of the decision by the Board, the Principal Member shall-

   (a)  cause a date, time and place to be fixed for the hearing of the
        review; and

   (b)  cause notice of the date, time and place so fixed to be served on each
        party to the review either personally or by post.



"(3) The Principal Member may defer fixing a date, time and place for the
hearing of a review under sub-section (2) until the parties to the review have
informed him that they are ready to proceed at a hearing.

"(4) Where a party to a review of a decision of the Commission does not inform
the Principal Member, within the time specified in the notice served on the
party under sub-section (1), that the party wishes to appear on the hearing of
the review, the review may be heard and determined in the absence of that
party.

"(5) The Principal Member may give directions, not inconsistent with
sub-sections (1), (2), (3) and (4), as to the procedure of the Board with
respect to reviews before it.

"(6) The presiding member in respect of a particular review may, in respect of
a matter not dealt with by directions under sub-section (5), give directions,
not inconsistent with sub-sections (1), (2), (3) and (4), as to the procedure
to be followed on a hearing of the review.

"(7) In giving a direction under this section, the Principal Member or a
presiding member shall have regard to the need for the review to be conducted
with as little formality and technicality, and with as much expedition, as the
requirements of this Act and a proper consideration of the matters before the
Board permit. Questions to be decided by majority of Board

"107VT. (1) A question before the Board on a review shall be decided according
to the opinion of a majority of the members constituting the Board.

"(2) Where the Board is constituted for the purposes of a review by 2 members
only and the 2 members cannot agree on a question arising in the review, the
Board shall adjourn the review and refer the matter to the Principal Member
for the giving of any necessary directions, or the taking of any other action,
under section 107VM. Hearing to be in private except in special circumstances

"107VU. (1) Subject to this section, the hearing of a review shall be in
private.

"(2) The presiding member may give directions (whether in writing or
otherwise) as to the persons who may be present at any hearing of a review.

"(3) If requested to do so by the applicant, the presiding member may permit a
hearing, or a part of a hearing, of a review to take place in public. Powers
of Board

"107VV. (1) The Board may-

   (a)  take evidence on oath or affirmation for the purposes of a review; or

   (b)  adjourn a hearing of a review from time to time.



"(2) The presiding member in relation to a review may-

   (a)  summon a person to appear at any hearing of the review to give
        evidence and to produce such documents (if any) as are referred to in
        the summons;

   (b)  require a person appearing at a hearing of the review for the purpose
        of giving evidence either to take an oath or to make an affirmation;
        and

   (c)  administer an oath or affirmation to a person so appearing.



"(3) The applicant for a review by the Board of a decision of the Commission
is a competent and compellable witness upon the hearing of the review of that
decision by the Board.

"(4) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the evidence that the person
will give will be true.

"(5) The power of the Board under paragraph (1) (a) to take evidence on oath
or affirmation for the purposes of a review may be exercised on behalf of the
Board by the presiding member in relation to the review or by another person
(whether a member or not) authorized by the presiding member, and that power
may be so exercised within or outside Australia, but the Board may direct that
the power is to be so exercised subject to limitations specified by the Board.

"(6) Where a person other than the presiding member in relation to a review is
authorized, in accordance with sub-section (5), to take evidence for the
purposes of the review-

   (a)  the first-mentioned person has, for the purposes of taking that
        evidence, all the powers of the Board under sub-section (1) and all
        the powers of the presiding member under sub-section (2); and

   (b)  for the purpose of the exercise of those powers by the first-mentioned
        person, this Part has effect (except where the context otherwise
        requires) as if a reference to the Board, or to the presiding member,
        in relation to the review included a reference to the first-mentioned
        person.

Request to Secretary for documents, &c.

"107VW. (1) The Board may, at any time, request the Secretary-

   (a)  to forward to the Board further documents in his custody relating to a
        review;

   (b)  to obtain, and forward to the Board, further documents relating to a
        review; or

   (c)  to arrange for the making of any investigation, or any medical
        examination, that the Board thinks necessary with respect to a review,
        and to forward to the Board a report of that investigation or
        examination.



"(2) Where a request is made under sub-section (1), the Board shall adjourn
any hearing of the review to which the request relates and may, in the case of
a review of a decision with respect to a pension assessment, vary that
assessment pending the completion of that review, having regard to the records
and evidence on which the Commission reached that decision. Information may be
made available to parties

"107VX. (1) Subject to sub-section (2), where, after the relevant documents
relating to a review have been submitted to the Board in accordance with
sub-section 107VE (4) and before the commencement of the hearing of the
review, a party to the review furnishes any information to the Board for the
purposes of the review, the Board shall make that information available to the
other party to the review.

"(2) Where the Board is of the opinion-

   (a)  that any information under the control of the Board is of a
        confidential nature; or

   (b)  that it might be prejudicial to the physical or mental health or
        well-being of the applicant to communicate any such information to the
        applicant, the Board may refrain from making it available to the
        applicant, but may make it available to a person representing the
        applicant. Period of operation of certain decisions of Board

"107VY. (1) A decision of the Board on a review of a decision of the
Commission to which sub-section 107VC (4) applies shall, unless reviewed by
the Administrative Appeals Tribunal and subject to sub-section (2) of this
section, be binding upon the applicant and the Commission for a period of 6
months commencing on the day on which the Board makes that decision.

"(2) If, during the period referred to in sub-section (1), the applicant is of
the opinion that his incapacity has increased, sub-section (1) does not
prevent-

   (a)  the applicant from making application under sub-section 26 (1) or (2)
        for an increased pension or for a pension; or

   (b)  the grant of an increased pension, or a pension, from a date within
        that period, by the Commission upon its consideration of such an
        application or by the Board upon review of the decision of the
        Commission on such an application.

Withdrawal of application

"107VZ. (1) An applicant for review by the Board of a decision of the
Commission may withdraw his application at any time before the Board has
commenced the review and, with the consent of the Board, at any time after the
Board has commenced the review.

"(2) The withdrawal of an application to review a decision of the Commission
does not prevent the applicant from subsequently making another application
under section 107VC to review that decision within the time allowed by that
section.

"Division 6-Date of operation of decisions of Board Board to specify date of
operation

"107VZA. The Board shall specify in a decision on a review under this Part the
date from which the decision is to operate, being a date fixed in accordance
with section 107VZB. Dates that may be specified

"107VZB. (1) Where the Board, upon its review of a decision of the Commission
refusing to grant a pension to a person, sets aside that decision and
substitutes for it a decision to grant a pension to the person, the Board may
fix, as the date from which its decision is to operate-

   (a)  if the person made application for the review within 3 months after
        service on him of a copy of the decision of the Commission-a date not
        earlier than the earliest date from which the Commission could, if it
        had not made that decision, have approved payment of a pension to the
        person; or

   (b)  in any other case-a date not more than 6 months before the date on
        which the person's application for review of that decision was
        received at an address of the Department.



"(2) Where the Board, upon its review of a decision of the Commission
assessing a rate or increased rate of pension or refusing to increase the rate
of a pension, sets aside that decision and substitutes for it a decision that
increases the rate of that pension, the Board may fix, as the date from which
its decision is to operate, a date not earlier than the earliest date which
the Commission could, if it had not made that decision, have fixed as the date
from which pension at that increased rate was to be payable.

"(3) Where the Board, on a review of a decision of the Commission under
section 31 to revoke or vary a decision in relation to pension, sets aside the
decision the subject of the review and substitutes another decision for it,
the Board may fix, as the date from which its decision is to operate, a date
not earlier than the earliest date from which that substituted decision could
have operated if it had been made in place of the decision under review.

"Division 7-Membership of the Board Appointment of members of Board

"107VZC. (1) The members of the Board shall be appointed by the
Governor-General.

"(2) The members of the Board shall include-

   (a)  persons who were selected from lists submitted in accordance with a
        request made under sub-section (3); and

   (b)  persons who are medical practitioners.



"(3) The Minister may, from time to time, request organizations representing
returned soldiers throughout Australia to submit to him lists of names of
persons from which the organization concerned recommends that a selection be
made of persons to serve as Services members of the Board.

"(4) The Principal Member shall be appointed as a full-time member.

"(5) A member other than the Principal Member may be appointed either as a
full-time member or as a part-time member. Terms of appointment

"107VZD. (1) Subject to this Division, a member holds office for such period,
not exceeding 5 years, as is specified in the instrument of his appointment,
but is eligible for re-appointment.

"(2) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a member, and a person shall not be appointed or re-appointed
as a member for a period that extends beyond the date on which he will attain
the age of 65 years.

"(3) A member holds office on such terms and conditions (if any) in respect of
matters not provided for by this Part, as are determined by the
Governor-General by instrument in writing. Remuneration and allowances of
members

"107VZE. (1) A member shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration is in
operation, he shall be paid such remuneration as is prescribed.

"(2) A member shall be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Acting members

"107VZF. (1) The Minister may appoint a person to act as a member-

   (a)  during any period, or during all periods, when a member, being a
        full-time member, is absent from duty or from Australia or is, for any
        reason, unable to perform the functions of his office; or

   (b)  during any period, or during all periods, when a member, being a
        part-time member, is, for any reason, unavailable to perform the
        duties of his office.



"(2) The Minister may-

   (a)  determine the terms and conditions of appointment, including
        remuneration and allowances, of a person acting as a member in
        pursuance of an appointment under sub-section (1); and

   (b)  at any time terminate such an appointment.



"(3) Where a person is acting as a member in accordance with paragraph (1) (a)
or (b) and the office of that member becomes vacant while the person is so
acting, that person may continue so to act until the Minister otherwise
directs, the vacancy is filled or a period of 12 months from the date on which
the vacancy occurred expires, whichever first happens.

"(4) Where a person has been appointed under sub-section (1) to act in the
place of a member (in this sub-section referred to as the 'absent member') who
is absent or unavailable, the Minister may, by reason of a pending review or
other special circumstances, direct, before the absent member ceases to be
absent or unavailable, that the person so appointed shall continue to act in
the appointment after the absent member ceases to be absent or unavailable,
until the person so appointed resigns the appointment or the Minister
terminates the appointment, but a person shall not continue to act by virtue
of this sub-section for more than 12 months after the absent member ceases to
be absent or unavailable.

"(5) A person acting in the place of the Principal Member, a Senior Member or
another member has all the powers, and shall perform all the functions and
duties, conferred or imposed by this Part on the Principal Member, Senior
Member or other member, as the case may be.

"(6) Where the Board as constituted for the purpose of a review includes a
person acting, or purporting to be appointed to act, as a member under this
section, or a person so acting, or purporting to be appointed so to act, has
done any act, the validity of any decision of, or any direction given or other
act done by, the Board as so constituted or of the act done by the person so
acting, or purporting to be appointed so to act, shall not be called in
question in any proceeding on the ground that the occasion for the person to
act, or for the appointment of the person to act, had not arisen or that the
occasion for his appointment to act had passed or his appointment had ceased
to have effect.

"(7) The appointment of a person to act as a member ceases to have effect if
he resigns the appointment by writing signed by him and delivered to the
Minister.

"(8) Section 107VZG applies to and in relation to a person appointed under
sub-section (1) to act in place of a member on a full-time basis as if the
person were a member, and section 107VZK applies to any person appointed under
sub-section (1) to act in place of a member as if the person were a member.
Leave of absence

"107VZG. The Minister may grant leave of absence to a full-time member on such
terms and conditions as to remuneration or otherwise as the Minister
determines. Resignation

"107VZH. A member may resign his office by writing signed by him and delivered
to the Governor-General. Removal from office

"107VZJ. (1) The Governor-General may remove a member from office on the
ground of proved misbehaviour or physical or mental incapacity.

"(2) The Minister may suspend a member from office on the ground of
misbehaviour or physical or mental incapacity.

"(3) Where the Minister suspends a member from office, the Governor-General
may, on the recommendation of the Minister-

   (a)  remove the member from office;

   (b)  direct that the suspension of the member continue for such further
        period as the Governor-General specifies; or

   (c)  direct that the suspension of the member terminate.



"(4) The suspension of a member from office under this section does not affect
any entitlement of the member to be paid remuneration and allowances.

"(5) If-

   (a)  a member becomes bankrupt, applies to take the benefit of any law for
        the relief of bankrupt or insolvent debtors, compounds with his
        creditors or makes an assignment of his remuneration for their
        benefit;

   (b)  a member, being a member who has been appointed as a full-time member-

        (i)    engages, except with the approval of the Minister, in paid
               employment outside the duties of his office; or

        (ii)   is absent from duty, except on leave of absence granted by the
               Minister, for 14 consecutive days or 28 days in any 12 months;
               or

   (c)  a member fails, without reasonable excuse, to comply with his
        obligations under section 107VZK, the Governor-General shall remove
        the member from office.

"(6) The Governor-General may, with the consent of a member who is an eligible
employee for the purposes of the Superannuation Act 1976, by instrument signed
by him, retire the member from office on the ground of physical or mental
incapacity on a date specified in the instrument, being a date not earlier
than the date on which the instrument is signed by the Governor-General.

"(7) A member shall not be suspended, removed or retired from office except as
provided by this section. Disclosure of interests

"107VZK. (1) Where a member who is, or is to be, a member of the Board as
constituted by virtue of a direction under section 107VM for the purposes of a
review has or acquires any interest, pecuniary or otherwise, that could
conflict with the proper performance of his functions in relation to that
review-

   (a)  he shall disclose his interest to the applicant and the Commission;
        and

   (b)  except with the consent of the applicant and the Commission, he shall
        not take part in the review, or exercise any powers in relation to the
        review by the Board of the relevant decision of the Commission.



"(2) Where the Principal Member becomes aware that a member who is, or is to
be, a member of the Board as constituted by virtue of a direction under
section 107VM for the purposes of a review has in relation to that review such
an interest as is mentioned in sub-section (1) of this section-

   (a)  if the Principal Member considers that the member should not take
        part, or should not continue to take part, in the review-he shall give
        a direction to the member accordingly; or

   (b)  in any other case-he shall cause the interest of the member to be
        disclosed to the applicant and to the Commission.

                           "Division 8-Miscellaneous
Delegation

"107VZL. (1) The Principal Member may, either generally or as otherwise
provided by the instrument of delegation, by writing signed by him, delegate
to a Senior Member or to an acting Senior Member all or any of his powers
under this Part, other than this power of delegation.

"(2) A power delegated under this section, when exercised by the delegate,
shall, for the purposes of this Part, be deemed to have been exercised by the
Principal Member.

"(3) A delegation under this section does not prevent the exercise of a power
by the Principal Member. Protection of members and witnesses

"107VZM. (1) A member has, in the performance of his duties as a member, the
same protection and immunity as a Justice of the High Court.

"(2) A person representing a party at a hearing of a review before the Board
has the same protection and immunity as a barrister has in appearing for a
party in proceedings in the High Court.

"(3) Subject to this Part, a person summoned to attend, or appearing, before
the Board as a witness has the same protection, and is, in addition to the
penalties provided by this Part, subject to the same liabilities, as a witness
in proceedings in the High Court. Failure of witness to attend

"107VZN. A person served, as prescribed, with a summons to appear as a witness
before the Board shall not, without reasonable excuse-

   (a)  fail to attend as required by the summons; or

   (b)  fail to appear and report himself from day to day unless excused, or
        released from further attendance, by a member.

Penalty: $1,000 or imprisonment for 6 months, or both. Refusal to be sworn or
to answer questions

"107VZP. A person appearing as a witness before the Board shall not, without
reasonable excuse-

   (a)  when required in pursuance of section 107VV either to take an oath or
        make an affirmation-refuse or fail to comply with the requirement;

   (b)  refuse or fail to answer a question that he is required to answer by
        the presiding member; or

   (c)  refuse or fail to produce a document that he is required to produce by
        a summons under this Part served on him as prescribed.
Penalty: $1,000 or imprisonment for 6 months, or both. Contempt of Board

"107VZQ. (1) A person shall not-

   (a)  obstruct or hinder the Board or a member in the performance of the
        functions of the Board; or

   (b)  disrupt a hearing before the Board.
Penalty: $1,000 or imprisonment for 6 months, or both.

"(2) In sub-section (1), 'member' includes an acting member. Payment of
travelling expenses in respect of attendances

"107VZR. (1) Subject to such conditions as the Commission determines, an
applicant is entitled, if he travels in Australia for the purpose of attending
at a hearing of a review by the Board, to receive such travelling expenses in
connection with that travel as are prescribed.

"(2) Subject to such conditions as the Commission determines, an attendant who
travels in Australia for the purpose of accompanying an applicant referred to
in sub-section (1) to a hearing of a review is entitled to be paid such
travelling expenses in connection with that travel as the Commission considers
reasonable. Fees for witnesses

"107VZS. (1) A person, other than the applicant, summoned to appear as a
witness at a hearing before the Board is entitled to be paid fees, and
allowances for expenses, fixed by or in accordance with the regulations in
respect of his attendance.

"(2) Subject to sub-section (3), the fees and allowances shall be paid-

   (a)  in a case where the witness was summoned at the request of the
        applicant-by that applicant; and

   (b)  in any other case-by the Commonwealth.



"(3) The Board may, in its discretion, order that the fees and allowances of a
witness referred to in paragraph (2) (a) shall be paid, in whole or in part,
by the Commonwealth. Staff to assist Board

"107VZT. Any staff required to assist the Board shall be persons appointed or
employed under the Public Service Act 1922 and made available for the purpose
by the Secretary. Oath or affirmation of office

"107VZU. (1) A person who is appointed or re-appointed as a member, or to act
as a member, shall not discharge the duties of his office unless he has taken
an oath, or made an affirmation, in accordance with the form of oath or
affirmation in Schedule 6.

"(2) The oath or affirmation shall be made before a justice of the peace or a
commissioner for taking affidavits.

"PART IIIB-REVIEW OF DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL
Interpretation

"107VZV. In this Part, unless the contrary intention appears-
'decision'-

   (a)  in relation to the Commission, includes a determination or assessment
        made by the Commission; and

   (b)  in relation to the Board, includes a determination or assessment made
        by the Board;
'reviewable decision' means a decision in respect of which application may be
made to the Administrative Appeals Tribunal under section 107VZW.

Applications for review

"107VZW. (1) Where a decision made by the Commission under section 29A or 31
has been reviewed by the Board and affirmed or set aside, then, subject to
section 29 of the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for a review-

   (a)  of the decision of the Commission that was so affirmed; or

   (b)  of the decision made by the Board in substitution for the decision so
        set aside, as the case may be.

"(2) Where the Commission, under section 90C, affirms a decision of the
Commission made under section 90A or 98 or sets aside a decision made under
section 90A or 98 and substitutes another decision for it, then, subject to
section 29 of the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for a review-

   (a)  of the decision so affirmed; or

   (b)  of the decision made by the Commission under section 90C in
        substitution for the decision previously made by the Commission under
        section 90A or 98.

Application of Administrative Appeals Tribunal Act

"107VZX. (1) The Administrative Appeals Tribunal Act 1975 applies in relation
to reviewable decisions as if paragraph 25 (3) (a) of that Act had been
omitted.

"(2) For the purposes of the application of section 27 of the Administrative 
Appeals Tribunal Act 1975 to and in relation to a reviewable decision, the
Commission shall be taken to be a person whose interests are affected by a
decision of the Board to set aside a decision of the Commission under section
29A or 31 of this Act and by the decision of the Board made in substitution
for the decision so set aside.

"(3) Section 28 of the Administrative Appeals Tribunal Act 1975 does not apply
to or in relation to a person whose interests are affected by a reviewable
decision if the person has been served with a copy of that decision and with
the statement related to that decision in accordance with sub-section 47A (2),
section 90D or section 107VJ, whichever was applicable.

"(4) Section 29 of the Administrative Appeals Tribunal Act 1975 applies to and
in relation to an application to the Administrative Appeals Tribunal for a
review of a reviewable decision-

   (a)  as if 'ending 3 months' were substituted for 'ending on the
        twenty-eighth day' in sub-section (2) of that section; and

   (b)  as if at the end of sub-section (7) there were added 'until such date,
        being a date not more than 12 months after the date on which the
        document setting out the terms of the decision was furnished to the
        applicant, as the Tribunal deems fit'.



"(5) Section 30 of the Administrative Appeals Tribunal Act 1975 applies to a
proceeding before the Administrative Appeals Tribunal for a review of a
reviewable decision as if paragraphs (1) (a) and (b) of that section were
omitted.

"(6) Subject to section 30 of the Administrative Appeals Tribunal Act 1975 in
its application in accordance with sub-section (5) of this section, the
parties to a proceeding before the Administrative Appeals Tribunal for a
review of a reviewable decision are-

   (a)  if the person who has duly applied for a review of the decision is a
        person other than the Commission-

        (i)    the person who has so applied; and

        (ii)   the Commission; or

   (b)  in any other case-

        (i)    the Commission; and

        (ii)   the member of the Forces, or a dependant of a member of the
               Forces or deceased member of the Forces, affected by that
               decision.

Effective dates of payment of pension or increased pension

"107VZY. (1) This section is in addition to, and not in substitution for, any
of the provisions of section 43 of the Administrative Appeals Tribunal Act 
1975 in their application to proceedings for a review by the Administrative
Appeals Tribunal of a reviewable decision.

"(2) Where the Administrative Appeals Tribunal, upon application made under
sub-section 107VZW (1) for a review of a decision, grants a pension (not being
a service pension), or increases the rate at which a pension (not being a
service pension) is paid, the Tribunal may approve payment of the pension, or
payment of the pension at the increased rate, as the case may be-

   (a)  if the application was made within 3 months after service on the
        applicant of a document setting out the terms of that decision-from a
        date not earlier than the earliest date as from which the Board could,
        if it had not made that decision, have approved payment of the
        pension, or payment of the pension at the increased rate, as the case
        may be; or

   (b)  in any other case-

        (i)    if the review relates to a claim under section 25, from a date
               not more than 6 months before the date on which the application
               under sub-section 107VZW (1) was made; or

        (ii)   if the review relates to an application under section 26, from
               the date on which the application under sub-section 107VZW (1)
               was made.



"(3) Where the Administrative Appeals Tribunal, upon application under
sub-section 107VZW (2) for a review of a decision, grants a service pension or
increases the rate at which a service pension is to be paid, the Tribunal may
approve payment of the service pension, or service pension at the increased
rate, as the case may be-

   (a)  if the application was made within 3 months after service on the
        applicant of a document setting out the terms of that decision-from a
        date not earlier than the earliest date as from which the Commission
        could, if it had not made that decision, have approved payment of the
        pension, or payment of the pension at the increased rate, as the case
        may be, under section 90C; or

   (b)  in any other case-from the date on which the application under
        sub-section 107VZW (1) was made.

Period of operation of certain decisions of Administrative Appeals Tribunal

"107VZZ. (1) Where, on a review of a reviewable decision, the decision of the
Administrative Appeals Tribunal expressly, or in effect-

   (a)  assesses a rate of pension or increased rate of pension;

   (b)  refuses to grant a pension, on the ground that the extent of the
        incapacity of the member of the Forces was insufficient to justify the
        grant of such a pension;

   (c)  refuses to increase the rate of a pension; or

   (d)  reduces the rate of a pension, that decision of the Administrative
        Appeals Tribunal shall, subject to sub-section (2), be binding on the
        parties to the proceedings before that Tribunal for a period of 6
        months commencing on the day on which that Tribunal makes the
        decision.

"(2) If, during the period referred to in sub-section (1), the person to whom
the pension is payable, or who was refused a pension, is of the opinion that
his incapacity has increased, sub-section (1) does not prevent-

   (a)  the person from making application for an increased pension; or

   (b)  the grant of increased pension, from a date within that period, by the
        Commission upon its consideration of such an application or by the
        Board on a review of the decision of the Commission on such an
        application.



"(3) In this section, 'pension' does not include service pension. Payment of
travelling expenses in respect of attendances

"107VZZA. (1) Subject to such conditions as the Commission determines, where-

   (a)  the party (not being the Commission) to proceedings for a review of a
        reviewable decision who made application for the review; or

   (b)  if the Commission made application for the review-the other party to
        the proceedings for the review whose interests are affected by the
        reviewable decision, travels within Australia for the purpose of
        attending before the Administrative Appeals Tribunal in connection
        with the review, the party is entitled to receive such travelling
        expenses in connection with that travel as are prescribed.

"(2) Subject to such conditions as the Commission determines, an attendant who
travels within Australia for the purpose of accompanying a party referred to
in sub-section (1) on an attendance before the Administrative Appeals Tribunal
referred to in that sub-section is entitled to be paid such travelling
expenses in connection with that travel as the Commission considers
reasonable.".