certain assistance (such as child care, counselling and household services) to members or former members or to related persons of members, former members or deceased members.

the financial aspects of the relationship, including:

any joint ownership of real estate or other major assets and any joint liabilities; and

any significant pooling of financial resources especially in relation to major financial commitments; and

any legal obligations owed by one person in respect of the other person; and

the basis of any sharing of day-to-day household expenses;

the nature of the household, including:

any joint responsibility for providing care or support of children; and

the living arrangements of the people; and

the basis on which responsibility for housework is distributed;

the social aspects of the relationship, including:

whether the people hold themselves out as being in a de facto relationship with each other; and

the assessment of friends and regular associates of the people about the nature of their relationship; and

the basis on which the people make plans for, or engage in, joint social activities;

any sexual relationship between the people;

the nature of the people’s commitment to each other, including:

the length of the relationship; and

the nature of any companionship and emotional support that the people provide to each other; and

whether the people consider that the relationship is likely to continue indefinitely; and

whether the people see their relationship as a de facto relationship.

a claim may not be made under Part V on or after the date of commencement; and

an instrument may not be made under section 41B (acute support package) on or after that date.

claims that could previously be made under this Act will be able to be made under the MRCA; and

acute support packages that could previously be granted under this Act will be able to be granted under section 268B of the MRCA.

a claim or application may not be made under any of the following on or after the date of commencement:

Part II (other than Division 2A);

Part IV;

section 111 (other than in respect of bereavement payment under section 98AA);

a legislative instrument made under section 105 or 106; and

an instrument may not be made under section 115S (acute support package) on or after that date.

certain claims and applications that could previously be made under this Act, or under legislative instruments made under this Act, will be able to be made under the MRCA; and

acute support packages that could previously be granted under this Act will be able to be granted under section 268B of the MRCA.

before the date of commencement, the person made a claim for either of the following in respect of the injury or disease:

compensation under the DRCA;

a pension under Part II or IV of the VEA; and

as a result of the determination of that claim (including any reconsideration or review of a decision made in relation to that claim):

if subparagraph (a)(i) applies—liability to pay compensation in respect of the injury or disease was accepted; or

if subparagraph (a)(ii) applies—it was determined that the person was entitled to be granted a pension in respect of the injury or disease.

the Commission is taken to have accepted liability for the injury or disease under this Chapter; and

the injury or disease is taken to be a service injury, or a service disease, as the case may be.

warlike service;

non-warlike service;

British nuclear test defence service;

hazardous service;

peacetime service.

(c) peacetime service means service with the Defence Force that is not any of the following:

warlike service;

non-warlike service;

British nuclear test defence service;

hazardous service.

any period after the person’s appointment or allocation to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force; and

any period (not exceeding 28 days) of authorised travel by the person outside Australia after the person has ceased to serve with the Peacekeeping Force.

a person who has travelled from a place in Australia to a place outside Australia is taken to have commenced to travel outside Australia when the person departed from the last port of call in Australia; and

a person who has travelled to Australia from a place outside Australia is taken to have been travelling outside Australia until the person arrived at the first port of call in Australia.

the person was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment at any time during a period mentioned in an item of the following table; and

the vessel, vehicle, aircraft or equipment was contaminated as a result of its use in the area mentioned in the item.

used in measuring fallout from nuclear tests conducted in an area described in the table in subsection (1); and

contaminated by the fallout.

the service was rendered while the person was a member of the Defence Force; and

the person satisfies the requirements specified in an instrument under subsection (5).

British nuclear test defence service; or

hazardous service; and

that was, at the relevant time, at war with the enemy; or

the forces of which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area;

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country.

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port; or

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before the person entered into the agreement or indenture; or

a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or

a pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of the Commonwealth or of a State; or

a master, officer, seaman or apprentice employed in sea-going service on a ship owned in Australia and operating from an Australian port, being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel; or

a member or employee of the Commonwealth Salvage Board engaged in sea-going service under the direction of that Board; or

a master, officer, seaman or apprentice employed in sea-going service on a ship registered in New Zealand who the Commission is satisfied was engaged in Australia and is not entitled to compensation under a law of a Commonwealth country providing for the payment of pensions and other payments to seamen who suffered death or disablement as a result of World War 2.

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country.

in relation to a member of the Defence Force:

service in the Naval Forces of the Commonwealth of the kind known as continuous full-time naval service; or

service in the Military Forces of the Commonwealth of the kind known as continuous full-time military service; or

service in the Air Force of the Commonwealth of the kind known as continuous full-time air force service; or

in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country—service in those forces of a kind similar to the kind of service referred to in subparagraph (a)(i), (ii) or (iii); or

if the Minister determines, under paragraph (5)(a), that a person, or a person included in a class of persons, was rendering continuous full-time operational service while rendering service of a kind specified in the determination—service of that kind that was rendered by that person or a person included in that class of persons.

who was killed, or detained by the enemy, during World War 2; and

who was, at the time the person was killed or first detained:

a British subject; and

a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and

who was not, at that time:

rendering service as a member of the Defence Force; or

employed by the Commonwealth on a special mission outside Australia.

in relation to World War 1 or World War 2—the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; or

in relation to service in, or a period of hostilities in respect of, an operational area—the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; or

persons assisting any of those forces.

a member of the Defence Force; or

another person who is:

a member of the unit; or

attached to the unit; or

appointed for continuous full-time operational service with the unit; or

if the Minister determines, under paragraph (5)(b), that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination—the person or a person included in the class of persons.

enlisted or re-engaged in, or was appointed or re-appointed to, the Defence Force for continuous full-time operational service for a term of not more than 2 years; or

was appointed for continuous full-time operational service with a unit of the Defence Force for a term of not more than 2 years;

World War 1 from its commencement on 4 August 1914 to 11 November 1918 (both included); or

World War 2 from its commencement on 3 September 1939 to 29 October 1945 (both included); or

the period of hostilities in respect of Korea from 27 June 1950 to 19 April 1956 (both included); or

the period of hostilities in respect of Malaya from 29 June 1950 to 31 August 1957 (both included); or

the period of hostilities in respect of war-like operations in operational areas from 31 July 1962 to 11 January 1973 (both included).

the war that commenced on 4 August 1914; or

any other war in which the Crown became engaged after 4 August 1914 and before 11 November 1918.

the war that commenced on 3 September 1939; or

any other war in which the Crown became engaged after 3 September 1939 and before 3 September 1945.

in the case of duty that was carried out in an operational area described in item 1, 2, 3, 6, 7, 8, 9 or 10 of the table in section 451—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or

in the case of duty that was carried out in an operational area described in item 4, 5, 11, 12, 13, 14, 15, 16 or 17 of the table in section 451—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or

to a person, or unit of the Defence Force, that is, by written instrument signed by the Defence Minister, taken to have been allotted for duty in an operational area described in item 6 or 10 of the table in section 451.

rendered service during World War 1, either within or outside Australia; and

rendered the service as such a member in accordance with an acceptance or appointment by the Director-General of Medical Services for service outside Australia;

that a person, or a person included in a class of persons, was rendering continuous full-time operational service while rendering service of a kind specified in the determination;

that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination.

World War 1 is taken to have ended on 1 September 1921; and

World War 2 is taken to have ended on 28 April 1952.

the operational service were warlike service or non-warlike service; and

the person who is taken to have been rendering the operational service were a member who had rendered warlike service or non-warlike service.

any period of employment outside Australia as an Australian mariner on a ship; or

any period of employment within Australia as an Australian mariner on a ship if that period of employment ended immediately before, or started immediately after, the period of employment referred to in paragraph (a).

at any time when the person was at a place outside Australia on leave from the ship while the ship was at a port outside Australia;

at any time when the person was outside Australia while on the person’s way to take up employment as an Australian mariner on a ship;

while the person was awaiting return to Australia from employment as an Australian mariner on a ship;

while the person was returning to Australia from employment as an Australian mariner on a ship.

a member who was allotted for duty in that area; or

a member of a unit of the Defence Force that was allotted for duty in that area;

was domiciled in Australia or an external Territory immediately before the member’s appointment or enlistment in those forces; and

has rendered continuous full-time operational service in an operational area;

(a) if the member was in Australia on the day (the relevant day) from which the member, or the unit of the member, was allotted for duty in that area—on the day on which the member left the last port of call in Australia for that service; or

if the member was outside Australia on the relevant day—on that day;

if the member, or the unit of the member, ceased to be allotted for duty—the day from which the member, or the unit, ceased to be allotted for duty; or

if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area)—the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or

in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.

returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or

returned to Australia on emergency or other leave granted on compassionate grounds; or

returned to Australia on duty; or

returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force;

continued to be allotted for duty in an operational area; or

continued to be a member of a unit of the Defence Force allotted for duty in an operational area;

was assigned for service:

in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or

in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or

in North East Thailand (including Ubon) at any time during the period from and including 28 July 1962 to and including 24 June 1965; or

in North East Thailand (not including Ubon) at any time during the period from and including 31 May 1962 to and including 27 July 1962; or

was, at any time during the period from and including 1 August 1960 to and including 27 May 1963, in the area comprising the territory of Singapore and the country then known as the Federation of Malaya;

a member of the Defence Force; or

a member of a unit of the Defence Force;

is taken to have started:

(i) if the person was in Australia on the day (the relevant day) from which the person’s unit was assigned for service as described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be)—on the day on which the member left the last port of call in Australia for that service; or

if the person was outside Australia on the relevant day—on that day; and

is taken to have ended:

if the member was assigned for service in another country or area outside Australia (not being an operational area)—the day from which the member was assigned to that other country or area, or the day on which the member arrived at that other country or area, whichever is the later; or

in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.

the member has rendered continuous full-time operational service on a submarine for a period that started on or after 1 January 1978 and ended on or before the end of 12 May 1997;

(b) the member has rendered continuous full-time operational service on submarine special operations (the special service) at any time in the period beginning on 1 January 1978 and ending at the end of 12 May 1997;

the member:

has been awarded the Australian Service Medal with Clasp “SPECIAL OPS” for the special service; or

has become eligible for that award for the special service; or

would have been eligible for that award for the special service if the member had not already been awarded it for other service;

in the demilitarised zone between North Korea and South Korea after 18 April 1956; or

on HMA Ship Vampire or Quickmatch in Vietnam during the period from and including 25 January 1962 to and including 29 January 1962;

before the date of commencement, a claim was made under the DRCA or the VEA in respect of the same injury or disease; and

that claim has not yet been finally determined.

before the date of commencement, a claim was made under the DRCA or the VEA in respect of an injury or disease; and

that claim has been refused (whether before or after that date);

the date on which a claim was made under section 319 for acceptance of liability for the compensable condition; and

the date on which both of the following were first satisfied, as estimated by a medical practitioner who has examined the person:

the impairment suffered by the person as a result of the compensable condition became likely to continue indefinitely;

the person’s compensable condition stabilised.

the date on which a claim was made under section 319 for acceptance of liability for the additional service injuries or diseases; and

the date on which both of the following were first satisfied, as estimated by a medical practitioner who has examined the person:

the additional impairment suffered by the person as a result of the additional injuries or diseases became likely to continue indefinitely;

each of the person’s additional injuries or diseases stabilised.

the date on which the Commission was notified of the deterioration in the person’s compensable condition; and

the date on which both of the following were first satisfied, as estimated by a medical practitioner who has examined the person:

the additional impairment suffered by the person as a result of the deterioration in the person’s compensable condition became likely to continue indefinitely;

the person’s compensable condition stabilised.

if the date on which the person became entitled to compensation under that section in respect of the injury or disease is the date mentioned in paragraph 68(3)(a)—that date; or

if the date on which the person became entitled to compensation under that section in respect of the injury or disease is the date mentioned in paragraph 68(3)(b)—the first day of the calendar month during which that date occurs.

if the date on which the person became entitled to compensation under that subsection in respect of the injury or disease is the date mentioned in paragraph 71(4)(a)—that date; or

if the date on which the person became entitled to compensation under that subsection in respect of the injury or disease is the date mentioned in paragraph 71(4)(b)—the first day of the calendar month during which that date occurs.

if the date on which the person became entitled to compensation under that subsection in respect of the deterioration in the injury or disease is the date mentioned in paragraph 71(5)(a)—that date; or

if the date on which the person became entitled to compensation under that subsection in respect of the deterioration in the injury or disease is the date mentioned in paragraph 71(5)(b)—the first day of the calendar month during which that date occurs.

the person is a veteran who is receiving, or is granted, a pension under this Part at a rate provided for by subsection 22(4) or section 23, 24 or 25; and

the periodic payments of compensation are payments of compensation under Part 3 or 4 of Chapter 4 of the MRCA that are made on or after the date of commencement in respect of a period of incapacity that starts on or after that date;

in the case of a person who had not used tobacco products before 1 January 1998—only because the person used tobacco products after 31 December 1997; or

in the case of a person who had used tobacco products before 1 January 1998—only because the person increased their use of tobacco products after 31 December 1997.

the injury was sustained while the person was on duty as a member, whether or not as a result of performing that duty;

the death occurred while the person was on duty as a member, whether or not as a result of performing that duty;

the deceased person made the claim for compensation before the person’s death; and

the deceased person did not make a choice under subsection (1) in respect of the weekly amount before the person’s death.

the appropriate percentage were 100%; and

the weekly amount converted to a lump sum were worked out by reference to the person’s age at the date of the person’s death; and

the weekly amount converted to a lump sum excluded any compensation payable in respect of the effect of a service injury or disease on a person’s lifestyle.

the Defence Department;

the Australian Defence Force;

any of the following apply:

a person is entitled to treatment under Chapter 6 of this Act;

a person is entitled to compensation for medical treatment under the DRCA;

a person is entitled to treatment under Part V of the VEA; and

the Chief of the Defence Force;

the person who made the claim or application (as the case requires).

an amount equal to the total of the following:

all amounts of compensation paid to the person under this Act in respect of the service death before the recovery of damages (except MRCA supplement under section 245 and compensation for dependants under section 242, 253 or 255);

all amounts of compensation paid to the person under the DRCA in respect of the service death before the recovery of damages;

all amounts of pension paid to the person under Part II or IV of the VEA in respect of the service death before the recovery of damages; and

any of the following apply:

compensation is payable under this Act in respect of a service injury, disease or death of a person;

compensation is, or has been, payable under the DRCA in respect of an injury, disease or death of a person;

a pension is, or has been, payable under Part II or IV of the VEA in respect of an injury, disease or death of a person; and

any of the following apply:

(i) compensation is payable under this Act in respect of a service injury, disease or death of a person (the cause of action);

(ii) compensation is payable under this Act in respect of the loss of, or damage to, a medical aid used by a person (the cause of action);

(iii) compensation is, or has been, payable under the DRCA in respect of an injury, disease or death of a person (the cause of action);

(iv) compensation is, or has been, payable under the DRCA in respect of the loss of, or damage to, property used by a person (the cause of action);

(v) a pension is, or has been, payable under cause of action); andPart II or IV of the VEA in respect of an injury, disease or death of a person (the

an amount equal to the total of:

if the claim relates to a cause of action mentioned in subparagraph 392(1)(a)(i) or (ii)—all amounts of compensation paid to the plaintiff under this Act before the payment of the damages (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255) in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 392(1)(a)(iii) or (iv)—all amounts of compensation paid to, or for the benefit of, the plaintiff under the DRCA before the payment of the damages in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 392(1)(a)(v)—all amounts of pension paid to the plaintiff under Part II or IV of the VEA before the payment of the damages in respect of the cause of action; and

any of the following apply:

(i) compensation is payable under this Act in respect of a service injury, disease or death of a person (the cause of action);

(ii) compensation is payable under this Act in respect of the loss of, or damage to, a medical aid used by a person (the cause of action);

(iii) compensation is, or has been, payable under the DRCA in respect of an injury, disease or death of a person (the cause of action);

(iv) compensation is, or has been, payable under the DRCA in respect of the loss of, or damage to, property used by a person (the cause of action);

(v) a pension is, or has been, payable under cause of action); andPart II or IV of the VEA in respect of an injury, disease or death of a person (the

an amount equal to the total of:

if the claim relates to a cause of action mentioned in subparagraph 399(a)(i) or (ii)—all amounts of compensation paid to the person under this Act before the payment of the damages (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255) in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 399(a)(iii) or (iv)—all amounts of compensation paid to, or for the benefit of, the person under the DRCA before the payment of the damages in respect of the cause of action; or

if the claim relates to a cause of action mentioned in subparagraph 399(a)(v)—all amounts of pension paid to the person under Part II or IV of the VEA before the payment of the damages in respect of the cause of action; and

compensation is payable under this Act; or

compensation is payable under the DRCA; or

a pension is payable under Part II or IV of the VEA;

compensation under this Act (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255);

compensation under the DRCA;

a pension under Part II or IV of the VEA.

appears to the Commission to be liable to pay damages:

(i) to a person (the plaintiff) in respect of an injury (within the meaning of the DRCA) of the plaintiff; or

(ii) to a person (the plaintiff) in respect of the loss of, or damage to, property used by the plaintiff; or

(iii) to a dependant (within the meaning of the DRCA) (the plaintiff) of a person in respect of the death of the person that resulted from an injury (within the meaning of the DRCA);

appears to the Commission to be liable to pay damages:

(i) to a person (the plaintiff) in respect of an injury or disease of the plaintiff; or

(ii) to a dependant (within the meaning of the VEA) (the plaintiff) of a person in respect of the death of the person;

whichever of the following applies:

the total amount of compensation paid to the plaintiff under this Act in respect of the injury, disease, death, loss or damage (except MRCA supplement under section 221 or 245 and compensation for dependants under section 242, 253 or 255);

the total amount of compensation paid to the plaintiff under the DRCA in respect of the injury, loss or damage;

the total amount of pension paid to the plaintiff under Part II or IV of the VEA in respect of the injury, disease or death.

(a) definition of approved program provider;

(b) definition of rehabilitation authority.

on and after the date of commencement, is taken to be an approved rehabilitation program for the purposes of the MRCA because of section 104 of the CTPA; and

has not ceased under section 53 of the MRCA.

on and after the date of commencement, is taken to be an approved rehabilitation program for the purposes of the MRCA because of section 104 of the CTPA; and

has not ceased under section 53 of the MRCA.

a transferred VEA rehabilitation program; or

a rehabilitation program that:

was undertaken under this Act before the date of commencement; and

is not a transferred VEA rehabilitation program.

the person is not participating in the Vehicle Assistance Scheme under the VEA; and

specify the circumstances in which persons must obtain financial or legal advice (which must be circumstances that relate to an entitlement to compensation or other benefits under this Act); and

require the advice to be obtained from:

in the case of financial advice—a suitably qualified financial adviser; and

in the case of legal advice—a practising lawyer; and

provide for consequences to apply if the advice is not obtained.

Part 2 of Chapter 4 (permanent impairment);

Part 6 of Chapter 4 (choice to receive a Special Rate Disability Pension);

Part 2 of Chapter 5 (compensation for member’s death for wholly dependent partners);

must also make provision for and in relation to the payment of compensation, by the Commonwealth, for costs incurred by the person in obtaining the advice; and

may specify the maximum amount of compensation payable for such costs; and

may provide for the indexation of that maximum amount.

sections 81 to 83;

sections 205 to 207;

Division 3 of Part 2 of Chapter 5.

the deceased member died before the date of commencement; and

the claim for compensation under section 319 was made on or after that date; and

the Commonwealth is liable to pay compensation in respect of the deceased member’s funeral under section 268AB.

the member was being paid a pension under Part II of the VEA at the rate specified in subsection 22(4) of that Act; or

the member was being paid a pension under Part II of the VEA as a member to whom section 24 of that Act applied; or

the member was being paid a pension under Part II of the VEA at a rate that had been increased under section 27 of that Act because the member was incapacitated from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; or

the Commission was satisfied that the member had, before 1 July 2004, been made a prisoner of war at a time when the member was rendering operational service.

any of subsections (3) to (5) apply in respect of the deceased member; and

the Commonwealth is not liable to pay compensation in respect of the deceased member’s funeral under section 268AA; and

a claim for compensation has been made under section 319.

in respect of a dependant of the deceased member if the dependant incurred the cost of the funeral; or

by the deceased member’s legal personal representative.

the member’s death was war-caused (within the meaning of the VEA); or

the member died in indigent circumstances.

the member died:

in a hospital or other institution; or

while travelling to or from a hospital or other institution; or

after having been discharged from a hospital or other institution in which the member was being treated for a terminal illness; or

while being treated for a terminal illness at the member’s home instead of at a hospital or other institution; and

if subparagraph (a)(i) or (ii) applies—treatment is or was provided in the hospital or other institution; and

in any case—the treatment is or was arranged by the Commission under Chapter 6 of this Act or Part V of the VEA.

a pension is granted to the member that is determined to be payable, from a date before the member’s death:

at a rate that is worked out under subsection 22(4) of the VEA; or

(ii) at a rate that is worked out under VEA; orsection 24 of the

(iii) at a rate that is worked out under VEA because the member was suffering from incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; orsection 27 of the

(b) the rate of a pension that was payable to the member under is increased, as from a date before the member’s death because:Part II of the VEA

(i) subsection 22(4) or VEA applied to the member as from that date; orsection 24 of the

(ii) applied to the member as from that date because of incapacity from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act; orsection 27 of the VEA

information is received which satisfies the Commission that the member was, before 1 July 2004, made a prisoner of war at a time when the member was rendering operational service.

any of subsections (3) to (5) apply in respect of the dependant; and

a claim for compensation has been made under section 319.

by the deceased dependant’s legal personal representative; or

by another person approved by the Commission to make the claim.

the dependant is not a reinstated pensioner (within the meaning of the VEA); and

the dependant died in indigent circumstances; and

any of the following apply in respect of the deceased member:

the member’s death was war-caused (within the meaning of the VEA);

immediately before the member’s death, the member was being paid a pension under Part II of the VEA as a member to whom section 24 of that Act applied;

immediately before the member’s death, the member was being paid a pension under Part II of the VEA at a rate that had been increased under section 27 of that Act because the member was incapacitated from a war-caused injury or a war-caused disease of a kind described in any of items 1 to 8 of the table in subsection 27(1) of that Act.

is a reinstated pensioner (within the meaning of the VEA); and

died in indigent circumstances.

either:

the dependant was a wholly dependent partner of the deceased member; or

the dependant was both an eligible young person, and a dependant of the deceased member, immediately before the member’s death; and

the dependant died in indigent circumstances; and

section 12 applies in respect of the deceased member.

the lesser of the following amounts:

$3,000;

an amount equal to the amount paid or payable in respect of the funeral of the deceased member; and

if the body of the deceased member was transported in the circumstances mentioned in subsection (3)—an amount equal to a reasonable charge for transporting the body of the deceased member.

the deceased member died at a place other than the member’s ordinary place of residence;

the deceased member was absent from the member’s ordinary place of residence for the purpose of obtaining medical treatment;

the Commission arranged for the provision of the treatment;

a charge was made by the funeral director expressly for transporting the body of the deceased member from the place where the member died to the place where the member ordinarily resided immediately before the member died;

the charge made by the funeral director did not relate to transporting the body of the deceased member:

outside Australia; or

from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.

if the member is travelling from the member’s ordinary place of residence for the purpose of obtaining medical treatment; or

if the member is returning to the member’s ordinary place of residence after having obtained medical treatment; or

if the member is being provided with medical treatment at a place other than the member’s ordinary place of residence; or

if the member is away from the member’s ordinary place of residence on the recommendation of the member’s doctor by way of treatment for an injury or disease.

$3,000;

an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant.

the person who made the claim for compensation; or

if that person so directs:

the person who carried out the funeral; or

any other person who incurred the cost of the funeral.

the person is receiving, or is eligible to receive:

compensation for incapacity under Part 3 or 4 of Chapter 4; or

a Special Rate Disability Pension; or

a pension under Part II of the VEA as a person to whom section 23, 24 or 25 of that Act applies; or

a veteran payment made under an instrument made under section 45SB of the VEA;

the member or former member is receiving, or is eligible to receive:

compensation for incapacity under Part 3 or 4 of Chapter 4; or

a Special Rate Disability Pension; or

a pension under Part II of the VEA as a person to whom section 23, 24 or 25 of that Act applies; or

a veteran payment made under an instrument made under section 45SB of the VEA;

the partner of a deceased member immediately before the deceased member’s death; and

partly dependent on the deceased member at the date of the deceased member’s death;

the person is under 65 years of age at the time the person’s eligibility for an acute support package is determined;

the deceased member’s death occurred no more than 2 years before the day the person’s eligibility for the package is determined;

the deceased member’s death resulted from an injury (within the meaning of the DRCA).

before the start of the period, the person has been awarded the Victoria Cross or the Victoria Cross for Australia; and

at the start of the period:

the person is living; and

the award has not been rescinded.

the period of 12 months starting on 20 September 2026;

each subsequent period of 12 months starting on 20 September.

the circumstances in which the Commonwealth is liable to pay decoration allowance;

the decorations that are eligible decorations;

the amount, or a method for working out the amount, of decoration allowance;

indexation of the amount of decoration allowance;

the persons to whom decoration allowance is payable.

using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

the period of 12 months starting on 20 September 2024;

each subsequent period of 12 months starting on 20 September.

prisoner of war recognition supplement under Part 3 of Chapter 5AA;

a European State that was at war with the Crown at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945; or

a European ally (whether or not a State) of a State covered by paragraph (a).

confined in a camp, building, prison, cave or other place (including a vehicle); or

restricted to residing within specified limits.

(a) the military forces that are relevant military forces; and

(b) the period that is the designated war period for those relevant military forces; and

(c) the date that is the compensation eligibility date in respect of those relevant military forces and that designated war period.

the person is a former member; and

the person was interned by relevant military forces at any time during the designated war period for the relevant military forces; and

the person was alive on the compensation eligibility date for the relevant military forces and designated war period; and

a claim for compensation in respect of the person has been made under section 319.

the deceased member was interned by relevant military forces at any time during the designated war period for the relevant military forces; and

the deceased member died before the compensation eligibility date for the relevant military forces and designated war period; and

the person was a partner of the deceased member immediately before the member’s death; and

the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

a claim for compensation in respect of the deceased member has been made under section 319.

the person was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

the person was domiciled in Australia immediately before the civilian’s internment; and

the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

a claim for compensation in respect of the person has been made under section 319.

the deceased civilian was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

the deceased civilian was domiciled in Australia immediately before the civilian’s internment; and

the deceased civilian died before the compensation eligibility date for the relevant military forces and designated war period; and

the person was a partner of the deceased civilian immediately before the civilian’s death; and

the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

a claim for compensation in respect of the deceased civilian has been made under section 319.

the deceased member was interned by the relevant military forces covered by item 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

the deceased member died before the compensation eligibility date for the relevant military forces and designated war period; and

the person was a dependant (within the meaning of the VEA), but not a partner or a child, of the deceased member immediately before the member’s death; and

the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

a claim for compensation in respect of the deceased member has been made under section 319.

compensation under any of those subsections has previously been paid in respect of the person; or

a payment under any of the following has previously been made in respect of the person:

(i) the Compensation (Japanese Internment) Act 2001;

(ii) Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007;

(iii) Part 2 of the Veterans’ Entitlements (Clarke Review) Act 2004;

(iv) the Veterans’ Entitlements (Compensation—Japanese Internment) Regulations 2001.

the person is a former member; and

the person was interned by relevant military forces at any time during the designated war period for the relevant military forces.

the person was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

the person was domiciled in Australia immediately before the civilian’s internment.

using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and

disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

the period of 12 months starting on 20 September 2024;

each subsequent period of 12 months starting on 20 September.

a payment under section 268AJ of the MRCA (compensation in respect of former members and civilians interned by certain military forces);

a child of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, being a member:

whose death was defence-caused (within the meaning of the VEA); or

who was, immediately before the member’s death, a member to whom subsection 22(4) or section 24 of the VEA applied; or

who was, immediately before the member’s death, in receipt of a pension under Part IV of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or

a child of a member of the Forces, or of a member of a Peacekeeping Force, being a member:

to whom subsection 22(4) or section 24 of the VEA applies; or

who is in receipt of a pension under Part IV of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or

a child of a deceased veteran, being a veteran:

whose death was war-caused (within the meaning of the VEA); or

who was, immediately before the veteran’s death, a veteran to whom subsection 22(4) or section 24 of the VEA applied; or

who was, immediately before the veteran’s death, in receipt of a pension under Part II of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or

who was a prisoner of war at a time when the veteran was on operational service; or

a child of a veteran, being a veteran:

to whom subsection 22(4) or section 24 of the VEA applies; or

who is in receipt of a pension under Part II of the VEA in respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of that Act; or

a child of a deceased veteran, being a child who is in receipt of a pension under subsection 13(4) of the VEA; or

a person determined under subsection 257C(4) of this Act to be included in a class that has been determined by the Commission under subsection 257B(1) of this Act.

subsection 22(4) or section 24 of the VEA applied to the member; or

the member was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of the VEA;

if paragraph (a) of this subsection applies—a member to whom subsection 22(4) or section 24 of the VEA applied immediately before the member’s death; or

if paragraph (b) of this subsection applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before the member’s death.

subsection 22(4) or section 24 of the VEA applied to the veteran; or

the veteran was suffering from an incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in subsection 27(1) of the VEA;

if paragraph (a) of this subsection applies—a veteran to whom subsection 22(4) or section 24 of the VEA applied immediately before the veteran’s death; or

if paragraph (b) of this subsection applies—in receipt of that pension or of pension at that increased rate, as the case may be, immediately before the veteran’s death.

member of the Forces;

member of a Peacekeeping Force;

veteran.

a class of persons determined by the Commission under subsection 257B(1);

a class of persons determined by the Commission under subsection 257B(2).

with the person’s approval; or

by the person’s legal personal representative; or

if the person is unable, because of physical or mental incapacity, to approve someone to make the application on the person’s behalf—by another person approved by the Commission; or

if the person is under the age of 18 years:

by a parent or guardian of the person; or

by someone approved by a parent or guardian of the person; or

if there is not a parent or guardian of the person alive, or willing and able to make, or approve someone to make such an application on behalf of the person—by another person approved by the Commission.

if the Commission is satisfied that the person falls within a determined class—that the person is included in that determined class; or

otherwise—that the person is not included in a determined class.

a VEA eligible grandchild.

the Commission has accepted liability for another injury or disease of the member or former member (other than because of the operation of section 24A of this Act); or

the Commission is satisfied that:

the member, or former member, has suffered additional impairment as result of another injury or disease or as a result of a deterioration in the original condition; and

the increase in the member’s, or former member’s, overall impairment constitutes at least 5 impairment points.

(db) a determination under VEA eligible child and VEA eligible grandchild);section 257B (determination of classes for purposes of definitions of

a determination under subsection 257C(4) (determination that person is included in class determined under section 257B);

under the scheme determined under section 258 of the MRCA (education scheme for certain eligible young persons and other children).

under the scheme determined under section 258 of the MRCA (education scheme for certain eligible young persons and other children).

either or both of the following apply:

the Commission has accepted liability for one or more injuries or diseases of the person (other than because of the operation of section 24A of this Act);

the person is covered by subsection (1A) of this section; and

the Commission has determined that the degree of impairment suffered by the person as a result of one or more service injuries or diseases constitutes at least 80 impairment points.

(a) the Commission is taken to have accepted liability for an injury sustained, or a disease contracted, by the person (the original condition) because of the operation of section 24A; and

the Commission is satisfied that:

the person has suffered additional impairment as result of another injury or disease or as a result of a deterioration in the original condition; and

the increase in the person’s overall impairment constitutes at least 5 impairment points.

the person or persons to whom an additional amount in respect of an eligible young person or child is payable; and

if the additional amount is payable to more than one person—the proportion of the additional amount that is payable to each of the persons.

assistance or benefits granted under section 424 (special assistance);

treatment to which a person is entitled under Part 3; or

treatment in respect of which compensation is payable under Division 1A of this Part; or

treatment in respect of which compensation is payable under section 16 of the DRCA; or

treatment to which a person is entitled under Part V of the VEA.

how applications for advance payments are made under the scheme;

investigating and determining those applications.

any amount by which an advance payment (under the scheme referred to in section 291A) in respect of compensation a person is expected to become entitled to under section 290 or 291 exceeds the amount of compensation that the person becomes entitled to under section 290 or 291; or

advance payments under the scheme referred to in section 291A;

the Commission has accepted liability for another injury or disease of the person (other than because of the operation of section 24A); or

the Commission is satisfied that:

the person has suffered additional impairment as a result of another injury or disease or as a result of a deterioration in the original condition; and

the increase in the person’s overall impairment constitutes at least 5 impairment points.

before the date of commencement, the person made a claim for compensation under the DRCA in respect of the original condition; and

as a result of the determination of that claim (including any reconsideration or review of a decision made in relation to that claim), liability to pay compensation in respect of the original condition was accepted.

that a member or former member included in a specified class is eligible to be provided with treatment of a specified kind under this Part;

that a person who is the dependant of a member or former member and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part;

that a person who was the dependant of a member or former member and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part;

that a person who is not covered by paragraph (a), (b) or (c) and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part.

a determination under section 284A;

the arrangements made under section 285;

a treatment determination under section 286.

counselling services for:

members, former members and dependants of members and former members; and

a person in a class in respect of which a determination under paragraph 284A(1)(c) has been made; and

a person included in a class of persons specified in an instrument under subsection (2) of this section; and

psychiatric assessment of a person in a class in respect of which a determination under paragraph 284A(1)(b) or (c) has been made.

a person has sustained an injury; and

the injury is of a kind specified in a determination under subsection (3) to be an injury attributable to defence service of a kind specified in the determination; and

the person was, at the time the injury was sustained, a member rendering defence service of that kind;

a person has contracted a disease; and

the disease is of a kind specified in a determination under subsection (3) to be a disease attributable to defence service of a kind specified in the determination; and

the person was, at any time before the disease was contracted, a member rendering defence service of that kind;

one or more kinds of injury that are attributable to one or more kinds of defence service;

one or more kinds of disease that are attributable to one or more kinds of defence service.

(a) the Commission, the Board or the Tribunal is reconsidering or reviewing a determination (the original claim determination) in relation to a claim under section 319; and

(b) at the time the original claim determination was made, a determination under subsection 27A(3) (the earlier presumption determination) was in force in respect of:

the kind of injury sustained by the person in respect of whom the claim was made; or

the kind of disease contracted by the person in respect of whom the claim was made; and

(c) at the time the decision on the reconsideration or review is made, a different determination under subsection 27A(3) (the current presumption determination) is in force in respect of that kind of injury or disease; and

the presumption in subsection 27A(1) or (2) is relied on for the purposes of making the decision on the reconsideration or review.

(a) the Commission, the Board or the Tribunal is reconsidering or reviewing a determination (the original claim determination) in relation to a claim to which section 338 or 339 applies; and

(b) at the time the original claim determination was made, a Statement of Principles (the earlier Statement of Principles) was in force in respect of:

the kind of injury sustained by the person in respect of whom the claim was made; or

the kind of disease contracted by the person in respect of whom the claim was made; or

the kind of death suffered by the person in respect of whom the claim was made; and

(c) at the time the decision on the reconsideration or review is made, a different Statement of Principles (the current Statement of Principles) is in force in respect of that kind of injury, disease or death.

a determination under subsection 27A(3) (presumption that certain injuries and diseases are attributable to defence service);

Additional Disablement Amount under Division 3A of Part 7 of Chapter 4; or

Additional Disablement Amount under Division 3A of Part 7 of Chapter 4;

either:

the person is not pension age or older; or

the person is pension age or older but section 121 applies to the person;

the Commission has accepted liability for one or more service injuries or diseases of the person; and

the person is not receiving any of the following:

compensation for incapacity under Part 3 or 4 of this Chapter;

a Special Rate Disability Pension;

a pension under Part II of the VEA as a veteran to whom subsection 22(4), or section 23, 24, 25 or 27, of that Act applies; and

the person is pension age or older; and

the Commission has determined under Part 2 of this Chapter that an impairment suffered by the person as a result of one or more service injuries or diseases constitutes 70 or more impairment points and the effect of the injuries or diseases on the person’s lifestyle constitutes 6 or more impairment points.

any weekly amounts that are being paid to the person under Part 2 of this Chapter; and

if the person has chosen to convert all or part of one or more weekly amounts that were payable to the person under that Part to lump sums—those weekly amounts or those parts of those weekly amounts.

has retired voluntarily, or has been compulsorily retired, from the person’s work; and

receives either or both a pension or lump sum under a Commonwealth superannuation scheme as a result of the retirement.

an Additional Disablement Amount:

is payable to the person for the day; or

would be payable to the person for the day apart from section 220C and paragraph 398(3)(b); and

the person resides in Australia on the day; and

on the day the person either:

is in Australia; or

is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.

Division 3A of Part 7 of Chapter 4 (Additional Disablement Amount); and

Division 3A of Part 7 of Chapter 4 (Additional Disablement Amount); and

a member or former member who satisfies the eligibility criteria in section 220A (Additional Disablement Amount), or who has satisfied those criteria during some period of the member’s life;

a payment of an Additional Disablement Amount under Division 3A of Part 7 of Chapter 4 of the MRCA;

if subsection 220C(5) of the MRCA applies to a person—an amount per fortnight, worked our under section 5IA of this Act, that would, apart from this paragraph, be income of the person;

a payment of an Additional Disablement Amount under Division 3A of Part 7 of Chapter 4 of the MRCA;

if subsection 220C(5) of the MRCA applies to a person—an amount per fortnight, worked out under section 5IA of this Act;

conferencing;

mediation;

neutral evaluation;

case appraisal;

conciliation;

procedures or services prescribed in an instrument under subsection (1A);

arbitration;

court procedures or services.

section 268B of this Act; or

(b) Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988; orsection 41B of the

(c) Veterans’ Entitlements Act 1986.section 115S of the

a reference to an original determination were a reference to the decision; and

a medical practitioner; or

a hospital, or similar institution, in which the person received medical treatment;

(a) certain determinations under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (see section 62 of that Act); and

(b) certain decisions under the Veterans’ Entitlements Act 1986 (see section 134 of that Act).

be in writing; and

be given to the Board within 12 months after the day on which notice of the original determination was given to the person making the application.

cause a report to be prepared that refers to the evidence on which the original determination was based; and

subject to subsection (2), cause a copy of the report to be served on the applicant.

is of a confidential nature; or

might be prejudicial to the physical or mental health or well-being of the applicant to communicate to the applicant;

all of the relevant documents, including any comments given to the Commission by the applicant concerning the report served on the applicant;

if a further investigation has been made in consequence of the comments of the applicant—a supplementary report referring to any evidence obtained in that further investigation.

if the applicant gives comments in accordance with subsection (3) and no further investigation is made in consequence of those comments—as soon as practicable after receipt of those comments; or

if a further investigation is made in consequence of comments given by the applicant—as soon as practicable after the completion of that further investigation; or

in any other case—as soon as practicable after the expiration of the period or extended period referred to in subsection (3).

an application for review is made to the Board; and

before the Board determines the review:

a party to the review obtains possession of a document; and

the document is relevant to the review; and

a copy of the document has not already been lodged with the Board;

the applicant for the review; and

the Commission.

appear in person, or be represented by a person other than a legal practitioner, at any hearing of the review; and

make such submissions, in writing, to the Board as the party, or the party’s representative, considers relevant to the review.

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

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.

informing the party that the Board is to review the original determination; and

requesting the party to inform the Principal Member, in writing, within a reasonable time specified in the notice, whether:

the party wishes to appear on the hearing of the review; and

if the party wishes to appear, whether the party intends to appear on the hearing in person, or be represented as mentioned in section 352G.

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

cause notice of the date, time and place so fixed to be served on each party to the review.

a Board member;

the National Registrar;

a Registrar;

a Deputy Registrar;

a Conference Registrar.

require any person who is a party to the review to provide further information in relation to the review; or

require the Commission to provide a statement of the grounds on which the application for review will be resisted at the hearing of the review; or

require any person who is a party to the review to provide a statement of matters or contentions upon which reliance is intended to be placed at the hearing of the review.

may give general directions as to the procedure of the Board with respect to reviews before it, including reviews the hearings of which have not been commenced; and

may give directions as to the procedure of the Board with respect to a particular review before the Board, either before or after the hearing of the review has commenced.

as to the manner of communication of documents, including electronic documents, that are required or permitted to be communicated to the Board; and

as to the time at which such documents are to be taken to have been so communicated.

documents, comments and supplementary reports forwarded to the Principal Member under subsection 352D(4); and

notices given to the Principal Member by a party to a review for the purposes of section 352H; and

documents produced to the Board under section 352Q for the purposes of the hearing of a review; and

further documents and reports of investigations or examinations forwarded to the Board as a consequence of a request made under subsection (8) of this section; and

documents withdrawing or discontinuing applications for review communicated to the Board under subsection 353C(2).

to obtain, and give to the Principal Member, further documents; or

to arrange for the making of any investigation or medical examination and to give to the Principal Member a report of the investigation or examination.

section 352H (notice of hearing etc.); or

directions under subsection 359CL(2).

telephone; or

closed-circuit television; or

any other means of communication.

the Board is constituted for the purposes of a review by 2 Board members only; and

the 2 Board members cannot agree on a question arising in the review;

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

adjourn a hearing of a review from time to time.

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

administer an oath or affirmation to a person so appearing.

may be exercised on behalf of the Board by:

the presiding member for the review; or

by another person (whether a Board member or not) authorised by the presiding member; and

may be exercised within or outside Australia; and

if the Board directs that the power is to be exercised subject to any limitations specified by the Board—is subject to any limitations so specified.

the authorised person has, for the purposes of taking that evidence, all the powers of the Board under subsection (1) and all the powers of the presiding member under subsection (2); and

for the purposes of the exercise of those powers by the authorised person, this Part has effect as if a reference to the Board, or to the presiding member, in relation to the review included a reference to the authorised person.

appear at a hearing of the review to give evidence;

produce any document or other thing specified in the summons.

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

it might be prejudicial to the physical or mental health or well-being of the applicant to communicate any such information to the applicant;

is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and

must act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and

without limiting paragraphs (a) and (b), must 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:

the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and

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 defence service of a member was not reported to the appropriate authorities.

any Statements of Principles applied by the Commission; and

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.

confirm the determination; or

vary the determination; or

revoke the determination and make a new determination in substitution for the determination revoked.

the application for review is taken to be an application for review of the determination as varied; and

the person who made the application may:

proceed with the application for review of the determination as varied; or

withdraw the application.

the application is taken to be an application for review of the new determination; and

the person who made the application may:

proceed with the application for review of the new determination; or

withdraw the application.

direct the holding of a conference of the parties to the review, or their representatives, in relation to the review, any part of the review or any matter arising out of the review; or

direct that the review, any part of the review or any matter arising out of the review, be referred for a particular alternative dispute resolution process (other than conferencing).

whether or not a direction has previously been given under paragraph (1)(a) or (b) in relation to the review; and

whether or not a direction under subsection (2) or (3) has applied.

a review; or

a part of a review; or

a matter arising out of a review;

the procedure to be followed in the conduct of an alternative dispute resolution process;

the person who is to conduct an alternative dispute resolution process;

the procedure to be followed when an alternative dispute resolution process ends.

a Board member; or

the National Registrar, a Registrar, a Deputy Registrar or a Conference Registrar; or

a person engaged under section 353.

in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties to a review or their representatives as to the terms of a decision of the Board:

in the review; or

in relation to a part of the review; or

in relation to a matter arising out of the review;

the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and

7 days pass after lodgement, and none of the parties has notified the Board in writing that the party wishes to withdraw from the agreement; and

the Board is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Board;

a part of the review; or

a matter arising out of the review;

the parties, or their representatives, reach agreement on the variation or revocation; and

the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Board; and

the variation or revocation appears appropriate to the Board; and

in the case of a variation—the Board is satisfied that it would have been within the powers of the Board to have made the decision as varied.

in any court; or

in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or

in any proceedings before a person authorised by the consent of the parties to hear evidence.

a case appraisal report prepared by a person conducting an alternative dispute resolution process under this Division; or

a neutral evaluation report prepared by a person conducting an alternative dispute resolution process under this Division;

an alternative dispute resolution process under this Division in relation to a review is conducted by a Board member; and

a party to the review notifies the Board before the hearing that the party objects to that Board member participating in the hearing;

telephone; or

closed-circuit television; or

any other means of communication.

the evidence that was before the Commission when the determination was made; and

any further evidence before the Board on the review that was not before the Commission, being further evidence relevant to the review.

this Act; and

if the determination was made under another Act—that other Act;

affirming the original determination; or

varying the original determination; or

setting aside the original determination and:

making a decision in substitution for the original determination; or

making a decision in substitution for the original determination and, in relation to the substituted decision, remitting one or more matters to the Commission for consideration in accordance with any directions or recommendations of the Board; or

remitting one or more matters to the Commission for reconsideration in accordance with any directions or recommendations of the Board.

a party to the review may, within 28 days after the day a copy of the decision is given to the party, request the Board for a written statement of the Board’s reasons for its decision; and

the Board must comply with any request within 28 days after receiving the request.

is of a confidential nature; or

might be prejudicial to the physical or mental health or wellbeing of the applicant for the review to communicate to the applicant;

a directions hearing for the review; or

an alternative dispute resolution process held under Division 4 in relation to the application; or

the hearing of the review;

a person is taken to appear in person or by a representative at an alternative dispute resolution process if the person or representative participates in it by a means allowed under section 352Z; and

a person is taken to appear in person or by a representative at a directions hearing, or the hearing of the review, if the person or representative participates in it by a means allowed under section 352K.

the applicant for the review of an original determination is notified in writing by the National Registrar that the original determination does not appear to be reviewable by the Board; and

before the end of the period prescribed in an instrument under subsection (8), the person is unable to show that the original determination is so reviewable;

to proceed with the application; or

to comply with a direction given to the applicant under this Part or Chapter 8A in relation to the application;

notify each party to the review of the dismissal; and

the notice must include a statement to the effect that, if the person is dissatisfied with the decision:

(i) application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Tribunal under Part 5 of this Chapter for review of the decision; and

(ii) except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the person may request a statement under section 28 of that Act.

the applicant may, within 28 days after receiving notification of the dismissal, apply to the Principal Member for reinstatement of the application; and

if the Principal Member considers it appropriate to do so, the Principal Member may reinstate the application and give such directions as appear to the Principal Member to be appropriate in the circumstances.

there is an obvious clerical or typographical error in the text of the decision or statement of reasons; or

there is an inconsistency between the decision and the statement of reasons.

the person has been served with a summons under section 352Q to appear at a hearing; and

the person:

fails to appear as required by the summons; or

fails to appear and report from day to day; and

has not been excused or released by the Board from further attendance.

the person is required under section 352P to take an oath or make an affirmation; and

the person fails to comply with the requirement.

the person appears as a witness before the Board; and

the Board member presiding at the proceeding has required the person to answer a question; and

the person fails to answer the question.

the person has been served with a summons under section 352Q; and

the summons required the person to produce a document; and

the person fails to comply with the requirement.

the person gives evidence before the Board; and

the person does so knowing that the evidence is false or misleading in a material particular.

the person engages in conduct; and

the person’s conduct insults another person in, or in relation to, the exercise of the other person’s powers or functions under this Part or Chapter 8A.