Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 15   Veterans' Affairs

Part 1   Main amendments

Military Rehabilitation and Compensation Act 2004

7   Subsection 354(1C)

Repeal the subsection, substitute:

(1C) If, under subsection 85(1) of the Administrative Review Tribunal Act 2024 (as modified by subsection (1B) of this section), the Tribunal remits the reviewable decision to the Commission for reconsideration of that decision by the Commission:

(a) subsections 85(2), (7), (8), (9) and (10) of that Act do not apply in relation to that remittal; and

(b) the Commission must reconsider that decision, and do one of the following things, within the period of 28 days beginning on the day on which that decision was remitted to the Commission:

(i) affirm that decision;

(ii) vary that decision;

(iii) set aside that decision and make a new decision in substitution for the decision set aside; and

(c) if the Commission has not reconsidered that decision, and done one of those things, within that 28-day period, the Commission is taken to have affirmed that decision; and

(d) after the Commission complies with paragraph (b) of this subsection, or is taken to have affirmed that decision under paragraph (c) of this subsection, the proceeding for review of that decision in the Tribunal resumes; and

(e) subsections 85(3), (4), (5) and (6) of that Act apply in relation to that remittal.

Note: Section 85 of the Administrative Review Tribunal Act 2024 applies normally in respect of other kinds of reviewable determinations.