Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014

Administered by Department of Veterans' Affairs

Legislation au F2015L00036 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

 

Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014

 

EMPOWERING PROVISION

 

Paragraph 155(7)(b) of the Veterans’ Entitlements Act 1986 (the Act or VEA).

 

PURPOSE

 

The attached instrument (2014 No. Min 84) prescribes, for the purposes of paragraph 155(7)(b) of the Act, a period (28 days) in relation to a set of circumstances involving an application to the Veterans’ Review Board (VRB) for the review of a decision by the Repatriation Commission or the Military Rehabilitation and Compensation Commission (application for review).

 

The circumstances are that the National Registrar of the VRB has notified the applicant that the decision of the Repatriation Commission or the Military Rehabilitation and Compensation Commission (the decision) that is the subject of the application for review does not appear to be reviewable by the VRB i.e. the decision is not one set out in section 135 of the Act, and will move to have it dismissed.

 

The applicant has until the end of the prescribed period to show the decision is reviewable by the VRB.

 

The prescribed period is the period specified in a legislative instrument made by the Minister for Veterans’ Affairs for the purposes of these circumstances.  The Minister, by the attached instrument, has specified “28 days” as the prescribed period.

 

If, by the end of 28 days, the applicant does not offer any reason why the VRB is able to review the decision, or offers an insufficient reason, the Principal Member of the VRB may dismiss the application without proceeding to review the decision.

 

A decision of the Principal Member to dismiss the application is reviewable by the Administrative Appeals Tribunal (s. 155A(2)).

 

The power in the Principal Member to dismiss an application for review in the relevant circumstances was given by the Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Act 2014. 

 

The purpose of the power is to enhance the operations of the VRB by enabling an

ostensibly baseless application for review to be dismissed without the need for the VRB to actually review the decision on which the application is based – which would save VRB time.

 

CONSULTATION

 

Yes.  The Principal Member of the VRB.

 

Noting that paragraph 26(1A)(d) of the Legislative Instruments Act 2003 requires an Explanatory Statement for a legislative instrument to contain a description of the nature of any consultation in relation to the instrument, the consultation in the present case was comprised of meetings, telephone conversations and e-mails with the Principal Member.

 

RETROSPECTIVITY

 

None.

 

DOCUMENTS INCORPORATED-BY-REFERENCE

 

None.

 

HUMAN RIGHTS STATEMENT

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The attached legislative instrument could engage an applicable right or freedom.  Possibly it relates to Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR) which provides that: ‘All persons shall be equal before the courts and tribunals.  In the determination of any criminal charge against him, or his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law’.

Arguably by giving a person in a legal proceeding a reasonable period (28 days) in which to contest a decision by the adjudicator to dismiss the person’s case, the person’s right to a fair hearing is enhanced and thus the attached instrument is compatible with the Article 14(1) of the ICCPR. 

The period of 28 days was chosen because it is currently used under the Veterans’ Entitlements Act 1986 in a situation similar to the present.  Thus under subsection 137(3) of the Act an applicant to the VRB has 28 days in which to provide comments to the Secretary of the Department of Veterans’ Affairs (DVA) in relation to a report prepared by DVA concerning evidence in DVA’s control that is relevant to the person’s application.

Conclusion

The attached legislative instrument is considered to be compatible with the human right to a fair hearing by a Court or Tribunal in that the period prescribed in it for a litigant to challenge a decision by the VRB to dismiss the person’s application for review on the ground of lack of jurisdiction to hear the person’s application is reasonable in the circumstances.

Michael Ronaldson

Minister for Veterans’ Affairs

Rule-Maker

 

FURTHER EXPLANATION OF NEW PROVISIONS

 

See: Attachment A

 


Attachment A

 

Section 1

This section prescribes 28 days for the purposes of paragraph 155(7)(b) of the Veterans’ Entitlements Act 1986.

 

Section 2

This section sets out the name of the instrument - Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014.

 

Section 3

This section provides that the instrument commences on the day after registration.

 

 

Overview

The Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014 was enacted to address a procedural gap identified in the Veterans’ Entitlements Act 1986 (VEA). Specifically, the instrument prescribes a 28-day period for applicants to demonstrate that a decision made by the Repatriation Commission or the Military Rehabilitation and Compensation Commission is reviewable by the Veterans’ Review Board (VRB). This legislative instrument was introduced to streamline the review process by allowing ostensibly baseless applications to be dismissed without the need for a full review, thereby saving the VRB’s time and resources. The policy objective is to enhance the efficiency of the VRB’s operations while ensuring that applicants have a reasonable opportunity to contest decisions that appear to fall outside the VRB’s jurisdiction. The instrument was developed following consultations with the Principal Member of the VRB and aligns with existing provisions within the VEA, ensuring compatibility with human rights standards, particularly the right to a fair hearing under Article 14(1) of the International Covenant on Civil and Political Rights.

Scope and Application

The Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014 applies to persons who have lodged an application for review with the Veterans’ Review Board (VRB) concerning a decision made by the Repatriation Commission or the Military Rehabilitation and Compensation Commission. This instrument specifically addresses situations where the National Registrar of the VRB has notified the applicant that the decision in question does not appear to be reviewable by the VRB as it is not listed in section 135 of the Veterans’ Entitlements Act 1986 (VEA). The prescribed period of 28 days is intended to provide applicants with a reasonable timeframe to present reasons why the decision should be reviewable by the VRB. If the applicant fails to provide sufficient reasons within this period, the Principal Member of the VRB may dismiss the application without further review. The instrument is applicable within the Commonwealth of Australia and is an extension of the powers provided under the VEA. There are no exclusions or exemptions specified in this particular instrument, though its application may be subject to other provisions within the VEA and related legislation. The instrument does not incorporate any documents by reference and does not have retrospective effect.

Key Provisions

The Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014 (2014 No. Min 84) sets forth specific provisions under the Veterans’ Entitlements Act 1986 (VEA) for the review of decisions made by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by the Veterans’ Review Board (VRB). Section 1 of the instrument prescribes a 28-day period within which an applicant must demonstrate that a decision subject to review by the VRB is indeed reviewable, as per paragraph 155(7)(b) of the VEA. The period commences when the National Registrar of the VRB notifies the applicant that the decision in question may not be reviewable, and the VRB intends to dismiss the application for review. The obligations imposed by this Act on parties involved are clear and require adherence to the stipulated 28-day period. Applicants must promptly present reasons or arguments demonstrating the VRB's jurisdiction to review the decision. Failure to do so within the prescribed period may result in the dismissal of the application without further review. This requirement aims to streamline the operations of the VRB by preventing unnecessary reviews of decisions that lack the requisite jurisdiction. The Principal Member of the VRB has the authority to dismiss applications if the applicant fails to show the decision is reviewable by the VRB within the specified timeframe. Breach of the obligations outlined in this instrument could result in significant consequences. If an applicant does not sufficiently demonstrate that the VRB has jurisdiction to review a decision within the 28-day period, the Principal Member may dismiss the application. Such a decision to dismiss is itself subject to review by the Administrative Appeals Tribunal, as stipulated in section 155A(2) of the VEA. While the instrument does not explicitly state penalties for non-compliance, the ramifications are implicitly tied to the dismissal of the application and subsequent review processes. This approach ensures that the review process remains efficient and focused on cases with valid jurisdictional grounds.

Legal classification tags

Area of Law
Veterans' Law
Instrument
Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Review & Sunset Clauses

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.