Veterans’ Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025

Administered by Department of Veterans' Affairs

Legislation au F2025L00349 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Veterans' Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025

Authority

  1.       The Minister for Veterans’ Affairs makes this instrument under paragraph 155(7)(b) of the Veterans’ Entitlements Act 1986 (the Act).

Purpose

  1.       This instrument repeals and replaces the existing Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014, due to sunset on 1 April 2025.
  2.       This instrument is a disallowable legislative instrument.

Overview

  1.       Subsection 155(7) of the Act allows the Principal Member to dismiss an application for the review of a decision if—
    1.        the National Registrar has given written notice to the applicant, telling the applicant that the decision sought to be reviewed does not appear to be reviewable by the Board; and
    2.       the applicant is unable to show that the decision is reviewable by the Veterans’ Review Board before the end of a period prescribed by the Minister.
  2.       Paragraph 155(7)(b) of the Act confers on the Minister the power to make a legislative instrument prescribing the period (the prescribed period). This instrument is made under the power.
  3.       In this instrument, the Minister prescribes a period of 28 days beginning from the day the National Registrar notifies the applicant as the period before the end of which the applicant must show that a decision is reviewable by the Board. If the applicant is unable to show that before the end of the prescribed period, the power of the Principal Member to dismiss the application without reviewing it is enlivened.
  4.       Under section 36 of the Acts Interpretation Act 1901, the first day of the 28-day period is the day after the day the National Registrar notifies the applicant in writing under paragraph 155(7)(a) of the Act.

Consultation

The Veterans’ Review Board was consulted in the development of this Instrument. 

Commencement

The instrument commences on the day after the day it is registered.

Human rights implications

This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.

Making the instrument

The instrument is made by the Minister for Veterans’ Affairs.


Attachment A

 

Statement of Compatibility with Human Rights

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

 

Veterans' Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025

 

The attached legislative instrument engages an applicable right or freedom. This instrument may be perceived to have limited the right outlined in Article 14(1) of the International Covenant on Civil and Political Rights (ICCPR):

 

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

 

The right under Article 14(1) of the ICCPR encompasses the right to a fair hearing. One element of the right to a fair hearing is that each party must have a reasonable opportunity to present their case.[1] It also includes the obligation that a matter be finalised expeditiously within a reasonable period and undue delay.

 

Although this instrument prescribes a set period within which an applicant for review of decision must show that the decision is reviewable by the Veterans’ Review Board, it is a reasonable period of 28 days after the day the National Registrar notifies the applicant under paragraph 155(7)(a) of the Act.

 

Also, the application for review is not dismissed automatically if the applicant fails to show the decision is reviewable by the end of the prescribed period. Rather, it merely allows the Principal Member of the Board to dismiss the application. The Principal Member may, but need not, dismiss the application.

 

It is in the interest of all parties to have an application for review finalised expeditiously so the applicant may carry on with their life with a level of certainty, and can decide on the next steps to be taken. The Commission would also be able to plan ahead as to any potential legal actions that it may be involved in in relation to the application.

By giving a person in a legal proceeding a reasonable period in which to contest a decision by the Principal Member to dismiss the person’s application, the person’s right to a fair hearing is in fact promoted and thus the attached instrument is compatible with the Article 14(1) of the ICCPR.

The period of 28 days is prescribed because it is the period that applies under the Act in a situation similar to the present. Under subsection 137(3) of the Act, an applicant to the Board has 28 days in which to provide comments to the Secretary of the Department in relation to a report prepared by the Department concerning evidence in its control that is relevant to the application. Consistency in the duration of the period in which an applicant for review is to respond to an assertion by the Commission, the Board or the Secretary would assist applicants in navigating the review processes under the Act.

Conclusion

The attached legislative instrument is compatible with the right to a fair hearing by a court or tribunal in that the period prescribed in it for a person seeking review to show that, before the application may be dismissed, the National Registrar erred in holding that the application was not reviewable by the Board.

 

 

Minister for Veterans’ Affairs

Rule-Maker

 

 

[1] UN Human Rights Committee, General Comment No. 32, Article 14, Right to equality before courts and tribunals and to fair trial (2007) [13].

Overview

The Veterans' Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025 was enacted by the Minister for Veterans’ Affairs under the authority of the Veterans’ Entitlements Act 1986. This legislative instrument is designed to replace the existing Veterans’ Entitlements (Period to Show Decision is Reviewable by Veterans’ Review Board) Instrument 2014, which is set to sunset on 1 April 2025. The primary purpose of this instrument is to prescribe a specific period within which an applicant must demonstrate that a decision is reviewable by the Veterans’ Review Board, ensuring that the review process is both timely and effective. The instrument sets a 28-day period from the day the National Registrar notifies the applicant that the decision sought to be reviewed does not appear to be reviewable by the Board. If the applicant fails to show the decision is reviewable within this period, the Principal Member of the Board is empowered to dismiss the application without further review. This legislative instrument has undergone consultation with the Veterans’ Review Board and is compatible with the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Veterans' Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025 applies to individuals who seek to review decisions made by the Veterans' Review Board, as well as to the Board itself and the National Registrar. This instrument provides the framework for how and within what timeframe a decision can be contested, ensuring that any application for review is handled in a timely and efficient manner. The instrument is made under the authority of the Veterans' Entitlements Act 1986 and operates within the Commonwealth jurisdiction of Australia. It specifies that the prescribed period for an applicant to show that a decision is reviewable by the Board is 28 days from the day the National Registrar notifies the applicant in writing. This period ensures that the review process is finalised expeditiously, allowing for a fair and timely resolution of any disputes. The instrument also clarifies that failure to demonstrate the reviewability of a decision within this period does not automatically dismiss the application, but rather empowers the Principal Member of the Board to consider dismissal, thereby preserving the applicant’s right to a fair hearing.

Key Provisions

The Veterans' Entitlements (Period to Show Decision Reviewable by Veterans’ Review Board) Instrument 2025 (the Instrument) is made under section 155(7)(b) of the Veterans' Entitlements Act 1986 (the Act). This Instrument replaces the existing Instrument from 2014 and is effective from the day after it is registered. The Minister for Veterans' Affairs has prescribed a period of 28 days within which an applicant must show that the decision sought to be reviewed is reviewable by the Veterans’ Review Board (section 1). This period starts from the day after the National Registrar has notified the applicant in writing that the decision does not appear to be reviewable (section 1(2)). If the applicant fails to demonstrate the reviewability of the decision within this period, the Principal Member is empowered to dismiss the application without further review (subsection 155(7)(b) of the Act). The Instrument imposes specific obligations on applicants seeking review of decisions made under the Act. Applicants must promptly respond to the notification from the National Registrar by providing evidence that the decision is reviewable by the Veterans’ Review Board within the prescribed 28-day period. This ensures that the review process is timely and efficient, allowing the Board to focus on cases that have merit and are properly substantiated. Failure to meet this requirement may result in the Principal Member dismissing the application without conducting a substantive review (subsection 155(7) of the Act). While the Instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance, the failure to demonstrate the reviewability of a decision within the prescribed period can lead to the dismissal of the application. The Principal Member may, but is not obligated to, dismiss an application if the applicant does not show that the decision is reviewable by the end of the 28-day period. This decision is at the discretion of the Principal Member, and there are no stipulated maximum penalties for non-compliance within the Instrument itself. However, the overarching aim is to ensure that the review process is conducted efficiently and that resources are not unduly expended on unsubstantiated applications. In summary, the Instrument sets out a clear timeframe for applicants to demonstrate the reviewability of decisions, imposes obligations on applicants to respond within 28 days of notification, and allows the Principal Member the discretion to dismiss applications that do not meet the prescribed criteria. While it does not detail specific penalties, its purpose is to streamline the review process and ensure that the Board’s resources are effectively utilised.

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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.