Veterans' Review Board

The Veterans' Review Board (VRB) is a statutory body within the Australian Government's Veterans' Affairs portfolio. The role of the VRB is to conduct merits review of certain decisions under the Veteran's Entitlement Act 1986 (Cth) (the VEA) and the Military Rehabilitation and Compensation Act 2004 (Cth) (the MRCA). The objective of the Board is to provide a mechanism of review that is fair, just, economical and quick.<s133A VEA>

The VRB is not a court, but a specialist, high volume, merits review tribunal. Merits review means the VRB makes a fresh decision that it considers is the correct or preferable decision in all of the circumstances. In doing so, the VRB exercises the same statutory powers, and is subject to the same limitations as the original decision-maker whose decision it is reviewing.

As the VRB makes a fresh decision, it is not limited to the material that was before the original decision maker. The VRB may consider any additional material or information that becomes available subsequent to the original decision and any material that may become available during a hearing, including any evidence given by the veteran or others called to give evidence. The Board is not bound by technicalities, legal forms or rules of evidence. It must act according to substantial justice and the merits of the case.

In making its decision, the VRB may affirm the original decision, vary the decision in some of its detail, set the original decision aside and substitute the decision of the Board in its place, or adjourn the hearing and seek further information to assist the Board to come to the correct or preferable decision. The Board also has the power to remitt a matter back to the Repatriation Commission or the Military Rehabilitation and Compensation Commission for further consideration <s138A VEA>

Reviews are conducted in the form of a private hearing before a three-member panel, consisting of a senior member who is generally legally qualified, a services member and a member. Services members are appointed from those nominated by ex-service organisations and generally have extensive military service experience, including operational service. Applicants appearing before the Board are generally represented by lay advocates who are experienced in the jurisdiction. Representation by legal practitioners or legally qualified persons is prohibited by the VEA. While there is a right of appearance for the Repatriation Commission or the Military Rehabilitation and Compensation Commission, the practice is they do not appear. The Board is provided with all relevant material relied upon by the original decision maker. Additional evidence may be produced or called at the hearing. It is not usual for expert witnesses to be called to give oral evidence. Instead the Board relies upon written reports.

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