Veterans' Vocational Rehabilitation Scheme 2024 I, Matthew James Keogh, Minister for Veterans' Affairs, approve for the purposes of subsections 115B(6) and (9) of the Veterans' Entitlements Act 1986, the determination by the Repatriation Commission in the following instrument. Dated 13 February 2025 Matthew James Keogh Minister for Veterans' Affairs The Repatriation Commission determines the following scheme. Dated 10 December 2024 The Seal of the Repatriation Commission was affixed to this instrument in the presence of: Mark Brewer Gwen Cherne AM CSC and Bar Acting Deputy President Commissioner Kahlil Fegan DSC AM Commissioner Contents Chapter 1—Preliminary 4 1.1—The Scheme 4 1.1.1 Name 4 1.1.2 Commencement 4 1.1.3 Authority 4 1.1.4 Repeals 4 1.2—Objectives and Principles of the Scheme 5 1.2.1 Objectives 5 1.2.2 Principles 5 1.3—Interpretation 6 1.3.1 Definitions 6 1.3.2 Approved program 7 1.3.3 Content of an approved program 7 1.3.4 When an application is taken to be made 8 1.4—Information to be obtained by Secretary 9 1.4.1 Assessment of a veteran for participation in the Scheme 9 1.4.2 Report from a service provider 9 1.4.3 Report and other material to be provided to the Commission 9 1.5—Rehabilitation plan 10 1.5.1 A rehabilitation plan must first be prepared and approved 10 1.5.2 Veteran to be involved in preparing the rehabilitation plan 10 1.5.3 Amending an approved plan 10 1.5.4 Services to be in accordance with an approved plan 10 Chapter 2—Programs for special rate and intermediate rate pensioners and invalidity service pensioners 11 2.1—Participation in the Scheme by veterans in receipt of certain pensions 12 2.1.1 Application for approval to participate in the Scheme 12 2.2—Vocational rehabilitation program 13 2.2.1 Participation in the Scheme 13 2.2.2 Approval of a vocational rehabilitation program 13 2.2.3 Criteria for participation in the Scheme 13 2.2.4 Labour market 13 2.2.5 Medical management and psychosocial services 14 2.3—Commencement and cessation of a vocational rehabilitation program 15 2.3.1 Commencement of a vocational rehabilitation program 15 2.3.2 Failure to comply with an approved plan or approved program 15 2.3.3 Cessation of a vocational rehabilitation program 15 Chapter 3—Programs for other veterans 16 3.1—Participation in the Scheme by veterans other than those referred to in Chapter 2 17 3.1.1 Application for approval to participate in the Scheme 17 3.2—Rehabilitation program 18 3.2.1 Approval of a rehabilitation program 18 3.2.2 Criteria for participation in the Scheme 18 3.2.2A Medical management and psychosocial services 18 3.2.3 Elements not normally included in an approved program 18 3.2.4 Failure to comply with an approved plan or approved program 19 Chapter 4—Other assistance to veterans participating in the Scheme 20 4.1—Other assistance available under this Chapter 21 4.1.1 Availability of other assistance 21 4.1.2 Application for a grant under this Chapter 21 4.2—Transport and accommodation assistance 22 4.2.1 Grant may be made in special circumstances 22 4.3—Aids, appliances, and workplace modifications 23 4.3.1 Grant to veteran or employer 23 4.3.2 Assessment report to be obtained 23 4.3.3 Regard must be had to assessment report 23 4.3.4 Grant not to be for tools of trade or establishing a business 23 4.4—Education programs 24 4.4.1 Education programs 24 4.4.2 Grants for text books and study materials 24 4.4.3 Application for excess expenses grant 24 4.4.4 Commission may make excess expenses grant 24 4.4.5 Payment of Higher Education Loan Program fees 24 4.4.6 Payment of Higher Education Loan Program fees after the first semester of a course of study 25 4.4.7 Payment of student union fees 25 4.5—Grants must be applied to the relevant purpose 26 4.5.1 Proof of payment may be required 26 Chapter 5—Notification of decisions and review rights 27 5.1—Notification to veteran 28 5.1.1 Notification of decision and review rights 28 5.2—Review of decisions by the Repatriation Commission 29 5.2.1 Who may seek a review 29 5.2.2 Making a request for review 29 5.2.4 Review by the Commission 29 5.2.5 Delegate cannot review own decision 29 5.2.6 The Commission's powers on review 29 5.2.7 Substituted decision 29 5.2.8 Notification of decisions upon review 29 5.3—Review by Tribunal 30 5.3.1 Application to Tribunal 30 5.3.2 Modification of Administrative Review Tribunal Act 2024, s 18 30 Chapter 6—Transitionals 31 6.1 Definitions—Chapter 6 31 6.2 Transitional—approved programs or plans 31 6.3 Transitional—approved forms 31 6.4 Transitional—applications not yet determined 31 6.5 Transitional—decisions not reviewed by Commission before commencement day 31 6.6 Transitional—decisions made on or after 14 October 2024—review by Tribunal 31 Chapter 1—Preliminary 1.1—The Scheme 1.1.1 Name This instrument is the Veterans' Vocational Rehabilitation Scheme 2024. 1.1.2 Commencement (1) This Scheme (other than the provisions mentioned in subparagraph (2)) commences on the day after the day it is registered. (2) The following provisions are taken to have commenced on 14 October 2024: (a) paragraphs 1.1.1, 1.1.2, 1.1.3 and subparagraph 1.1.4(1); (b) paragraphs 5.3.1 and 5.3.2; (c) paragraph 6.6. 1.1.3 Authority This Scheme is made under subsections 115B(1) and (8) of the Act. 1.1.4 Repeals (1) Paragraph 5.3 (Review by the Administrative Appeals Tribunal) of the Veterans' Vocational Rehabilitation Scheme (Instrument 2015 No. R11) is repealed. (2) All other provisions of the Veterans' Vocational Rehabilitation Scheme (Instrument 2015 No. R11) are repealed. 1.2—Objectives and Principles of the Scheme 1.2.1 Objectives The objectives of the Scheme are to assist veterans to find, or continue in, employment, with particular emphasis on: (a) facilitating the transition from service in the Australian Defence Force to suitable paid employment; (b) assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and (c) in conjunction with Part VIA of the Act, providing an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment. 1.2.2 Principles The principles of the Scheme are that: (a) participation in the Scheme is voluntary; (b) a rehabilitation plan is to be approved only if the veteran has undergone an assessment of rehabilitation capability by a suitably qualified person; (c) rehabilitation services are to be provided only in accordance with an approved plan that has been developed and agreed with the veteran; (d) rehabilitation services are to be provided only if the Commission is satisfied that these services will result in a suitable paid employment outcome; (e) rehabilitation services are to be approved according to principles of cost‑effectiveness and will generally be the minimum necessary to achieve a suitable paid employment outcome; (f) there are no penalties for withdrawal from or failure to complete an approved program, although rehabilitation services may be discontinued in such circumstances; (g) rehabilitation services are not to be provided concurrently with another vocational rehabilitation program. Note: suitable paid employment outcome is defined in paragraph 1.3.1. 1.3—Interpretation 1.3.1 Definitions For the purposes of this Scheme, unless a contrary intention appears: Note: some expressions used in this Scheme are defined in the Act, section 5Q. Act means the Veterans' Entitlements Act 1986; approved plan means the particular rehabilitation plan relating to a veteran that has been approved by the Commission under this Scheme; approved program has the meaning given by paragraphs 1.3.2 and 1.3.3; income safety net means the pension income protection provided by sections 115C, 115D and 115F of the Act whereby: (a) while a veteran is undertaking an approved program, the rate of pension payable to the veteran is not to be less than the rate the veteran would receive if the veteran were not undertaking an approved program; and Note: section 115C of the Act provides this protection. (b) after a veteran has completed an approved program under Chapter 2, if the veteran is, for any reason, unemployed for a continuous period of at least two weeks, the pension reduction amount for each pension payday is reduced to nil so that pension is to be restored to the veteran's pension rate at the commencement of an approved program; and Note: subsection 115D(4) of the Act provides this protection. (c) if the sum of the veteran's salary, wages or earnings per fortnight from remunerative work and the fortnightly rate of pension would be less than the rate of pension that the veteran would have received if the veteran had not undertaken the approved program, the pension reduction amount can, upon application to the Commission under section 115E of the Act, be reduced; Note: section 115F of the Act provides this protection. medical management service means a service that is an adjunct to medical treatment and is designed to monitor a person's medical treatment with the aim of restoring or maximising the person's physical or psychological function; Note: Examples of medical management services include, but are not limited to, coordination of medical providers to establish a treatment program, and intensive case management to facilitate regular attendance at medical appointments. psychosocial service means a rehabilitative, skill-building or recovery-oriented service that aims to restore a person to his or her optimal level of independent functioning within the community; Note: Examples of psychosocial services include community inclusion activities, pain management, adjustment to disability counselling, family education, and drug and alcohol management. Scheme means this Veterans' Vocational Rehabilitation Scheme 2024; Secretary means the Secretary to the Department; semester has the meaning given by section 34 of the Higher Education Funding Act 1988; service provider means a person or organisation with which the Commission or the Department has entered into an arrangement to provide services for the purposes of this Scheme; suitable paid employment outcome means, as a minimum: (a) if the veteran is not undertaking any remunerative work—recommencing substantial remunerative work; (b) if the veteran is undertaking part‑time remunerative work—increasing substantially the number of hours of remunerative work undertaken; (c) if the veteran is undertaking part‑time remunerative work and the veteran is at risk of losing that work—maintaining the veteran in part‑time remunerative work; (d) if the veteran is undertaking full‑time remunerative work and the veteran is at risk of having to reduce that work substantially—maintaining the veteran in full‑time remunerative work; (e) if the veteran is undertaking full‑time remunerative work and the veteran is at risk of losing that work—maintaining the veteran in substantial remunerative work; (f) if a veteran is otherwise at risk of having to cease remunerative work in the short term—maintaining the veteran in long‑term remunerative work; being work that the veteran is likely to be able to sustain in the long term and which is not likely to worsen the veteran's health. Tribunal means the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024; veteran has the meaning given by section 115A of the Act. 1.3.2 Approved program For the purposes of this Scheme, approved program means the particular vocational rehabilitation program under Chapter 2 or the particular rehabilitation program under Chapter 3, relating to a veteran, that has been approved by the Commission under this Scheme. Note: see paragraphs 2.2.2 and 3.2.1 in relation to the approval of a program. 1.3.3 Content of an approved program Without limiting the content of an approved program, it may include one or more of the following elements: (a) general advice and assistance on job seeking; (b) referral for vocational assessment; (c) vocational guidance and counselling; (d) case management; (e) assistance with updating skills and retraining; (f) assistance with entry to other vocational rehabilitation programs; (g) advice or assistance if the veteran's job is in jeopardy; (h) assistance with job placement including selection interview skills training and involvement in job clubs; (i) provision of an advocacy service for the veteran with the veteran's employer; (j) transport and accommodation assistance under Chapter 4; (k) grants for aids, appliances and workplace modifications under Chapter 4; (l) education programs and related assistance under Chapter 4; (m) the provision of medical management services; (n) the provision of psychosocial services; but only if an element is not reasonably available to the veteran without significant cost from another source. 1.3.4 When an application is taken to be made For the purposes of this Scheme, if an application under this Scheme (other than an application to the Tribunal) is required to be made in writing, the application will only be taken to have been made when it is received at an office of the Department in Australia. 1.4—Information to be obtained by Secretary 1.4.1 Assessment of a veteran for participation in the Scheme For the purposes of obtaining information about any matter relevant to a determination under this Scheme, the Secretary may require a veteran to be examined or assessed, or both, by a relevant service provider. 1.4.2 Report from a service provider Upon completing the examination or assessment, the service provider must provide a report to the Secretary concerning the examination or assessment. 1.4.3 Report and other material to be provided to the Commission The Secretary must cause the report from a service provider and any other material that is relevant to the determination of a matter to be provided to the Commission for its determination of that matter. 1.5—Rehabilitation plan 1.5.1 A rehabilitation plan must first be prepared and approved Before a veteran can be approved to participate in the Scheme or undertake a rehabilitation program, a rehabilitation plan must: (a) be prepared in consultation with the veteran, either by a service provider or the Secretary; and (b) be approved by the Commission. 1.5.2 Veteran to be involved in preparing the rehabilitation plan If a service provider or the Secretary prepares a rehabilitation plan, that person must: (a) involve the veteran in its preparation; and (b) reach an agreement with the veteran as to its details. 1.5.3 Amending an approved plan An approved plan may be amended from time to time with: (a) the agreement of the veteran; and (b) the approval of the Commission. 1.5.4 Services to be in accordance with an approved plan Any service provided to a veteran under this Scheme must be in accordance with an approved plan. Chapter 2—Programs for special rate and intermediate rate pensioners and invalidity service pensioners Purpose of this Chapter: Certain veterans who are in receipt of:  a pension by way of compensation at the special rate or the intermediate rate; or  the invalidity service pension; may participate in a vocational rehabilitation program under this Scheme. This Chapter provides the rules for participation in the Scheme and the criteria by which applications and proposed vocational rehabilitation programs are to be assessed. Note 1: The Act, Part VIA, Division 2 applies to veterans who have participated in a vocational rehabilitation program under this Chapter. Note 2: The Act, paragraphs 24A(1)(b) and (c) do not apply to a veteran if the veteran is undertaking a rehabilitation program under this Scheme (see the Act, subsection 24A(2)). Note 3: A person does not cease to be eligible for the invalidity service pension if, under certain circumstances, the person is undertaking a rehabilitation program under this Scheme (see the Act, section 37AAA). 2.1—Participation in the Scheme by veterans in receipt of certain pensions 2.1.1 Application for approval to participate in the Scheme A veteran who is in receipt of a pension at the rate provided for in section 23 or 24 of the Act or invalidity service pension under Division 4 of Part III of the Act may apply to participate in the Scheme, as provided in this Chapter, by making an application: (a) in writing; and (b) if a form is approved by the Commission for that purpose—in the form; and (c) accompanied by authorisation from the veteran for the Secretary to obtain information, relevant to the application, concerning the veteran from health care providers, including the service known as Open Arms – Veterans & Families Counselling. 2.2—Vocational rehabilitation program 2.2.1 Participation in the Scheme Participation in the Scheme involves undertaking an approved vocational rehabilitation program that is intended to assist the veteran to return to, or continue in, work, including work of a type that the veteran might not have previously undertaken. 2.2.2 Approval of a vocational rehabilitation program The Commission may approve a vocational rehabilitation program for a veteran having regard to: (a) the veteran's vocational, trade and professional skills, qualifications and experience; and (b) the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and (c) the veteran's capacity to be retrained to undertake different kinds of remunerative work; and (d) the type of remunerative work to which the program is likely to lead; and (e) the degree to which the veteran's physical or mental impairment has affected the veteran's capacity to undertake the program; and (f) if the veteran is not currently engaged in substantial remunerative work—the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and (g) the cost of the proposed program; and (h) the relative merits of any alternative appropriate programs; and (j) any other relevant matter. 2.2.3 Criteria for participation in the Scheme The Commission may approve a veteran's participation in the Scheme only if the Commission is satisfied that the veteran is likely: (a) to complete an approved program satisfactorily; and (b) to obtain a suitable paid employment outcome following completion of the approved program. Note: suitable paid employment outcome is defined in paragraph 1.3.1. 2.2.4 Labour market Without limiting the matters that may be taken into account in considering whether a veteran is likely to recommence remunerative work, the Commission may have regard to the state of the labour market: (a) in the geographical area in which the veteran will probably seek to obtain work; (b) at the time when the veteran will probably seek to obtain work. 2.2.5 Medical management and psychosocial services The Commission may approve the inclusion of medical management services or psychosocial services in a vocational rehabilitation program for a veteran if the Commission is satisfied that the services are reasonably required to: (a) assist the veteran to achieve or retain suitable paid employment; or (b) address an identified rehabilitation barrier as part of the process of assisting the veteran to achieve or retain suitable paid employment. 2.3—Commencement and cessation of a vocational rehabilitation program 2.3.1 Commencement of a vocational rehabilitation program For the purposes of this Scheme and section 115C of the Act, a veteran is taken to have commenced undertaking a vocational rehabilitation program on the date specified as the commencement date by the Commission in the determination approving the veteran's participation in an approved program, which must not be a date earlier than the date of the determination. 2.3.2 Failure to comply with an approved plan or approved program If the Commission is satisfied that a veteran: (a) has, without reasonable cause, failed to comply with, or participate in, an important element of an approved plan or vocational rehabilitation program; or (b) is not capable of completing an approved program; the Commission may determine that the veteran is no longer participating in, or undertaking, a vocational rehabilitation program under this Chapter. 2.3.3 Cessation of a vocational rehabilitation program For the purposes of this Scheme and subsection 115C of the Act, the Commission may specify a date on which the veteran is taken to have ceased to be undertaking a vocational rehabilitation program, which may be a date earlier than the date of the determination. Chapter 3—Programs for other veterans Purpose of this Chapter: Certain veterans who are not in receipt of a pension by way of compensation at the special rate or intermediate rate or invalidity service pension may participate in a rehabilitation program, whether they are in receipt of a pension or not. Rehabilitation programs under this Chapter may assist veterans:  to obtain remunerative work if they are not currently employed; or  to increase the number of hours of remunerative work if they are in part‑time employment; or  to maintain them in employment, if they are having difficulties in coping with their current work; or  who have recently separated, or are soon to separate, from the Australian Defence Force in their transition to civilian employment. This Chapter provides the rules for their participation and the criteria by which applications and programs are assessed. 3.1—Participation in the Scheme by veterans other than those referred to in Chapter 2 3.1.1 Application for approval to participate in the Scheme A veteran, other than a veteran who is in receipt of: (a) a pension at the rate provided for by section 23 or 24; or (b) an invalidity service pension; may apply to participate in the Scheme, as provided in this Chapter, by making an application: (c) in writing; and (d) if a form is approved by the Commission for that purpose—in the form. 3.2—Rehabilitation program 3.2.1 Approval of a rehabilitation program The Commission may approve a rehabilitation program for a veteran having regard to: (a) the veteran's vocational, trade and professional skills, qualifications and experience; and (b) the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and (c) the veteran's capacity: (i) to be retrained to undertake different kinds of remunerative work; or (ii) following undertaking the program, to continue in the veteran's current employment on a long‑term basis; and (d) if the veteran is not currently engaged in substantial remunerative work— (i) the type of remunerative work to which the program is likely to lead; and (ii) the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and (e) the degree to which the veteran's physical or mental impairment has affected the veteran's capacity to undertake the program; and (f) the cost of the proposed program; and (g) the relative merits of any alternative appropriate programs; and (h) any other relevant matter. 3.2.2 Criteria for participation in the Scheme The Commission may approve a veteran's participation in the Scheme only if the Commission is satisfied that the veteran is likely: (a) to complete an approved program satisfactorily; and (b) to obtain a suitable paid employment outcome following completion of the approved program. Note: suitable paid employment outcome is defined in paragraph 1.3.1. 3.2.2A Medical management and psychosocial services The Commission may approve the inclusion of medical management services or psychosocial services in a rehabilitation program for a veteran if the Commission is satisfied that the services are reasonably required to: (a) assist the veteran to achieve or retain suitable paid employment; or (b) address an identified rehabilitation barrier as part of the process of assisting the veteran to achieve or retain suitable paid employment. 3.2.3 Elements not normally included in an approved program An approved program should not normally include an element to be provided at Commonwealth expense that a normally prudent person would be expected to provide for themselves in order to protect their employment. 3.2.4 Failure to comply with an approved plan or approved program If the Commission is satisfied that a veteran: (a) has, without reasonable cause, failed to comply with, or participate in, an important element of an approved rehabilitation program; or (b) is not capable of completing an approved program; the Commission may determine that the veteran is no longer participating in, or undertaking, a rehabilitation program under this Chapter. Chapter 4—Other assistance to veterans participating in the Scheme Purpose of this Chapter: Veterans participating in an approved program may receive other assistance under this Scheme. This Chapter provides the rules for such other assistance and the criteria by which applications for assistance are assessed. 4.1—Other assistance available under this Chapter 4.1.1 Availability of other assistance A veteran who is participating in an approved program under Chapter 2 or Chapter 3 may receive one or more of the following kinds of assistance under this Chapter: (a) transport and accommodation assistance; (b) aids, appliances and workplace modifications; and (c) education expenses; only if the relevant kind of assistance is not reasonably available to the veteran from another source. 4.1.2 Application for a grant under this Chapter A veteran who is participating in an approved program under Chapter 2 or Chapter 3 may apply for a grant under this Chapter by making an application: (a) in writing; and (b) if a form is approved by the Commission for that purpose—in the form. 4.2—Transport and accommodation assistance 4.2.1 Grant may be made in special circumstances The Commission may, in special circumstances, make a grant towards assisting a veteran to meet additional transport and accommodation costs involved in obtaining rehabilitation services, medical management services, psychosocial services or other assistance under this Scheme that are provided a substantial distance from the veteran's usual place of residence. 4.3—Aids, appliances, and workplace modifications 4.3.1 Grant to veteran or employer The Commission may make a grant to a veteran or to a veteran's employer (for the veteran's benefit) for the provision of aids, appliances or modifications of the veteran's workplace that would enable the veteran to obtain or retain particular employment, and which the employer would not normally have to provide as an equal opportunity employer providing a safe working environment. 4.3.2 Assessment report to be obtained If a veteran has applied for a grant under paragraph 4.3.1, the Secretary must obtain a report from a relevantly qualified person (such as an occupational therapist or rehabilitation specialist) assessing the veteran's need for any aid, appliance or modifications of the veteran's workplace for which an application has been made. 4.3.3 Regard must be had to assessment report In considering an application for a grant under paragraph 4.3.1, the Commission must have regard to an assessment report obtained under paragraph 4.3.2. 4.3.4 Grant not to be for tools of trade or establishing a business A grant under paragraph 4.3.1 is not to be made for the purchase of tools of trade or to assist in establishing a business. 4.4—Education programs 4.4.1 Education programs An education program may be part of an approved program and may include short course or other studies (not being a post‑graduate degree or graduate diploma course) at an educational institution, if the veteran requires: (a) a refresher course; or (b) an upgrade of existing qualifications; or (c) short term study; to obtain employment in the same field or a related field in which the veteran has expertise or experience, provided that: (d) the studies are essential for the veteran to retain or obtain employment in the relevant field; and (e) there is a reasonable expectation that the veteran will retain or obtain sustainable employment in that field during, or at the end of, the studies; and (f) the Commission is satisfied that the veteran has the capacity to complete the education program successfully. 4.4.2 Grants for text books and study materials Subject to paragraph 4.4.4, the Commission may approve grants totalling not more than $500 per semester to a veteran participating in the Scheme towards the cost of purchasing text books, a computer, software and other study materials necessary for the veteran's approved program. 4.4.3 Application for excess expenses grant If a veteran considers that the necessary expenditure in a semester will be substantially greater than the amount specified in paragraph 4.4.2, the veteran may apply for an excess expenses grant. 4.4.4 Commission may make excess expenses grant The Commission may approve, in whole or in part, an application under paragraph 4.4.3 for an excess expenses grant, and in considering the application, must take into account: (a) the cost and availability of the required text books, a computer and other study materials from other reasonably accessible sources, such as educational institutions and libraries; and (b) the cost and availability of second‑hand text books and other study materials. 4.4.5 Payment of Higher Education Loan Program fees If the Commission has approved an education program as part of a veteran's approved program, the Commission may grant to the veteran an amount equal to the amount for which the veteran would be liable under the Higher Education Loan Program for the current semester of study. 4.4.6 Payment of Higher Education Loan Program fees after the first semester of a course of study After the first semester of an education program, the Commission may make a grant under paragraph 4.4.5 to the veteran for the current semester of study only if: (a) the veteran has achieved a satisfactory standard of academic performance in the previous semester; or (b) the Commission is satisfied that the veteran will gain a significant vocational benefit from pursuing the course of study. 4.4.7 Payment of student union fees If the Commission has approved an education program as part of a veteran's approved program, the Commission may grant to the veteran an amount equal to the amount for which the veteran is liable for student union fees. 4.5—Grants must be applied to the relevant purpose 4.5.1 Proof of payment may be required If the Commission has made a grant under this Chapter, the Secretary may require the veteran to provide documentary evidence to show that the grant has been applied to the purpose for which it was granted. Note: The Act, section 205 deals with recovery of overpayments. Chapter 5—Notification of decisions and review rights Purpose of this Chapter: Veterans are to be notified of decisions of the Commission under this Scheme and if they are dissatisfied with any such decisions they may have them reviewed. This Chapter sets out those notification and review rights. 5.1—Notification to veteran 5.1.1 Notification of decision and review rights As soon as practicable after the Commission makes a decision under this Scheme, the Commission must cause to be served on the veteran: (a) a copy of its decision; and (b) particulars of the veteran's right to have the decision reviewed. 5.2—Review of decisions by the Repatriation Commission 5.2.1 Who may seek a review A veteran who is dissatisfied with a decision of the Commission under: (a) section 115F of the Act; or (b) this Scheme (other than a decision that has been reviewed by the Commission under paragraph 5.2.4); may apply to the Commission to review the decision. 5.2.2 Making a request for review An application for review of a decision must: (a) be made within 3 months after the veteran was notified of the decision in accordance with paragraph 5.1.1; and (b) set out the grounds on which the request is made; and (c) be in writing. 5.2.4 Review by the Commission If an application for review of a decision is made in accordance with paragraph 5.2.1, the Commission must review the decision. 5.2.5 Delegate cannot review own decision If the Commission has delegated its powers under this Scheme to the person who made the decision under review, that person must not review the decision. 5.2.6 The Commission's powers on review If the Commission reviews a decision under this Scheme, the Commission must affirm the decision or set it aside. 5.2.7 Substituted decision If the Commission sets the decision aside it must substitute a new decision in accordance with this Scheme. 5.2.8 Notification of decisions upon review As soon as practicable after the Commission makes a decision under paragraph 5.2.6 or 5.2.7, the Commission must cause to be served on the veteran: (a) a copy of its decision; and (b) a statement of reasons for that decision; and (c) particulars of the veteran's right to have the decision reviewed. 5.3—Review by Tribunal Note: The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024, Schedule 16, Part 4 deals with the right to apply to the Administrative Appeals Tribunal that existed before 14 October 2024. 5.3.1 Application to Tribunal A veteran may apply to the Tribunal for a review of the decision of the Commission under paragraph 5.2.6 or 5.2.7. Note: The Administrative Review Tribunal Act 2024, section 34 deals with the manner of applying to the Tribunal. 5.3.2 Modification of Administrative Review Tribunal Act 2024, s 18 (1) Despite anything else prescribed under subsection 18(1) of the Administrative Review Tribunal Act 2024 (the ART Act), an application to the Tribunal for review of a decision of the Commission under paragraph 5.2.6 or 5.2.7 must be made within 3 months from the day the statement of reasons is served in accordance with paragraph 5.2.8. (2) To remove any doubt, subparagraph (1) does not affect subsection 18(2) and section 19 of the ART Act. Chapter 6—Transitionals 6.1 Definitions—Chapter 6 In this Chapter: commencement day means the day after the day the new Scheme is registered under section 15H of the Legislation Act 2003. new Scheme means the Veterans' Vocational Rehabilitation Scheme 2024. old Scheme means the Veterans' Vocational Rehabilitation Scheme (Instrument 2015 No. R11). 6.2 Transitional—approved programs or plans An approved program or plan under the old Scheme that is in force immediately before the commencement day continues to have effect on and after the day as if it had been approved under the new Scheme. 6.3 Transitional—approved forms A form that is approved for a purpose under the old Scheme is taken to be a form approved for the purpose under the new Scheme on the commencement day. 6.4 Transitional—applications not yet determined An application to participate in an approved program, or for a grant, under the old Scheme that had not been determined immediately before the commencement day is taken to be an application made under the new Scheme on the commencement day. 6.5 Transitional—decisions not reviewed by Commission before commencement day (1) This section applies to a decision made by the Commission: (a) under section 115F of the Act or the old Scheme; and (b) that had not been reviewed by the Commission immediately before the commencement day. (2) The decision is taken to be a decision mentioned in paragraph 5.2.1 of the new Scheme. 6.6 Transitional—decisions made on or after 14 October 2024—review by Tribunal (1) This section applies to a decision made: (a) under paragraph 5.2.6 or 5.2.7 of the old Scheme; and (b) on or after 14 October 2024 but before the commencement day. (2) The decision is taken to be a decision made under paragraph 5.2.6 or 5.2.7 of the new Scheme.