Making an Application

When can an application for a review by the SMRC be submitted?

In accordance with Section 196Y of the Veterans’ Entitlements Act 1986, an application for review must be made within three months of the following events occurring:

  • after the Statement of Principles was made, amended or last amended by the Repatriation Medical Authority; or
  • a decision by the Repatriation Medical Authority not to make a Statement of Principles for a particular kind of injury, disease or death; or
  • a decision of the Repatriation Medical Authority not to amend a Statement of Principles; or
  • a decision of the Repatriation Medical Authority refusing to carry out an investigation.

Who can apply for a review by the SMRC?

The Specialist Medical Review Council may be asked by any of the following:

  • the Repatriation Commission;
  • the Military Rehabilitation and Compensation Commission;
  • a person eligible to make a claim for a pension under the Veterans’ Entitlements Act 1986;
  • a person eligible to make a claim for compensation under the Military Rehabilitation and Compensation Act 2004 (the MRCA); or
  • an organisation representing veterans or members.

What decisions can be reviewed?

The Specialist Medical Review Council may be asked to review:

  • the contents of a Statement of Principles in respect of a particular kind of injury, disease or death;
  • a decision of the Repatriation Medical Authority not to determine a Statement of Principles under either the reasonable hypothesis or balance of probabilities tests, in respect of a particular kind of injury, disease or death.
  • a decision of the Repatriation Medical Authority not to amend a Statement of Principles in respect of a particular kind of injury, disease or death;

The Specialist Medical Review Council cannot review, or continue to review, a Statement of Principles, which has been revoked by the Repatriation Medical Authority. If an application has been lodged seeking review of a Statement of Principles which is subsequently revoked by the Repatriation Medical Authority, and the new Statement of Principles does not address the concern, a new application seeking review of the new Statement of Principles must be lodged within three months of that Statement of Principles being determined.

The Specialist Medical Review Council cannot review decisions made by the Repatriation Medical Authority under section 196CA (which says that the RMA may decide not to carry out an investigation in specified circumstances, including if the Repatriation Medical Authority considers the request does not identify sufficient relevant information, or is vexatious or frivolous).

How do you apply for a review by the SMRC?

An application form requesting a review can be obtained by:

In completing the application form an eligible person or organisation is required to state the grounds on which a review has been sought.

Please note that eligible persons and organisations may not be represented before the Specialist Medical Review Council by a legal practitioner, and submissions may not be made on legal matters.

How does the SMRC advertise that it intends to carry out a review ?

As soon as practicable after an application for a review is received, the Specialist Medical Review Council will publish in the Commonwealth of Australia Government Notices Gazette a notice of its intention to carry out a review.  This notice will identify the date by which all submissions to the Specialist Medical Review Council must have been received.

For details of current reviews see our current reviews page

Last updated 05-Dec-2017