Veterans' General Guidelines War Veteran's Matters Purpose To acknowledge the special contribution made by war veterans to protecting Australian society in time of war, aid may be granted to war veterans or their dependants in relation to appeals from decisions of the Veterans’ Review Board about war-caused disability pension entitlement or assessment claims under Part II of the Veterans’ Entitlements Act 1986. Aid is not subject to the means test, nor any contribution except costs recovered in the matter. Non-complex matters – stage of matter limits Unless the Commission determines the matter to be complex, funding may be granted in the following stages Stage 1 – funding for the following costs and disbursements only a maximum of 10 hours for work up to and including the second preliminary conference (including all attempts to settle the matter), and up to 2 medical reports, if necessary. Stage 2 – funding for the following costs and disbursements only a maximum of 12 hours work for the hearing (including all preparation and either the costs of a solicitor or the fees of a barrister for appearing at the hearing), and witness expenses. The total amount of funding that may be made available for disbursements for a non-complex matter is $2,500. Funding at each stage is subject to merits assessment, and compliance with the Commonwealth’s Checklist for Administration of War Veterans’ Matters and the Administrative Appeal Tribunal’s General Practice Direction. Complex Matters The Commission may determine the most appropriate assistance to provide for complex matters. The Commission may determine that a matter is complex at any time during the administration of a matter. In determining whether a matter is complex, the Commission may have regard to whether several conditions are being claimed, and reports are required from 3 or more areas of medical expertise, whether there is a complex link between Statements of Principle and the condition claimed, and whether unresolved issues of law are involved. In making its determination, the Commission may consult with the applicant for assistance the national office of the Department of Veterans’ Affairs, and the Administrative Appeals Tribunal. Matters for which legal aid is not available (a) Legal aid is not available - until there has been an adverse determination, in the matter for which legal aid is sought, by the Repatriation Commission - in non-psychiatric claims where a finding of no incapacity has been made, unless the applicant furnishes as his or her own expense a medical opinion verifying the existence of the condition alleged - in entitlement matters where the applicant is already in receipt of 100% of the general rate of pension except where the claim is a means to achieving an additional financial benefit. (b) No contributions payable - Payments under s33(f) of the Legal Aid Commission Act 1979 (except as may arise by operation of the guideline (a) above) and payments under s46 of the Legal Aid Commission Act 1979 are not levied in veteran's pension matters. [except by way of costs recovered]. - Contributions under s36 of the Act are not levied in veteran's pension matters. Representation Where possible veterans' pension matters are dealt with on an in-house basis. Matters will only be assigned to a private legal practitioner where a Commission salaried officer is unable to conduct the matter or where there are exceptional circumstances. There is no right of appeal to a Legal Aid Review Committee against a decision to provide aid on an inhouse basis or by nominating a specific private practitioner (see ss34(4A) and 56(1AA) of the Legal Aid Commission Act 1979.

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