Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 49AB

Pre-assessment request

             (1)  For the purposes of this Division, a pre-assessment request is a written request by a person:

                     (a)  for advice about whether this Division would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and

                     (b)  that sets out sufficient information to enable the advice to be given.

             (2)  For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.--timing of request

             (3)  For the purposes of this Division, if:

                     (a)  a person contacted the Department:

                              (i)  by telephone; or

                             (ii)  by fax; or

                            (iii)  by email; or

                            (iv)  in person;

                            for advice about whether this Division would apply to the person, or to the person's partner, in the event that a proposed transfer were to take place; and

                     (b)  the person followed up that contact by lodging a pre-assessment request with the Department within 21 days after the day on which the person contacted the Department;

the person is taken to have lodged the pre-assessment request on the day on which the person contacted the Department.

Affirmative response to pre-assessment request

             (4)  For the purposes of this Division, if a person lodges a pre-assessment request, the Department is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Department, gives the person a written notice:

                     (a)  that contains advice to the effect that this Division would apply to the person, or to the person's partner, in the event that the proposed transfer were to take place; and

                     (b)  that specifies the date on which the notice was issued.

Timing of response

             (5)  The Department is taken to have responded to a pre-assessment request on the date specified in the notice as the date on which the notice was issued.