Uncovering Errors in DVA Decisions: How Own Motion Reviews Protect Veterans’ Rights

What is an Own Motion Review and How KSC Helps Veterans Through the Process

An Own Motion Review is a process where the Department of Veterans’ Affairs (DVA) or the Military Rehabilitation and Compensation Commission (MRCC) re-examines a decision about a claim without needing a formal request from the claimant, their representative, or the Commonwealth. This type of review can be triggered when there is reason to believe that the original determination was flawed due to administrative errors, incorrect interpretation of evidence, or failure to follow procedures correctly. The goal of an Own Motion Review is to ensure the decision aligns with legislative and policy requirements, correcting mistakes where necessary.

Reconsiderations are not always initiated by claimants. Sometimes, MRCC Delegates may determine it necessary to review their own decision. Under subsection 60(1) of the Act, Delegates who made a determination are authorised to re-examine their own decisions if they believe an error or oversight occurred. This can happen either in light of new evidence or due to a reassessment of the existing evidence. Delegates have two options in such cases:

1. Reconsider the decision themselves: The original Delegate can review and potentially amend their determination.
2. Refer to another Delegate (Reconsideration Delegate, RD): A Delegate at level 6 or higher, uninvolved in the original decision, can conduct the review to ensure impartiality.

The MRCC has strict policies governing Own Motion Reviews, ensuring that any reconsideration initiated by a Delegate benefits the claimant. If the original Delegate believes an error was made, they must consult with a Reconsideration Delegate or the local MRCC Manager before proceeding. Furthermore, if a revocation or cessation of liability is proposed, specific procedures outlined in Section 53.3 of the Liability Handbook must be followed.

Own Motion Reviews: Rare but Valuable

It is important to note that Own Motion Reviews are not commonly carried out and are generally reserved for clear cases of administrative error or when new evidence emerges that significantly changes the context of the original decision. In most situations, veterans who wish to challenge a decision will need to utilise the standard appeals pathways, such as requesting a reconsideration or lodging an appeal with the Veterans’ Review Board (VRB) or the Administrative Appeals Tribunal (AAT). These formal appeals pathways are the primary mechanism for addressing disputes over DVA decisions, while Own Motion Reviews serve as an exception rather than the rule.

How KSC Assists Veterans Through Own Motion Reviews

At KSC Claims(KSC), we specialise in identifying errors and administrative missteps in DVA decisions, including cases where Own Motion Reviews may be appropriate. Our experienced team is committed to ensuring veterans receive the entitlements they deserve by leveraging this process when evidence suggests mal-administration. Here’s how we help:

1. Identifying Errors in Original Decisions
   With our deep expertise in DVA claims and regulations, we meticulously analyse decisions to uncover potential errors, including misinterpretation of evidence, procedural oversights, or incomplete assessments. By conducting thorough reviews of the facts and documentation, we can pinpoint areas where the original decision may have been flawed.
2. Leveraging the Own Motion Review Process
   When we identify errors that warrant reconsideration, we work to prompt an Own Motion Review. This might involve providing new evidence, clarifying existing documentation, or demonstrating that administrative mistakes impacted the outcome of the decision. By advocating on behalf of veterans, we ensure the Delegate or MRCC understands the importance of correcting the error.
3. Advocating for Fair Outcomes
   Our team works to ensure the review process adheres to the MRCC’s strict guidelines, which require that any reconsideration benefits the claimant. Whether we liaise with Delegates, provide comprehensive evidence, or monitor procedural compliance, we prioritise favourable outcomes for our clients.
4. Addressing Maladministration
   In cases where maladministration is evident, such as undue delays, incomplete investigations, or procedural breaches, we escalate the issue appropriately. This may include advocating for a higher-level Delegate to conduct the review or lodging formal complaints to ensure accountability and resolution.
5. Supporting Veterans Throughout the Process
   Navigating the complexities of an Own Motion Review can be overwhelming. At KSC Claims, we provide veterans with clear guidance, regular updates, and empathetic support, ensuring they feel informed and empowered every step of the way.

The royal commissioners presenting the interim report to Governor-General David Hurley. Mick Tsikas/AAP

Why Own Motion Reviews Matter

Own Motion Reviews serve as a vital mechanism to correct errors and uphold fairness within the DVA claims system, even if they are uncommon. For most veterans, standard appeals pathways will remain the most suitable way to address disputes over DVA decisions. However, in the rare cases where clear administrative errors or significant new evidence emerge, Own Motion Reviews provide an additional safeguard to ensure decisions are accurate.

With KSC’s expertise, veterans can feel confident that administrative mistakes will not go unnoticed or unchallenged. By ensuring decisions are accurate and aligned with legislative requirements, we help veterans access the support and recognition they deserve.

If you believe an error has been made in your DVA claim or suspect maladministration, contact KSC today. Let us help you navigate the process and achieve the best possible outcome.