This guideline is intended to provide information on the role of people representing a veteran or serving member (the applicant) during their time with us at the VRB.
What a representative does
Representatives play an important role in assisting and supporting veterans and serving members.
When a representative ‘acts for’ an applicant during their time with us at the VRB, the representative might:
- give the applicant legal or other advice
- give documents to us at the VRB
- send letters or emails to us at the VRB, or the other party; - either the Repatriation Commission or the
- Military Rehabilitation and Compensation Commission or their representatives
- prepare documents for a dispute resolution event or hearing
- negotiate the resolution of an application
- prepare for, and take part in a dispute resolution event or hearing as an advocate
Who can be a representative?
The VRB encourages veterans or serving member to take advantage of the services and supports available to them, including the appointment of a representative of their choice.
A number of ex-service organisations (and the Legal Aid Commission in some states and territories) provide representatives free of charge, irrespective of whether or not the veteran is a member of the organisation. The VRB is able to provide a list of these organisations. The Accredited Advocate Register (www.advocateregister.org.au) also provides a list of representatives.
We follow the legislation when a legally qualified person is a representative. Legally qualified persons can provide representation in the following ways:
- Help prepare an application;
- Participate in all aspects of Dispute Resolution; and
- Provide written submissions for a hearing.
However, lawyers are prevented by law from appearing at VRB hearings.
What an the applicant and their representative should do
An applicant should tell us if they have a representative. This is so we know who has to receive copies of the correspondence and documents about the application.
A representative should tell us if they have stopped acting for an applicant.
The rules representatives must follow
Where a lawyer acts as a representative for an applicant, he or she is bound by the Conduct Rules and any statement of ethics made by the relevant state-based law society. Non-lawyers may be bound by other codes, such as the Advocacy Training and Development Program (ADTP) Code of Ethics.
The legislation requires all representatives before the VRB to use their best endeavours to assist us to fulfil our objective of providing a mechanism of review that is accessible, fair, just, economical, informal and quick.
To do this, representatives should present the applicant’s case to the best of their abilities and promote the timely resolution of cases consistent with the best interests of the applicant.
This includes:
- only taking on an amount of work that can be done efficiently in order to comply with timetables set by us;
- obtaining clear written, signed, authorisation from the applicant;
- having the application for review ready to be progressed as soon as practicable, including, wherever possible, providing written submissions in advance of an Dispute Resolution event or hearing;
- being available for Dispute Resolution events and hearings scheduled by us or ensuring relevant files are accessible to another representative in the case of any absence of a representative. This may require liaising with another organisation to make any necessary arrangements;
- presenting the identified issues and relevant evidence clearly and succinctly at Dispute Resolution events and hearings; and
- complying with the time limits and directions made by us, including fulfilling any undertakings made.
In addition, representatives before us have a duty to:
- not mislead the VRB;
- maintain objectivity and exercise independent judgment in the conduct and presentation of the case to the VRB;
- be aware of the relevant legislation, Statements of Principles and case law, regardless of whether they support or detract from the applicant’s case; and
- act courteously and behave in a proper manner before the VRB including treating other parties, including Commission representatives, and members and staff of the VRB with courtesy and respect.