Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p11
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 28031–30862

seal of the Authority appearing on a document; and

  (b) presume that the document was duly sealed.

"(4) Debts incurred by the Authority in the performance of its functions are, for all purposes, taken to be debts incurred by the Commonwealth.

Functions of Authority

"196B.(1) This section sets out the functions of the Repatriation Medical Authority.

Determination of Statement of Principles

"(2) If the Authority is of the view that there is sound medical-scientific evidence that indicates that a particular kind of injury, disease or death can be related to:

  (a) operational service rendered by veterans; or

  (b) peacekeeping service rendered by members of Peacekeeping Forces; or

  (c) hazardous service rendered by members of the Forces;

the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:

  (d) the factors that must as a minimum exist; and

  (e) which of those factors must be related to service rendered by a person;

before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1: For 'sound medical-scientific evidence' see subsection 5AB(2).
    Note 2: For 'peacekeeping service', 'member of a Peacekeeping Force', 'hazardous service' and 'member of the Forces' see subsection 5Q(1A).
Note 3: For 'factor related to service' see subsection (14).

"(3) If the Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that a particular kind of injury, disease or death can be related to:

     (a) eligible war service (other than operational service) rendered by veterans; or

     (b) defence service (other than hazardous service) rendered by members of the Forces;

the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:

  (c) the factors that must exist; and

  (d) which of those factors must be related to service rendered by a person;

before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1: For 'sound medical-scientific evidence' see subsection 5AB(2).
Note 2: For 'defence service' and 'hazardous service' see subsection 5Q(1A).
Note 3: For 'factor related to service' see subsection (14).

Investigation

  "(4) If the Authority:

     (a) receives a request under section 196E to carry out an investigation in respect of a particular kind of injury, disease or death; or

     (b) of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated for the purposes of this Act to find out whether a Statement of Principles may be determined in respect