Document ID: chunk:federal_register_of_legislation:C2024C00587:section:340:p1
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 340 (pt 1/3)
Character Range: 451796–454501

340  Determination by Commission overriding Authority's decision in relation to Statements of Principles

Commission may make determinations
 (1) If:
 (a) the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see section 196B of the Veterans' Entitlements Act 1986); and
 (b) the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:
 (i) claims for acceptance of liability for injuries or diseases of that kind made by members or former members of a particular class; or
 (ii) claims for acceptance of liability for the deaths of such members or former members made by dependants of those members or former members;
  cannot succeed; and
 (c) the Commission is also of the opinion that, in all the circumstances of the case, those persons or their dependants should be entitled to receive compensation under this Act;
the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under either or both subsections (2) and (3).

Requirements for a reasonable hypothesis determination
 (2) A determination under this subsection in respect of a particular kind of injury, disease or death must:
 (a) be in writing; and
 (b) state that it has effect only in relation to the specified class of members; and
 (c) state that it applies only in respect of claims relating to:
 (i) warlike service; or
 (ii) non‑warlike service; and
 (d) set out:
 (i) the factors that must as a minimum exist; and
 (ii) which of those factors must be related to service rendered by a member;
  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.

Requirements for a reasonable satisfaction determination
 (3) A determination under this subsection in respect of a particular kind of injury, disease or death must:
 (a) be in writing; and
 (b) state that it has effect only in relation to the specified class of members; and
 (c) state that it applies only in respect of claims relating to peacetime service; and
 (d) set out:
 (i) the factors that must exist; and
 (ii) which of those factors must be related to service rendered by a member;
  before it can be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.

Determination is a legislative instrument
 (4) A determination under subsection (2) or (3) is a legislative