Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_370cc
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 370CC
Character Range: 335295–336599

370CC  Determining Statement of Principles—balance of probabilities
 (1) 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 one of the following kinds of service rendered by a person:
 (a) peacetime service;
 (b) service to which a claim mentioned in subsection 120B(1) of the VEA relates;
the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
Note 1: The Authority is required to make and amend a Statement of Principles in certain circumstances (see section 370CG).
Note 2: The Authority must also make a Statement of Principles for determining claims using the balance of probabilities standard of proof when directed by the Review Council (see subsection 370CN(3)).
 (2) The Statement of Principles must set out:
 (a) the factors that must exist; and
 (b) 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.

Division 3—Investigations by the Authority

Subdivision A—When investigations must be carried out