Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196b:p5
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196B (pt 5/6)
Character Range: 1781078–1783771

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 factor related to service see subsection (14).
Note 2: The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Review Council (see subsection 196W(4A)).
 (12) If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(3) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette, directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Review Council:
 (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.
Note 1: For factor related to service see subsection (14).
Note 2: The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Review Council (see subsection 196W(4A)).
 (13) A determination under subsection (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12) is taken to have commenced on the day on which the decision of the Review Council was notified in the Gazette. The determination or Statement of Principles must specify that day.
 (13AA) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination under subsection (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12).
 (13A) A determination under this section:
 (a) must be in writing; and
 (b) is a legislative instrument.
 (14) A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:
 (a) it resulted from an occurrence that happened while the person was rendering that service; or
 (b) it arose out of, or was attributable to, that service; or
 (c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
 (i) to a place for the purpose of performing duty; or
 (ii)