Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196c
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196C
Character Range: 1784851–1786759

196C  Powers of Authority with respect to investigations
 (1) The Repatriation Medical Authority may not, for the purposes of an investigation, carry out any new research work (including any test or experiment).
 (2) The Authority may, for the purposes of an investigation, ask the Secretary:
 (a) to forward to the Authority any information:
 (i) in the possession of the Secretary; or
 (ii) that the Secretary may obtain;
  relating to the kind of injury, disease or death under investigation; or
 (b) to carry out research (including any test or experiment) to obtain, confirm, or disprove, specific information about that kind of injury, disease or death and forward a report to the Authority.
 (3) In forming any view during the investigation, the Authority:
 (a) may rely only on sound medical‑scientific evidence:
 (i) that has been submitted to it; or
 (ii) that it has obtained on its own initiative or from the Secretary (under subsection (2)) or from a consultant; and
 (b) must consider and evaluate all the evidence so made available to it.
 (4) If:
 (a) the Authority has carried out the investigation in respect of a particular kind of injury, disease or death; and
 (b) within 12 months after the Authority has, at the end of the investigation:
 (i) determined or amended a Statement of Principles; or
 (ii) declared that it does not propose to make or amend a Statement of Principles;
  a person or organisation asks the Authority under section 196E to review:
 (iii) some or all of the contents of the Statement of Principles; or
 (iv) its decision not to make a Statement of Principles; and
 (c) the Authority thinks that there are no grounds for such a review;
the Authority may decide not to carry out an investigation in respect of that kind of injury, disease or death. The Authority must then inform the person or organisation in writing of its decision, stating the reasons for it.