Document ID: chunk:federal_register_of_legislation:F2024L00903:reg:5
Version: federal_register_of_legislation:F2024L00903
Segment Type: reg
Provision Reference: reg 5
Character Range: 2813–4051

5  Claims for compensation
 (1) The Chief of the Defence Force may refer a claim to the Afghanistan Inquiry Compensation Advocate, if the Chief of the Defence Force is satisfied that:
 (a) the claim relates to one or more persons, or persons within a class, (the eligible recipients for the claim), each of whom the Chief of the Defence Force considers:
 (i) is reasonably likely to be the victim of an assault or property damage or a family member of a victim of unlawful killing; and
 (ii) is not reasonably likely to be a member of a terrorist organisation; and
 (iii) is not a sanctioned person and is not reasonably likely to act on behalf of, or at the direction of, a sanctioned entity; and
 (b) the assault, property damage or unlawful killing was found to be substantiated by credible information by the Inspector‑General of the Australian Defence Force Afghanistan Inquiry.
 (2) The referral must include:
 (a) the name of each eligible recipient for the claim; and
 (b) the information taken into account by the Chief of the Defence Force in deciding to refer the claim; and
 (c) any other information that the Chief of the Defence Force considers may be relevant to the advocate's consideration of the claim under section 6.