Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196b:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196B (pt 1/6)
Character Range: 1771185–1774000

196B  Functions of Authority
 (1) This section sets out the functions of the Repatriation Medical Authority. The main function of the Authority is to determine Statements of Principles for the purposes of this Act and the MRCA.

Determination of Statement of Principles
 (2) If the Authority is of the view that there is sound medical‑scientific evidence that indicates that a particular kind of injury, disease or death can be related to:
 (a) operational service rendered by veterans; or
 (b) peacekeeping service rendered by members of Peacekeeping Forces; or
 (c) hazardous service rendered by members of the Forces; or
 (caa) British nuclear test defence service rendered by members of the Forces; or
 (ca) warlike or non‑warlike service rendered by members;
the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:
 (d) the factors that must as a minimum exist; and
 (e) which of those factors must 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 sound medical‑scientific evidence see subsection 5AB(2).
Note 2: For peacekeeping service, member of a Peacekeeping Force, hazardous service, member of the Forces and British nuclear test defence service referred to in paragraphs (2)(b), (c) and (caa), see subsection 5Q(1A).
Note 2A: For warlike service, non‑warlike service and members referred to in paragraph (2)(ca), see section 196KA. (These definitions are for the purposes of the MRCA.)
Note 3: For factor related to service see subsection (14).
 (3) 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:
 (a) eligible war service (other than operational service) rendered by veterans; or
 (b) defence service (other than hazardous service and British nuclear test defence service) rendered by members of the Forces; or
 (ba) peacetime service rendered by members;
the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:
 (c) the factors that must exist; and
 (d) 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 sound medical‑scientific evidence see subsection 5AB(2).
Note 2: For defence service, hazardous service, British nuclear test defence service and member of the Forces referred to in paragraph (3)(b), see subsection 5Q(1A).
Note 2A: For peacetime service and members referred