Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p12
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 30631–33354

death; or

     (b) of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated for the purposes of this Act to find out whether a Statement of Principles may be determined in respect of it;

the Authority must carry out an investigation to obtain information that would enable the Authority to establish:

     (c) how the injury may be suffered, the disease may be contracted or the death may occur; and

     (d) the extent (if any) to which the injury, disease or death may be war-caused or defence-caused.

Note 1: For 'war-caused' see sections 8 and 9.
Note 2: For 'defence-caused' see section 69.

"(5) If, after carrying out the investigation, the Authority is of the view that there is sound medical-scientific evidence on which it can rely to determine a Statement of Principles under subsection (2) or (3), in respect of that kind of injury, disease or death, the Authority must do so as soon as practicable.

   Note: This subsection does not mean that the Authority must carry out an investigation before it can determine a Statement of Principles under subsection (2) or (3).

  "(6) If, after carrying out the investigation, the Authority is of the view:

     (a) that there is no sound medical-scientific evidence on which it can rely to determine a Statement of Principles under subsection (2) or (3) in respect of that kind of injury, disease or death; or

     (b) that the sound medical-scientific evidence on which it can rely is insufficient to allow it to do so;

the Authority must make a declaration in writing:

  (c) stating that it does not propose to make a Statement of Principles; and

  (d) giving the reasons for its decision.

Subsequent investigation and review of determinations concerning Statement of Principles

  "(7) If the Authority:

  (a) is asked under section 196E to review:

        (i) the contents of a Statement of Principles; or

        (ii) a decision of the Authority not to make a Statement of Principles in respect of a particular kind of injury, disease or death; or

  (b) thinks that there are grounds for such a review; or

    (c) is directed by the Review Council under subsection 196W(7) to carry out an investigation in respect of a particular kind of injury, disease or death;

the Authority must, subject to subsection 196C(4) in a case where paragraph (a) applies, carry out an investigation to find out if there is new information available about:

     (d) how the injury may be suffered, the disease may be contracted or the death may occur; or

     (e) the extent to which the disease, injury or death may be war-caused or defence-caused.

"(8) If, after carrying out the investigation, the Authority