Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_370cn:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 370CN (pt 1/2)
Character Range: 350559–353377

370CN  Action following review by Review Council

Determining a Statement of Principles where directed by the Review Council—reasonable hypothesis
 (1) If, after reviewing a decision of the Authority not to determine a Statement of Principles under section 370CB in respect of a particular kind of injury, disease or death, the Review Council directs the Authority under subsection 380C(4) to determine such a Statement of Principles, the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
 (2) The Statement of Principles must set out, in accordance with the direction of the Review Council:
 (a) the factors that must as a minimum exist; and
 (b) 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.

Determining a Statement of Principles where directed by the Review Council—balance of probabilities
 (3) If, after reviewing a decision of the Authority not to determine a Statement of Principles under section 370CC in respect of a particular kind of injury, disease or death, the Review Council directs the Authority under subsection 380C(4) to determine such a Statement of Principles, the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
 (4) The Statement of Principles must set out, in accordance with the direction 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.

Amending a Statement of Principles where directed by the Review Council
 (5) If, under subsection 380C(4), the Review Council directs the Authority to amend a Statement of Principles in respect of a kind of injury, disease or death, the Authority must do so in accordance with the directions of the Review Council.

Requirements where Statement of Principles made or amended under this section
 (6) A Statement of Principles as determined or amended under this section:
 (a) is taken to have commenced on the day on which the Review Council made the notifiable instrument under subsection 380C(4) directing the Authority to do so; and
 (b) must specify that day.
 (7) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a Statement of Principles determined or amended under this section.

Amendment and revocation of Statement of Principles made or amended under this section
 (8)