Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p6
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 15575–18331

the Forces, has the same meaning as in section 120.

'member of a Peacekeeping Force' has the same meaning as in Part IV;

'member of the Forces' has the same meaning as in Part IV;

'peacekeeping service' has the same meaning as in Part IV.".

Standard of proof

  8. Section 120 of the Principal Act is amended:

  (a) by inserting at the end of subsection (1) the following Note:

     "Note: This subsection is affected by section 120A.";

  (b) by inserting at the end of subsection (2) the following Notes:

         "Note 1: For 'member of a Peacekeeping Force', 'peacekeeping service', 'member of the Forces' and 'hazardous service' see subsection 5Q(1A).
     Note 2: This subsection is affected by section 120A.";

  (c) by inserting at the end of subsection (3) the following Note:

     "Note: This subsection is affected by section 120A.";

  (d) by inserting at the end of subsection (4) the following Note:

     "Note: This subsection is affected by section 120B.";

  (e) by omitting paragraph (7)(a).

Insertion of sections

9. After section 120 of the Principal Act the following sections are inserted:

Reasonableness of hypothesis to be assessed by reference to Statement of Principles

"120A.(1) This section applies to any of the following claims made on or after 1 June 1994:

    (a) a claim under Part II that relates to the operational service rendered by a veteran;

  (b) a claim under Part IV that relates to:

        (i) the peacekeeping service rendered by a member of a Peacekeeping Force; or

        (ii) the hazardous service rendered by a member of the Forces.

Note 1: Subsections 120(1), (2) and (3) are relevant to these claims.
    Note 2: For 'peacekeeping service', 'member of a Peacekeeping Force', 'hazardous service' and 'member of the Forces' see subsection 5Q(1A).

"(2) If the Repatriation Medical Authority has given notice under section 196G that it intends to carry out an investigation in respect of a particular kind of injury, disease or death, the Commission is not to determine a claim in respect of the incapacity of a person from an injury or disease of that kind, or in respect of a death of that kind, unless or until the Authority:

     (a) has determined a Statement of Principles under subsection 196B(2) in respect of that kind of injury, disease or death; or

     (b) has declared that it does not propose to make such a Statement of Principles.

"(3) For the purposes of subsection 120(3), a hypothesis connecting an injury suffered by a person, a disease contracted by a person or the death of a person with the circumstances of any particular service rendered by the person is reasonable only if there is in force:

  (a) a Statement of Principles determined under subsection 196B(2)