Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p8
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 20515–23252

injury, disease or death of the person and some particular service rendered by the person; and

  (b) there is in force:

        (i) a Statement of Principles determined under subsection 196B(3) or (12); or

        (ii) a determination of the Commission under subsection 180A(3);

that upholds the contention that the injury, disease or death of the person is, on the balance of probabilities, connected with that service.

"(4) Subsection (3) does not apply in relation to a claim in respect of the incapacity from injury or disease, or the death, of a person if the Authority has neither determined a Statement of Principles under subsection 196B(3), nor declared that it does not propose to make such a Statement of Principles, in respect of:

  (a) the kind of injury suffered by the person; or

  (b) the kind of disease contracted by the person; or

  (c) the kind of death met by the person;

as the case may be.".

Insertion of section

10. After section 180 of the Principal Act the following section is inserted:

Determination by Commission

  "180A.(1) If:

     (a) the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see section 196B); and

    (b) the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:

        (i) claims for pensions in respect of incapacity from injury or disease of that kind made by veterans, members of the Forces, or members of a Peacekeeping Force, of a particular class; or

        (ii) claims for pensions made by dependants of those veterans or members in respect of the death of such a veteran or member;

     cannot succeed; and

    (c) the Commission is also of the opinion that, in all the circumstances of the case, those veterans, members or their dependants should receive a pension;

the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under subsection (2) or (3), or determinations under both subsections (as the case requires).

Note: For 'member of the Forces' and 'member of a Peacekeeping Force' see subsection 5Q(1A).

"(2) A determination under this subsection in respect of a particular kind of injury, disease or death must be in writing and must:

     (a) state that it has effect only in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and

  (b) state that it applies only in respect of claims relating to:

        (i) operational service rendered by