Document ID: chunk:federal_register_of_legislation:C2024C00866:section:138
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 138
Character Range: 1653397–1655015

138  Board not bound by technicalities etc.
 (1) The Board, in conducting a review, in hearing a review or in making a decision on a review of a decision:
 (a) is not bound by technicalities, legal forms or rules of evidence; and
 (b) shall act according to substantial justice and the merits and all the circumstances of the case and, without limiting the generality of the foregoing, shall take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:
 (i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; or
 (ii) the absence of, or a deficiency in, relevant official records including an absence or deficiency resulting from the fact that an occurrence that happened during the service of a veteran, or of a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1), was not reported to the appropriate authorities.
 (2) The Commission may make available to the Board:
 (a) statements of principles applied by the Commission in deciding claims for pension and applications for pension and attendant allowance and increased pension and in conducting reviews under section 31; and
 (b) such other material as the Commission considers may be of assistance to the Board in the exercise of its powers or the performance of its functions under this Act.
 (3) Nothing in this section authorizes the Commission to direct the Board with respect to its consideration of a particular review by the Board.