Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196w:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196W (pt 2/3)
Character Range: 1802846–1805555

Statement of Principles under subsection 196B(2), or a Statement of Principles under subsection 196B(3), in respect of that kind of injury, disease or death;
the Review Council must make a declaration in writing stating its views, setting out the evidence in support and:
 (c) directing the Authority to amend either or both of the Statements of Principles, or determine a Statement of Principles (as the case may be), in accordance with the directions given by the Review Council; or
 (d) remitting the matter for reconsideration in accordance with any directions or recommendations of the Review Council.
 (4A) The Review Council may give directions under subsection (4) for the purposes of this Act, the MRCA, or both Acts.
 (5) If, after carrying out the review, the Review Council is of the view:
 (a) that there is no sound medical‑scientific evidence that justifies the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles in force, in respect of that kind of injury, disease or death; or
 (b) that the sound medical‑scientific evidence available to the Authority is insufficient to justify the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death;
the Review Council must make a declaration in writing to that effect giving the reasons for its decision. The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
 (6) If the Review Council is asked under section 196Z to review a decision of the Repatriation Medical Authority under subsection 196C(4) not to carry out an investigation in respect of a particular kind of injury, disease or death, the Review Council must consider:
 (a) the reasons given by the Authority for making the decision; and
 (b) the information on which it relied in making that decision; and
 (c) the grounds on which the request for the review was made and any submission made in support of those grounds.
 (7) If, after considering the matters referred to in paragraphs (6)(a), (b) and (c), the Review Council is of the view that:
 (a) there appears to be a new body of sound medical‑scientific evidence in respect of that kind of injury, disease or death that has not been previously considered by the Authority; and
 (b) that new body of evidence, together with the sound medical‑scientific evidence available to the Authority, could justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect