Document ID: chunk:federal_register_of_legislation:C2024C00587:section:340:p2
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 340 (pt 2/3)
Character Range: 454252–456890

be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.

Determination is a legislative instrument
 (4) A determination under subsection (2) or (3) is a legislative instrument.

Effect of reasonable hypothesis determination
 (5) While there is in force under subsection (2) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(2) of the Veterans' Entitlements Act 1986 in respect of that kind of injury, disease or death does not apply in respect of any person in relation to whom the determination has effect.

Effect of reasonable satisfaction determination
 (6) While there is in force under subsection (3) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(3) of the Veterans' Entitlements Act 1986 in respect of that kind of injury, disease or death does not apply in respect of any person in relation to whom the determination has effect.

Definition of related to service
 (7) A factor causing, or contributing to, an injury, disease or death is related to service rendered by a member if:
 (a) it resulted from an occurrence that happened while the member was rendering that service; or
 (b) it arose out of, or was attributable to, that service; or
 (c) it was contributed to in a material degree by, or was aggravated by, that service; or
 (d) in the case of a factor causing, or contributing to, an injury—it resulted from an accident that would not have occurred:
 (i) but for the rendering of that service by the member; or
 (ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
 (e) in the case of a factor causing, or contributing to, a disease—it would not have occurred:
 (i) but for the rendering of that service by the member; or
 (ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
 (f) in the case of a factor causing, or contributing to, the death of a member—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
 (i) but for the rendering of that service by the member; or
 (ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
 (g) it resulted from an accident that occurred while the member was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
 (i) to a place for the purpose of performing