Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:2_340a
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 2 cl 340A
Character Range: 180915–182285

340A  Subsection 27A(3) determination to be applied on review of a decision
 (1) This section applies if:
 (a) the Commission, the Board or the Tribunal is reconsidering or reviewing a determination (the original claim determination) in relation to a claim under section 319; and
 (b) at the time the original claim determination was made, a determination under subsection 27A(3) (the earlier presumption determination) was in force in respect of:
 (i) the kind of injury sustained by the person in respect of whom the claim was made; or
 (ii) the kind of disease contracted by the person in respect of whom the claim was made; and
 (c) at the time the decision on the reconsideration or review is made, a different determination under subsection 27A(3) (the current presumption determination) is in force in respect of that kind of injury or disease; and
 (d) the presumption in subsection 27A(1) or (2) is relied on for the purposes of making the decision on the reconsideration or review.
 (2) When making its decision on the reconsideration or review, the Commission, the Board or the Tribunal is to apply whichever of the earlier presumption determination or the current presumption determination will result in a more favourable outcome for the claimant.
 (3) To avoid doubt, the earlier presumption determination may be applied even if it is no longer in force.