Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_370cg:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 370CG (pt 1/2)
Character Range: 341125–343823

370CG  Action following investigation

Decision to determine etc. a Statement of Principles
 (1) If, after carrying out an investigation under section 370CD, the Authority is of the view that there is sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death, the Authority must do so as soon as practicable.
 (2) If, after carrying out an investigation under section 370CE, the Authority is of the view that there is a new body of sound medical‑scientific evidence that, together with sound medical‑scientific evidence previously considered by the Authority, justifies the determination, or amendment, of a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death that can be related to service rendered by a person, the Authority must do one or more of the following as the case requires:
 (a) determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death;
 (b) amend an existing Statement of Principles in respect of that kind of injury, disease or death;
 (c) revoke an existing Statement of Principles, and determine a new Statement of Principles under section 370CB or 370CC, in respect of that kind of injury, disease or death.

Decision not to determine etc. Statement of Principles
 (3) If, after carrying out an investigation under section 370CD in respect of a particular kind of injury, disease or death, the Authority is of the view:
 (a) that there is no sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death; or
 (b) that the sound medical‑scientific evidence on which it can rely is insufficient to allow it to do so;
the Authority must make a declaration in writing:
 (c) stating that it does not propose to make a Statement of Principles; and
 (d) giving the reasons for its decision.
 (4) If, after carrying out an investigation under section 370CE in respect of a particular kind of injury, disease or death, the Authority is of the view:
 (a) that there is no new sound medical‑scientific evidence about that kind of injury, disease or death; or
 (b) that the new sound medical‑scientific evidence available is not sufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined in respect of that kind of injury, disease or death;
the Authority must make a declaration in writing:
 (c) stating that it does not propose to make a Statement of Principles, or amend the Statement