Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_352s
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 352S
Character Range: 210904–212404

352S  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 an original determination:
 (a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and
 (b) must act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and
 (c) without limiting paragraphs (a) and (b), must 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; and
 (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 defence service of a member was not reported to the appropriate authorities.
 (2) The Commission may make available to the Board:
 (a) any Statements of Principles applied by the Commission; 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 authorises the Commission to direct the Board with respect to its consideration of a particular review.