Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196b:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196B (pt 2/6)
Character Range: 1773722–1776383

For sound medical‑scientific evidence see subsection 5AB(2).
Note 2: For defence service, hazardous service, British nuclear test defence service and member of the Forces referred to in paragraph (3)(b), see subsection 5Q(1A).
Note 2A: For peacetime service and members referred to in paragraph (3)(ba), see section 196KA. (These definitions are for the purposes of the MRCA.)
Note 3: For factor related to service see subsection (14).
 (3A) The Authority may determine a Statement of Principles under subsection (2) or (3) for the purposes of this Act, the MRCA, or both Acts.

Investigation
 (4) If the Authority:
 (a) receives a request under section 196E to carry out an investigation in respect of a particular kind of injury, disease or death; or
 (b) of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated for the purposes of this Act, or the MRCA, to find out whether a Statement of Principles may be determined in respect of it;
the Authority must carry out an investigation to obtain information that would enable the Authority to establish:
 (c) how the injury may be suffered or sustained, the disease may be contracted or the death may occur; and
 (d) the extent (if any) to which:
 (i) the injury, disease or death may be war‑caused or defence‑caused; or
 (ii) the injury, disease or death may be a service injury, a service disease or a service death.
Note 1: For war‑caused see sections 8 and 9.
Note 2: For defence‑caused see section 69.
Note 3: For service injury, service disease and service death see section 196KA. (These definitions are for the purposes of the MRCA.)
 (5) If, after carrying out the investigation, 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 subsection (2) or (3), in respect of that kind of injury, disease or death, the Authority must do so as soon as practicable.
Note: This subsection does not mean that the Authority must carry out an investigation before it can determine a Statement of Principles under subsection (2) or (3).
 (6) If, after carrying out the investigation, 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 subsection (2) or (3) 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