Document ID: chunk:federal_register_of_legislation:C2024C00866:section:180a:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 180A (pt 1/3)
Character Range: 1738257–1740924

180A  Determination by Commission
 (1) If:
 (a) the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see section 196B); and
 (b) the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:
 (i) claims for pensions in respect of incapacity from injury or disease of that kind made by veterans, members of the Forces, or members of a Peacekeeping Force, of a particular class; or
 (ii) claims for pensions made by dependants of those veterans or members in respect of the death of such a veteran or member;
  cannot succeed; and
 (c) the Commission is also of the opinion that, in all the circumstances of the case, those veterans, members or their dependants should receive a pension;
the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under subsection (2) or (3), or determinations under both subsections (as the case requires).
Note: For member of the Forces and member of a Peacekeeping Force see subsection 5Q(1A).
 (2) A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
 (a) state that it has effect only in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and
 (b) state that it applies only in respect of claims relating to:
 (i) operational service rendered by a veteran; or
 (ii) peacekeeping service rendered by a member of a Peacekeeping Force; or
 (iii) hazardous service rendered by a member of the Forces; or
 (iv) British nuclear test defence service rendered by a member of the Forces; and
 (c) set out:
 (i) the factors that must as a minimum exist; and
 (ii) which of those factors must be related to service rendered by a person;
  before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.
Note 1: For peacekeeping service, member of a Peacekeeping Force, hazardous service, member of the Forces and British nuclear test defence service see subsection 5Q(1A).
Note 2: For factor related to service see subsection (7).
 (3) A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
 (a) state that it has effect only in relation to the class of veterans or members