Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:5_370cb
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 5 cl 370CB
Character Range: 333960–335295

370CB  Determining Statement of Principles—reasonable hypothesis
 (1) If the Authority is of the view that there is sound medical‑scientific evidence that indicates that a particular kind of injury, disease or death can be related to one of the following kinds of service rendered by a person:
 (a) warlike service;
 (b) non‑warlike service;
 (c) British nuclear test defence service;
 (d) hazardous service;
the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.
Note 1: The Authority is required to make and amend a Statement of Principles in certain circumstances (see section 370CG).
Note 2: The Authority must also make a Statement of Principles for determining claims using the reasonable hypothesis standard of proof when directed by the Review Council (see subsection 370CN(1)).
Note 3: This Act applies in relation to operational service as if it were warlike service or non‑warlike service (see section 443).
 (2) The Statement of Principles must set out:
 (a) the factors that must as a minimum exist; and
 (b) 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.