Document ID: chunk:federal_register_of_legislation:C2024C00866:section:196b:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 196B (pt 4/6)
Character Range: 1778568–1781307

the sound medical‑scientific evidence previously considered by the Authority, justifies 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:
 (a) determine a Statement of Principles in respect of that kind of injury, disease or death under subsection (2) or (3); or
 (b) make a determination amending the Statement of Principles determined under subsection (2) or (3) in respect of that kind of injury, disease or death; or
 (c) make a determination revoking the Statement of Principles determined under subsection (2) or (3), and determine a new Statement of Principles under subsection (2) or (3) in respect of that kind of injury, disease or death;
as the case requires.
Note: For sound medical‑scientific evidence see subsection 5AB(2).
 (9) If, after carrying out the investigation, 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 of Principles already determined (as the case may be); and
 (d) giving the reasons for its decision.
 (10) If the Review Council has, by a decision notified in the Gazette, directed the Authority to amend a Statement of Principles in respect of a particular kind of injury, disease or death, the Authority must make a determination amending the Statement of Principles determined in respect of that kind of injury, disease or death in accordance with the directions of the Review Council.
 (11) If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(2) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette, directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Review Council:
 (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.
Note 1: For factor related