Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p20
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 50984–53750

are, for all purposes, taken to be debts incurred by the Commonwealth.

Functions of Review Council

  "196W.(1) This section sets out the functions of the Review Council.

  "(2) If the Council is asked under section 196Y to review:

    (a) the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or

    (b) a decision of the Repatriation Medical Authority not to determine a Statement of Principles under subsection 196B(2), or a Statement of Principles under subsection 196B(3), in respect of a particular kind of injury, disease or death;

subject to subsection (3), the Council must, for that purpose, carry out a review of all the information that was available to the Authority when it:

  (c) determined, amended, or last amended, the Statement of Principles; or

  (d) decided, or last decided, not to determine a Statement of Principles;

in respect of that kind of injury, disease or death.

"(3) If the Council has been asked to review the contents of a Statement of Principles, the Council may carry out a review under subsection (2) only if:

    (a) the period within which the Statement of Principles may be disallowed under section 48 of the Acts Interpretation Act 1901 has ended; and

  (b) the Statement of Principles has not been disallowed.

"(4) If after carrying out the review, the Council is of the view that there is sound medical-scientific evidence on which the Authority could have relied:

    (a) to amend the Statement of Principles in force in respect of that kind of injury, disease or death; or

    (b) to determine a Statement of Principles under subsection 196B(2), or a Statement of Principles under subsection 196B(3), in respect of that kind of injury, disease or death;

the Council must make a declaration in writing stating its views, setting out the evidence in support and:

    (c) directing the Authority to amend the Statement of Principles, or determine a Statement of Principles (as the case may be), in accordance with the directions given by the Council; or

    (d) remitting the matter for reconsideration in accordance with any directions or recommendations of the Council.

  "(5) If, after carrying out the review, the Council is of the view:

    (a) that there is no sound medical-scientific evidence that justifies the making of a Statement of Principles, or an amendment of the Statement of Principles in force, in respect of that kind of injury, disease or death; or

    (b) that the sound medical-scientific evidence available to the Authority is insufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles, in respect of that kind of injury, disease or death;

the Council must make a declaration