Document ID: chunk:federal_register_of_legislation:C2004A04771:front:0:p14
Version: federal_register_of_legislation:C2004A04771
Segment Type: other
Provision Reference: 
Character Range: 35665–38353

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 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: For 'factor related to service' see subsection (14).

"(12) If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(3) 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 Council:

  (a) the factors that must exist; and

     (b) which of those factors must be related to service rendered by a person;

before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note: For 'factor related to service' see subsection (14).

"(13) A determination under subsection (10) amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12) is to be taken to have had effect from the day on which the decision of the Review Council was notified in the Gazette. The determination or Statement of Principles must specify that day.

"(14) A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:

     (a) it resulted from an occurrence that happened while the person was rendering that service; or

  (b) it arose out of, or was attributable to, that service; or

    (c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

        (i) to a place for the purpose of performing duty; or

        (ii) away from a place of duty upon having ceased to perform duty; or

    (d) it was contributed to in a material degree by, or was aggravated by, that service; or

    (e) in the case of a factor causing, or contributing to, an injury—it resulted from an accident that would not have occurred:

        (i) but for the rendering of that service by the person; or

        (ii) but for changes in the person's environment consequent