Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In considering, hearing or determining a claim or request mentioned in subsection (2) and in making a decision in relation to such a claim or request, the Commission:
(a) is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it thinks just; and
(b) must act according to substantial justice and the substantial merits of the case, without regard to legal form and technicalities; and
(c) without limiting paragraphs (a) and (b), must take into account any difficulties that, for any reason, lie in the way of ascertaining the existence of any fact, matter, cause or circumstance, including any reason attributable to:
(i) the effects of the passage of time, including the effect of the passage of time on the availability of witnesses; and
(ii) the absence of, or a deficiency in, relevant official records, including an absence or deficiency resulting from the fact that an occurrence that happened during the defence service of a member was not reported to the appropriate authorities.
(2) Subsection (1) applies to:
(a) a claim under section 319; and
(b) a request under section 349 for reconsideration of a determination.