Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a claim under section 319 for acceptance of liability under subsection 23(1) or 24(1) for an injury, disease or death that relates to peacetime service.
Note: Subsection 335(3) is relevant to these claims.
(2) If the Repatriation Medical Authority has given notice under section 196G of the Veterans' Entitlements Act 1986 that it intends to carry out an investigation in respect of a particular kind of injury, disease or death:
(a) the Commission is not to determine a claim for acceptance of liability for a person's injury, disease or death of that kind; and
(b) the Commission, the Board or the Tribunal is not to make a decision on the review of:
(i) a determination by the Commission on such a claim; or
(ii) such a determination as previously affirmed or varied; or
(iii) a decision made on a previous review in substitution for a determination referred to in subparagraph (i) or (ii);
unless or until the Authority:
(c) has determined a Statement of Principles under subsection 196B(3) of that Act in respect of that kind of injury, disease or death; or
(d) has declared that it does not propose to make such a Statement of Principles.
(3) In applying subsection 335(3) to determine a claim, the Commission is to be reasonably satisfied that an injury sustained, or a disease contracted, by a person, or the death of a person, is a service injury, a service disease, or a service death, only if:
(a) the material before the Commission raises a connection between the injury, disease or death of the person and some particular defence service rendered by the person while a member; and
(b) there is in force:
(i) a Statement of Principles determined under subsection 196B(3) or (12) of the Veterans' Entitlements Act 1986 ; or
(ii) a determination of the Commission under subsection 340(3) of this Act; and
(c) the material, and the Statement of Principles or the determination (as the case may be), upholds the contention that the injury, disease or death of the person is, on the balance of probabilities, connected with that service.
(4) Subsection (3) does not apply in relation to a claim for acceptance of liability for a person's injury, disease or death if the Repatriation Medical Authority has neither determined a Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986 , nor declared that it does not propose to make such a Statement of Principles, in respect of:
(a) the kind of injury sustained by the person; or
(b) the kind of disease contracted by the person; or
(c) the kind of death met by the person;
as the case may be.