Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommission may make determinations
(1) If:
(a) the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see section 196B of the Veterans' Entitlements Act 1986 ); and
(b) the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:
(i) claims for acceptance of liability for injuries or diseases of that kind made by members or former members of a particular class; or
(ii) claims for acceptance of liability for the deaths of such members or former members made by dependants of those members or former members;
cannot succeed; and
(c) the Commission is also of the opinion that, in all the circumstances of the case, those persons or their dependants should be entitled to receive compensation under this Act;
the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under either or both subsections (2) and (3).
Requirements for a reasonable hypothesis determination
(2) A determination under this subsection in respect of a particular kind of injury, disease or death must:
(a) be in writing; and
(b) state that it has effect only in relation to the specified class of members; and
(c) state that it applies only in respect of claims relating to:
(i) warlike service; or
(ii) non - warlike service; and
(d) set out:
(i) the factors that must as a minimum exist; and
(ii) which of those factors must be related to service rendered by a member;
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.
Requirements for a reasonable satisfaction determination
(3) A determination under this subsection in respect of a particular kind of injury, disease or death must:
(a) be in writing; and
(b) state that it has effect only in relation to the specified class of members; and
(c) state that it applies only in respect of claims relating to peacetime service; and
(d) set out:
(i) the factors that must exist; and
(ii) which of those factors must be related to service rendered by a member;
before it can be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.
Determination is a legislative instrument
(4) A determination under subsection (2) or (3) is a legislative instrument.
Effect of reasonable hypothesis determination
(5) While there is in force under subsection (2) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(2) of the Veterans' Entitlements Act 1986 in respect of that kind of injury, disease or death does not apply in respect of any person in relation to whom the determination has effect.
Effect of reasonable satisfaction determination
(6) While there is in force under subsection (3) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(3) of the Veterans' Entitlements Act 1986 in respect of that kind of injury, disease or death does not apply in respect of any person in relation to whom the determination has effect.
Definition of related to service
(7) A factor causing, or contributing to, an injury, disease or death is related to service rendered by a member if:
(a) it resulted from an occurrence that happened while the member was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it was contributed to in a material degree by, or was aggravated by, that service; or
(d) 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 member; or
(ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
(e) in the case of a factor causing, or contributing to, a disease--it would not have occurred:
(i) but for the rendering of that service by the member; or
(ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
(f) in the case of a factor causing, or contributing to, the death of a member--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the member; or
(ii) but for changes in the member's environment consequent upon his or her having rendered that service; or
(g) it resulted from an accident that occurred while the member 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.