Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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); 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 pensions in respect of incapacity from injury or disease of that kind made by veterans, members of the Forces, or members of a Peacekeeping Force, of a particular class; or
(ii) claims for pensions made by dependants of those veterans or members in respect of the death of such a veteran or member;
cannot succeed; and
(c) the Commission is also of the opinion that, in all the circumstances of the case, those veterans, members or their dependants should receive a pension;
the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under subsection (2) or (3), or determinations under both subsections (as the case requires).
Note: For member of the Forces and member of a Peacekeeping Force see subsection 5Q(1A).
(2) A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
(a) state that it has effect only in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and
(b) state that it applies only in respect of claims relating to:
(i) operational service rendered by a veteran; or
(ii) peacekeeping service rendered by a member of a Peacekeeping Force; or
(iii) hazardous service rendered by a member of the Forces; or
(iv) British nuclear test defence service rendered by a member of the Forces; and
(c) 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 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 1: For peacekeeping service , member of a Peacekeeping Force , hazardous service , member of the Forces and British nuclear test defence service see subsection 5Q(1A).
Note 2: For factor related to service see subsection (7).
(3) A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
(a) state that it has effect only in relation to the class of veterans or members of the Forces referred to in subparagraph (1)(b)(i); and
(b) state that it applies only in respect of claims relating to:
(i) eligible war service (other than operational service) rendered by a veteran; or
(ii) defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces; and
(c) set out:
(i) the factors that must exist; and
(ii) which of those factors must be related to service rendered by a person;
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.
Note 1: For defence service , hazardous service , British nuclear test defence service and member of the Forces see subsection 5Q(1A).
Note 2: For factor related to service see subsection (7).
(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) in respect of that kind of injury, disease or death does not apply in respect of any veteran, member of the Forces, member of any Peacekeeping Force or dependant in relation to whom the determination has effect.
(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) in respect of that kind of injury, disease or death does not apply in respect of any veteran or member of the Forces or dependant in relation to whom the determination has effect.
(7) 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 upon his or her having rendered that service; or
(f) 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 person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(g) in the case of a factor causing, or contributing to, the death of a person--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 person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.