Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section sets out the functions of the Review Council.
(2) If the Review Council is asked under section 196Y to review:
(a) some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or
(b) a decision of the Repatriation Medical Authority not to determine a Statement of Principles under subsection 196B(2), or a Statement of Principles under subsection 196B(3), in respect of a particular kind of injury, disease or death; or
(ba) a decision of the Repatriation Medical Authority not to amend a Statement of Principles in respect of a particular kind of injury, disease or death;
subject to subsection (3), the Review Council must, for that purpose, carry out a review of all the information that was available to the Authority when it:
(c) determined, amended, or last amended, the Statement of Principles; or
(d) decided, or last decided, not to determine, or not to amend, a Statement of Principles;
in respect of that kind of injury, disease or death.
(3) If the Review Council has been asked to review some or all of the contents of a Statement of Principles, the Review Council may carry out a review under subsection (2) only if:
(a) the period within which the Statement of Principles may be disallowed under section 42 of the Legislation Act 2003 has ended; and
(b) the Statement of Principles has not been disallowed.
(3A) If:
(a) the Review Council has been asked to review some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; and
(b) there is another Statement of Principles in force in respect of that kind of injury, disease or death, but the Review Council has not been asked to review some or all of the contents of that other Statement of Principles;
then the Review Council must also review that other Statement of Principles by reviewing the information subsection (2) requires it to review in reviewing the Statement of Principles it has been asked to review.
(4) If after carrying out the review, the Review Council is of the view that there is sound medical - scientific evidence on which the Authority could have relied:
(a) to amend either or both of the Statements of Principles in force in respect of that kind of injury, disease or death; or
(b) to determine a Statement of Principles under subsection 196B(2), or a Statement of Principles under subsection 196B(3), in respect of that kind of injury, disease or death;
the Review Council must make a declaration in writing stating its views, setting out the evidence in support and:
(c) directing the Authority to amend either or both of the Statements of Principles, or determine a Statement of Principles (as the case may be), in accordance with the directions given by the Review Council; or
(d) remitting the matter for reconsideration in accordance with any directions or recommendations of the Review Council.
(4A) The Review Council may give directions under subsection (4) for the purposes of this Act, the MRCA, or both Acts.
(5) If, after carrying out the review, the Review Council is of the view:
(a) that there is no sound medical - scientific evidence that justifies the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles in force, in respect of that kind of injury, disease or death; or
(b) that the sound medical - scientific evidence available to the Authority is insufficient to justify the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death;
the Review Council must make a declaration in writing to that effect giving the reasons for its decision. The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
(6) If the Review Council is asked under section 196Z to review a decision of the Repatriation Medical Authority under subsection 196C(4) not to carry out an investigation in respect of a particular kind of injury, disease or death, the Review Council must consider:
(a) the reasons given by the Authority for making the decision; and
(b) the information on which it relied in making that decision; and
(c) the grounds on which the request for the review was made and any submission made in support of those grounds.
(7) If, after considering the matters referred to in paragraphs (6)(a), (b) and (c), the Review Council is of the view that:
(a) there appears to be a new body of sound medical - scientific evidence in respect of that kind of injury, disease or death that has not been previously considered by the Authority; and
(b) that new body of evidence, together with the sound medical - scientific evidence available to the Authority, could justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death;
the Review Council must make a declaration in writing to that effect giving the reasons for its decision and directing the Authority to carry out an investigation under subsection 196B(7) in respect of that kind of injury, disease or death. The Review Council may include in the declaration any recommendation or direction that the Review Council considers fit to make about the carrying out of the investigation.
(8) If, after considering the matters referred to in paragraphs (6)(a), (b) and (c), the Review Council is not of the view referred to in subsection (7) in respect of that kind of injury, disease or death, the Review Council must make a declaration in writing:
(a) affirming the decision of the Authority not to carry out the investigation; and
(b) giving the reasons for its decision.
The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.