Military Rehabilitation and Compensation Act 2004

The Commission must decide all claims under this Act in accordance with this Part. In deciding claims, the usual technicalities and rules that apply to courts do not apply to the Commission. The standards of proof that apply in determining issues under this Act are found in section 335.

There are 2 standards of proof that the Commission applies in deciding matters under this Part (and the rest of the Act), unless the presumption in subsection 27A(1) or (2) (that certain injuries and diseases are attributable to defence service) is relied on to make the decision.

The more beneficial standard of proof (in subsections 335(1) and (2)) only applies to some claims that relate to warlike or non‑warlike service. The other standard of proof (in subsection 335(3)) applies to most other decisions under this Act.

This Part also introduces the Statements of Principles regime under sections 338 and 339. For some claims for acceptance of liability for an injury, disease or death the standard of proof can only be met if the injury or disease, or the cause of death, is covered by a Statement of Principles.

A Statement of Principles is an instrument made under Chapter 9A. The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.

The process for making Statements of Principles is found in Part 3 of Chapter 9A. A person who is entitled to a benefit under this Act can apply to the Authority to investigate a particular injury, disease or death or review one of its previous decisions about a Statement of Principles.

Under Chapter 9B, the Review Council can review decisions of the Authority about Statements of Principles. The Commission can also override an Authority decision about a Statement of Principles under section 340 of this Act.