370CB

Determining Statement of Principles—reasonable hypothesis

Current

(1)

If the Authority is of the view that there is sound medical‑scientific evidence that indicates that a particular kind of injury, disease or death can be related to one of the following kinds of service rendered by a person:

(a)

warlike service;

(b)

non‑warlike service;

(c)

British nuclear test defence service;

(d)

hazardous service;

the Authority must, by legislative instrument, determine a Statement of Principles in respect of that kind of injury, disease or death.

Note 1:

The Authority is required to make and amend a Statement of Principles in certain circumstances (see section 370CG).

Note 2:

The Authority must also make a Statement of Principles for determining claims using the reasonable hypothesis standard of proof when directed by the Review Council (see subsection 370CN(1)).

Note 3:

This Act applies in relation to operational service as if it were warlike service or non‑warlike service (see section 443).

(2)

The Statement of Principles must set out:

(a)

the factors that must as a minimum exist; and

(b)

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.

This Act’s bill:Explanatory memorandum Second reading speech

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