Military Rehabilitation and Compensation Act 2004

If, after carrying out an investigation under section 370CD, the Authority is of the view that there is sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death, the Authority must do so as soon as practicable.

If, after carrying out an investigation under section 370CE, the Authority is of the view that there is a new body of sound medical‑scientific evidence that, together with sound medical‑scientific evidence previously considered by the Authority, justifies the determination, or amendment, of a Statement of Principles under section 370CB or 370CC in respect of a kind of injury, disease or death that can be related to service rendered by a person, the Authority must do one or more of the following as the case requires:

determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death;

amend an existing Statement of Principles in respect of that kind of injury, disease or death;

revoke an existing Statement of Principles, and determine a new Statement of Principles under section 370CB or 370CC, in respect of that kind of injury, disease or death.

If, after carrying out an investigation under section 370CD in respect of a particular kind of injury, disease or death, the Authority is of the view:

that there is no sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under section 370CB or 370CC in respect of that kind of injury, disease or death; or

that the sound medical‑scientific evidence on which it can rely is insufficient to allow it to do so;

stating that it does not propose to make a Statement of Principles; and

giving the reasons for its decision.

If, after carrying out an investigation under section 370CE in respect of a particular kind of injury, disease or death, the Authority is of the view:

that there is no new sound medical‑scientific evidence about that kind of injury, disease or death; or

that the new sound medical‑scientific evidence available is not sufficient to 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;

stating that it does not propose to make a Statement of Principles, or amend the Statement of Principles already determined (as the case may be); and

giving the reasons for its decision.

If the Authority decides not to make, or not to review or not to amend, a Statement of Principles, it must, within 14 days, notify the Commission in writing of its decision.

If the decision is made following a request from a person or organisation under section 370CH, the Authority must also notify the person or organisation in writing of its decision.

A declaration under subsection (3) or (4) is not a legislative instrument.