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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 22

Simplified outline of this Part

The Commission accepts liability for an injury, disease or death under this Part.

The Commission must accept liability if a claim for acceptance of liability has been made under section   319, the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part   4 apply.

There are 2 standards of proof that the Commission applies in deciding matters under this Chapter (and the rest of the Act).

The more beneficial standard of proof (in subsections   335(1) and (2)) applies to some claims that an injury, disease or death is a service injury, disease or death that relates to warlike or non - warlike service. The other standard of proof (in subsection   335(3)) applies to all other decisions under this Chapter.

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 (see sections   338 and 339). (Chapter   7 has more rules about the Statements of Principles.)

A Statement of Principles is an instrument made under the Veterans' Entitlements Act 1986 . The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.

For other claims for acceptance of liability, the Statements of Principles are not relevant.



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