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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 332

Simplified outline of this Part

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).

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 all 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 the Veterans' Entitlements Act 1986 ( VEA ). 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   XIA of the VEA. A person who is entitled to a benefit under this Act can apply under the VEA to the Repatriation Medical Authority ( RMA ) to investigate a particular injury, disease or death or review one of its previous decisions about a Statement of Principles.

Under Part   XIB of the VEA, the Specialist Medical Review Council can review decisions of the RMA about Statements of Principles. The Commission can also override an RMA decision about a Statement of Principles under section   340 of this Act.



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