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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 335

Standard of proof for Commission and Chief of the Defence Force

Standard of proof for claims relating to warlike or non-warlike service

             (1)  If a claim in respect of subsection 23(1) or (3) or 24(1) for acceptance of liability for a person's injury, disease or death relates to warlike or non-warlike service rendered by the person while a member, the Commission must determine that the injury is a service injury, that the disease is a service disease, or that the death is a service death, as the case may be, unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.

Note:          This subsection, to the extent that it relates to subsections 23(1) and 24(1), is affected by section 338.

When there is no sufficient ground for making a determination

             (2)  In applying subsection (1) in respect of a person's injury, disease or death, related to service rendered by the person while a member, the Commission must be satisfied, beyond reasonable doubt, that there is no sufficient ground for determining:

                     (a)  that the injury is a service injury; or

                     (b)  that the disease is a service disease; or

                     (c)  that the death is a service death;

as the case may be, if the Commission, after consideration of the whole of the material before it, is of the opinion that the material before it does not raise a reasonable hypothesis connecting the injury, disease or death with the circumstances of the particular service rendered by the person while a member.

Note:          This subsection, to the extent that it relates to subsections 23(1) and 24(1), is affected by section 338.

Other determinations to be made to its reasonable satisfaction

             (3)  Except in making a determination to which subsection (1) applies, the Chief of the Defence Force or the Commission must, in making any determination or decision in respect of a matter arising under this Act, the regulations, or any other instrument made under this Act or the regulations, decide the matter to his, her or its reasonable satisfaction.

Note:          This subsection, to the extent that it relates to subsections 23(1) and 24(1), is affected by section 339.



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