Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 341

Current Statement of Principles to be applied on review of a decision

             (1)  This section applies if:

                     (a)  the Commission, the Board or the Tribunal is reconsidering or reviewing a determination in relation to a claim to which section 338 or 339 applies; and

                     (b)  at the time of the making of the decision on the review, there is in force a Statement of Principles (the current Statement of Principles ) determined under section 196B of the Veterans' Entitlements Act 1986 in respect of:

                              (i)  the kind of injury sustained by the person in respect of whom the claim is made; or

                             (ii)  the kind of disease contracted by the person in respect of whom the claim is made; or

                            (iii)  the kind of death suffered by the person in respect of whom the claim is made.

             (2)  Subject to section 340, the Commission, the Board or the Tribunal is to apply the current Statement of Principles when making its decision on the reconsideration or review.

             (3)  To avoid doubt, it is declared that no right, privilege, obligation or liability is acquired, accrued or incurred that would permit the Commission, the Board or the Tribunal, in making a decision on the reconsideration or review, to apply any Statement of Principles that is no longer in force.



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