VETERANS' ENTITLEMENTS ACT 1986 - SECT 120B Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles

VETERANS' ENTITLEMENTS ACT 1986 - SECT 120B

  (1)   This section applies to any of the following claims made on or after 1   June 1994:

  (a)   a claim under Part   II that relates to the eligible war service (other than operational service) rendered by a veteran;

  (b)   a claim under Part   IV that relates to the defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces.

Note 1:   Subsection   120(4) is relevant to these claims.

Note 2:   For hazardous service , member of the Forces and British nuclear test defence service see subsection   5Q(1A).

  (2)   If the Repatriation Medical Authority has given notice under section   196G that it intends to carry out an investigation in respect of a particular kind of injury, disease or death, the Commission is not to determine a claim in respect of the incapacity of a person from an injury or disease of that kind, or in respect of a death of that kind, unless or until the Authority:

  (a)   has determined a Statement of Principles under subsection   196B(3) in respect of that kind of injury, disease or death; or

  (b)   has declared that it does not propose to make such a Statement of Principles.

  (3)   In applying subsection   120(4) to determine a claim, the Commission is to be reasonably satisfied that an injury suffered by a person, a disease contracted by a person or the death of a person was war - caused or defence - caused only if:

  (a)   the material before the Commission raises a connection between the injury, disease or death of the person and some particular service rendered by the person; and

  (b)   there is in force:

  (i)   a Statement of Principles determined under subsection   196B(3) or (12); or

  (ii)   a determination of the Commission under subsection   180A(3);

that upholds the contention that the injury, disease or death of the person is, on the balance of probabilities, connected with that service.

  (4)   Subsection   (3) does not apply in relation to a claim in respect of the incapacity from injury or disease, or the death, of a person if the Authority has neither determined a Statement of Principles under subsection   196B(3), nor declared that it does not propose to make such a Statement of Principles, in respect of:

  (a)   the kind of injury suffered by the person; or

  (b)   the kind of disease contracted by the person; or

  (c)   the kind of death met by the person;

as the case may be.