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VETERANS' ENTITLEMENTS ACT 1986 - SECT 196B Functions of Authority

VETERANS' ENTITLEMENTS ACT 1986 - SECT 196B

Functions of Authority

  (1)   This section sets out the functions of the Repatriation Medical Authority. The main function of the Authority is to determine Statements of Principles for the purposes of this Act and the MRCA.

Determination of Statement of Principles

  (2)   If the Authority is of the view that there is sound medical - scientific evidence that indicates that a particular kind of injury, disease or death can be related to:

  (a)   operational service rendered by veterans; or

  (b)   peacekeeping service rendered by members of Peacekeeping Forces; or

  (c)   hazardous service rendered by members of the Forces; or

  (caa)   British nuclear test defence service rendered by members of the Forces; or

  (ca)   warlike or non - warlike service rendered by members;

the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:

  (d)   the factors that must as a minimum exist; and

  (e)   which of those factors must be related to service rendered by a person;

before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1:   For sound medical - scientific evidence see subsection   5AB(2).

Note 2:   For peacekeeping service , member of a Peacekeeping Force , hazardous service , member of the Forces and British nuclear test defence service referred to in paragraphs   (2)(b), (c) and (caa), see subsection   5Q(1A).

Note 2A:   For warlike service , non - warlike service and members referred to in paragraph   (2)(ca), see section   196KA. (These definitions are for the purposes of the MRCA.)

Note 3:   For factor related to service see subsection   (14).

  (3)   If the Authority is of the view that on the sound medical - scientific evidence available it is more probable than not that a particular kind of injury, disease or death can be related to:

  (a)   eligible war service (other than operational service) rendered by veterans; or

  (b)   defence service (other than hazardous service and British nuclear test defence service) rendered by members of the Forces; or

  (ba)   peacetime service rendered by members;

the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:

  (c)   the factors that must exist; and

  (d)   which of those factors must be related to service rendered by a person;

before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1:   For sound medical - scientific evidence see subsection   5AB(2).

Note 2:   For defence service , hazardous service , British nuclear test defence service and member of the Forces referred to in paragraph   (3)(b), see subsection   5Q(1A).

Note 2A:   For peacetime service and members referred to in paragraph   (3)(ba), see section   196KA. (These definitions are for the purposes of the MRCA.)

Note 3:   For factor related to service see subsection   (14).

  (3A)   The Authority may determine a Statement of Principles under subsection   (2) or (3) for the purposes of this Act, the MRCA, or both Acts.

Investigation

  (4)   If the Authority:

  (a)   receives a request under section   196E to carry out an investigation in respect of a particular kind of injury, disease or death; or

  (b)   of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated for the purposes of this Act, or the MRCA, to find out whether a Statement of Principles may be determined in respect of it;

the Authority must carry out an investigation to obtain information that would enable the Authority to establish:

  (c)   how the injury may be suffered or sustained, the disease may be contracted or the death may occur; and

  (d)   the extent (if any) to which:

  (i)   the injury, disease or death may be war - caused or defence - caused; or

  (ii)   the injury, disease or death may be a service injury, a service disease or a service death.

Note 1:   For war - caused see sections   8 and 9.

Note 2:   For defence - caused see section   69.

Note 3:   For service injury , service disease and service death see section   196KA. (These definitions are for the purposes of the MRCA.)

  (5)   If, after carrying out the investigation, the Authority is of the view that there is sound medical - scientific evidence on which it can rely to determine a Statement of Principles under subsection   (2) or (3), in respect of that kind of injury, disease or death, the Authority must do so as soon as practicable.

Note:   This subsection does not mean that the Authority must carry out an investigation before it can determine a Statement of Principles under subsection   (2) or (3).

  (6)   If, after carrying out the investigation, the Authority is of the view:

  (a)   that there is no sound medical - scientific evidence on which it can rely to determine a Statement of Principles under subsection   (2) or (3) in respect of that kind of injury, disease or death; or

  (b)   that the sound medical - scientific evidence on which it can rely is insufficient to allow it to do so;

the Authority must make a declaration in writing:

  (c)   stating that it does not propose to make a Statement of Principles; and

  (d)   giving the reasons for its decision.

Subsequent investigation and review of determinations concerning Statement of Principles

  (7)   If the Authority:

  (a)   is asked under section   196E to review:

  (i)   some or all of the contents of a Statement of Principles; or

  (ii)   a decision of the Authority not to make a Statement of Principles in respect of a particular kind of injury, disease or death; or

  (b)   thinks that there are grounds for such a review; or

  (c)   is directed by the Review Council under subsection   196W(7) to carry out an investigation in respect of a particular kind of injury, disease or death;

the Authority must, subject to subsection   196C(4) and section   196CA in a case where paragraph   (a) applies, carry out an investigation to find out if there is new information available about:

  (d)   how the injury may be suffered or sustained, the disease may be contracted or the death may occur; or

  (e)   the extent (if any) to which:

  (i)   the injury, disease or death may be war - caused or defence - caused; or

  (ii)   the injury, disease or death may be a service injury, a service disease or a service death.

Note 1:   For war - caused see sections   8 and 9.

Note 2:   For defence - caused see section   69.

Note 3:   For service injury , service disease and service death see section   196KA. (These definitions are for the purposes of the MRCA.)

  (7A)   If the investigation:

  (a)   relates to a request under section   196E to review some of the contents of a Statement of Principles; or

  (b)   is one to which paragraph   (7)(b) applies and that relates to some of the contents of a Statement of Principles; or

  (c)   is carried out because of a direction under subsection   196W(7) by the Review Council following a request to the Review Council under section   196Z to review the Authority's refusal to carry out an investigation relating to a request under section   196E to review some of the contents of a Statement of Principles;

the Authority may limit its investigation to matters relating to those contents.

Note:   For Review Council see subsection   5AB(1).

  (8)   If, after carrying out the investigation, the Authority is of the view that there is a new body of sound medical - scientific evidence available that, together with the sound medical - scientific evidence previously considered by the Authority, justifies the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death, the Authority must:

  (a)   determine a Statement of Principles in respect of that kind of injury, disease or death under subsection   (2) or (3); or

  (b)   make a determination amending the Statement of Principles determined under subsection   (2) or (3) in respect of that kind of injury, disease or death; or

  (c)   make a determination revoking the Statement of Principles determined under subsection   (2) or (3), and determine a new Statement of Principles under subsection   (2) or (3) in respect of that kind of injury, disease or death;

as the case requires.

Note:   For sound medical - scientific evidence see subsection   5AB(2).

  (9)   If, after carrying out the investigation, the Authority is of the view:

  (a)   that there is no new sound medical - scientific evidence about that kind of injury, disease or death; or

  (b)   that the new sound medical - scientific evidence available is not sufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined in respect of that kind of injury, disease or death;

the Authority must make a declaration in writing:

  (c)   stating that it does not propose to make a Statement of Principles, or amend the Statement of Principles already determined (as the case may be); and

  (d)   giving the reasons for its decision.

  (10)   If the Review Council has, by a decision notified in the Gazette , directed the Authority to amend a Statement of Principles in respect of a particular kind of injury, disease or death, the Authority must make a determination amending the Statement of Principles determined in respect of that kind of injury, disease or death in accordance with the directions of the Review Council.

  (11)   If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection   196B(2) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette , directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Review Council:

  (a)   the factors that must as a minimum exist; and

  (b)   which of those factors must be related to service rendered by a person;

before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1:   For factor related to service see subsection   (14).

Note 2:   The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Review Council (see subsection   196W(4A)).

  (12)   If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection   196B(3) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette , directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Review Council:

  (a)   the factors that must exist; and

  (b)   which of those factors must be related to service rendered by a person;

before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1:   For factor related to service see subsection   (14).

Note 2:   The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Review Council (see subsection   196W(4A)).

  (13)   A determination under subsection   (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection   (11) or (12) is taken to have commenced on the day on which the decision of the Review Council was notified in the Gazette . The determination or Statement of Principles must specify that day.

  (13AA)   Subsection   12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination under subsection   (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection   (11) or (12).

  (13A)   A determination under this section:

  (a)   must be in writing; and

  (b)   is a legislative instrument.

  (14)   A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:

  (a)   it resulted from an occurrence that happened while the person was rendering that service; or

  (b)   it arose out of, or was attributable to, that service; or

  (c)   it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

  (i)   to a place for the purpose of performing duty; or

  (ii)   away from a place of duty upon having ceased to perform duty; or

  (d)   it was contributed to in a material degree by, or was aggravated by, that service; or

  (e)   in the case of a factor causing, or contributing to, an injury--it resulted from an accident that would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service; or

  (f)   in the case of a factor causing, or contributing to, a disease--it would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service; or

  (g)   in the case of a factor causing, or contributing to, the death of a person--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service.

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