Commonwealth Numbered ActsThe Commission accepts liability for an injury, disease or death under this
Part.
The Commission must accept liability if a claim for acceptance of
liability has been made under section 319, the injury, disease or death
is a service injury, disease or death, and none of the exclusions in
Part 4 apply.
There are 2 standards of proof that the Commission applies
in deciding matters under this Chapter (and the rest of the Act).
The more
beneficial standard of proof (in subsections 335(1) and (2)) applies to some
claims that an injury, disease or death is a service injury, disease or death
that relates to warlike or non-warlike service. The other standard of proof
(in subsection 335(3)) applies to all other decisions under this Chapter.
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 (see sections 338 and
339). (Chapter 7 has more rules about the Statements of Principles.)
A
Statement of Principles is an instrument made under the Veterans' Entitlements
Act 1986 . The Statement sets out all factors related to defence service that
have been found to cause specific injuries, diseases and deaths.
For other
claims for acceptance of liability, the Statements of Principles are not
relevant.