Commonwealth Numbered Acts

REPATRIATION LEGISLATION AMENDMENT ACT 1985 No. 90, 1985 - SECT 16

16. Section 47 of the Principal Act is amended by omitting sub-section (2) and
substituting the following sub-sections:

"(2) Where the Commission is considering and determining a claim for a pension
with respect to the death of incapacity of a member of the Forces, the
Commission shall not grant the claim if it is reasonably satisfied -

   (a)  that the investigation of the claim did not disclose material, and
        there is no other material before the Commission, that raises a
        reasonable hypothesis that there exists a connection required by this
        Act to exist between the death or incapacity of the member and the
        member's war service; or

   (b)  that any such reasonable hypothesis raised by material before the
        Commission has been dispelled.

"(3) Subject to sub-section (2) -

   (a)  in respect of a claim for a pension made under section 24 -

        (i)    by a member of the Forces whose war service included qualifying
               war service; or

        (ii)   by a dependant of a deceased member of the Forces who died
               before 12 November 1958 and whose war service included
               qualifying war service, the Commission shall grant the claim
               unless it is satisfied, beyond reasonable doubt, that there are
               insufficient grounds for granting the claim; and

   (b)  in respect of any other claim for a pension - the Commission shall not
        grant the claim unless it is reasonably satisfied that there are
        sufficient grounds for granting the claim.

"(4) Subject to sub-sections (2) and (3), in determining, or making a decision
in relation to, any matter under this Act or the regulations, including the
assessment or re-assessment of the rate of a pension, the Commission shall
decide the matter to its reasonable satisfaction.

"(5) For the purposes of sub-section (3) -

   (a)  the qualifying war service of a member of the Forces consists of the
        war service (if any) of the member outside Australia; and

   (b)  a reference to the grant of a claim shall be read as not including a
        reference to the assessment of the rate at which pension is to be
        paid.".