2.3.1 Overview of Standards and Onus of Proof

Standard of Proof required for income support decisions under the VEA

The VEA contains provisions specifying the standard of proof required before a decision on a case involving pension can be made. The standard required is known as reasonable satisfaction.

Description of reasonable satisfaction

To be reasonably satisfied, a delegate must consider a fact is more likely than not to be true.

Commission not bound by rules of evidence

When making decisions, the Commission does not have to act in a formal manner, nor is it bound by rules of evidence. Evidence that would not be permitted in a court of law (for example hearsay evidence) is therefore able to be used by a delegate when determining a case.

No onus of proof imposed

The VEA does not impose any responsibility (onus) on any particular party to prove any matter relevant to a claim or application.