Treatment of Evidence

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What is evidence

Evidence is material that tends to satisfy an inquirer that a fact exists. For evidence to be relevant, there must be a relationship between the material provided and the facts in issue.

Entitlement cannot be granted without supporting evidence

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Commission cannot grant a claim or application without evidence to support it. A case must always be established on the balance of probabilities by relevant evidence for acceptance by a delegate.

Difficulties in providing information to be taken into account

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The Commission is required to take into account difficulties that may inhibit, or obstruct the gathering of information or evidence of any fact, matter, cause or circumstance including:

•  the effects of the passage of time and its effects on the availability of witnesses, and
•  the lack of relevant official records.

Example of where difficulties may be taken into account

If a veteran's statement concerning an alleged encounter with hostile forces cannot be confirmed by a witness because a witness cannot be found, it does not mean that the veteran's statement should be automatically discounted.

All relevant material to be considered

When gathering evidence for a case all material that is relevant to the matter to be decided must be considered. Equally, material that is not relevant must be disregarded.