What Is Balance Of Probability?

When looking at evidence on a claim, a decision must be made on the facts of the case. Called 'standard of proof', this decision relates to the degree of certainty with which contested facts must be established in order to be accepted as proven.

In administrative law (which is what the SRC Act deals with), the basis for a decision must be established on the balance of probabilities (Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139).

There are two standards of proof:

the civil standard (proof on the balance of probabilities); and
the criminal standard (proof beyond reasonable doubt).

BALANCE OF PROBABILITY	BEYOND REASONABLE DOUBT
more likely than not that the fact or facts relied on are correct	stipulates a very high standard of proof
satisfied or reasonably satisfied as to the existence of the facts in question	does not require absolute proof
	the proof, which while it may leave some doubt as to guilt, is so persuasive that it is not reasonable doubt

Balance of probability requires reasonable satisfaction that the facts as presented are probably correct and occurred as stated.

Investigation and evidence gathering are not required to prove beyond reasonable doubt that a compensable condition occurred in the manner claimed.

Case Example (AAT)

The workers' argument was that stress at work, in the form of sexual harassment by superiors, had contributed to her developing a rare form of breast cancer.

Expert evidence suggested that a causal relationship could not be excluded but that there was no conclusive evidence that stress causes cancer.

The Tribunal found that in the circumstances, any association remained “only in the area of possibility or conjecture”.

AAT (Brisbane), Gordon v Comcare, Q93/544

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-four-risk-management-and-balance-probability/looking-evidence/what-balance-probability