3.4.14.2 Legislative References
- s 22 simplified outline of Chapter 2: includes reference to presumptive liability
- s 23(1) note: standards of proof do not apply where a determination is made on a presumptive basis
- s 27A presumptive liability for specified injuries and diseases
- s 324(2) no investigation or additional evidence is required about service relationship where the condition is accepted under s 27A
- s 332 simplified outline of Part 2 of Chapter 7: includes reference to presumptive liability
- s 333(2) determination does not require investigation of connection with service where s 27A applies
- s 335(4) exception: standards of proof do not apply to s 27A determinations
- s 336 confirms Commission can determine on a presumptive basis and that no other assumptions of liability are created
- s 338(2A) reasonable hypothesis provisions do not affect s 27A determinations
- s 339(2A) reasonable satisfaction provisions do not affect s 27A determinations
- s 340A reviews must apply the more favourable of the current or an earlier presumptive instrument
- s 341 equivalent provision for SoPs on review
- s 345(2)(aa) a determination prescribing presumptive conditions and kinds of defence service under s 27A(3) is not an original determination and is not reviewable. It must be approved by the Minister and is disallowable by Parliament.
Source URL: https://clik.dva.gov.au/node/86925