Legal definition of reasonable satisfaction
The term reasonable satisfaction is the civil standard of proof that applies in Australian courts on matters other than criminal proceedings. To be reasonably satisfied, a delegate must consider that a piece of evidence is more likely than not to be true. The reasonable satisfaction standard of proof is also referred to as the balance of probabilities.
Example where delegate is reasonably satisfied
If it is more likely than not that a claimant has qualifying service, the delegate can be said to be reasonably satisfied that the claimant is a veteran as defined.
Reasonable satisfaction standards apply to all decisions
VEA→
The reasonable satisfaction standard of proof applies to all decisions and matters relating to service pension and income support supplement (ISS) including:
- claims for qualifying service;
- claims for service pension or ISS;
- applications for review of a service pension or ISS matter;
- hardship applications;
- determining the rate of pension payable;
- deciding that a couple are illness-separated; and
- deciding that a person undertook a course of action for the primary purpose of obtaining a pension, an increase in pension or fringe benefits eligibility.
However, the Commission must make certain determinations in respect of incapacity from injury unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making the determination (for example, determinations about whether an injury was defence-caused under s120(2))
Application of balance of probabilities
If a situation arises where a delegate has doubts about a fact relating to a case, while still being reasonably satisfied about the matter as a whole, a decision can still be made on the balance of probabilities.
Making a decision where evidence is insufficient to be clear
In situations where the delegate has insufficient evidence to decide on the balance of probabilities, the claim cannot be accepted until further evidence is provided. If further evidence cannot be obtained, the delegate must reject the claim.