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2.2.6 Standards of Proof for determining liability
The MRCA sets out two standards of proof that apply in determining claims for liability. These are the “beyond reasonable doubt” standard of proof and the “reasonable satisfaction” standard of proof. These are the same as the standards of proof in the VEA and are explained in the extracts below from Repatriation Commission Guideline CM5542 “Consideration of claims under section 120 VEA”. Note that section references and terminology in this guideline relate to the VEA.
The Commission Guideline contains the following introductory paragraphs:
APPLICATION OF THESE GUIDELINES
These Guidelines are issued for assistance in approaching the task of decision-making under s 120 of the Veterans' Entitlements Act 1986. They should be read in conjunction with other relevant legislation and Federal and High Court decisions.
PURPOSE OF THESE GUIDELINES
Following the decision of the Full Federal Court in Deledio (1998) and subsequent decisions, these guidelines explain how decision-makers should consider claims.