Section 332 of the MRCA defers to Chapter 9A in relation to the SOP regime. The SOPs are legal instruments that provide the means by which specified diseases and injuries may be related to service.
The majority of medical conditions claimed by military personnel are covered by SOPs.
Each SOP condition has two instruments which reflect the different tests applicable to MRCA claims:
- balance of probabilities (BOP) for peacetime service; and
- reasonable hypothesis (RH) for all other (operational, warlike and non-warlike) service.
Section 338 of the MRCA says that the 'reasonableness of hypothesis is to be assessed by reference to SOPs'. Section 339 says that 'reasonable satisfaction is to be assessed ... by reference to SOPs'.
The SOPs are binding on Repatriation Commission delegates and are an essential consideration in many liability determinations, with the exception of claims that are covered under the presumptive liability and medical event on duty arrangements in section 27A of the MRCA and certain other categories specified under sections 27 and 28 of the MRCA.