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2.3.3 Nature of the evidence


Section 72 also provides that Delegates are not bound by those formal rules of evidence, which would apply during a hearing conducted by a civil court. This means that the Delegate in deciding the matter, may take into account all available evidence regardless of origin, and is not restricted to considering only those issues presented by the claimant. Thus, Delegates are required to actively investigate the claim.

Claims are in fact decided on the basis of all independent evidence available to a Delegate, and not on the basis of conjecture or supposition or only on the basis of unsupported (i.e. unverified) assertions by the claimant.