Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 2   Single ongoing Act enhancements

Part 3   Presumptive liability

Military Rehabilitation and Compensation Act 2004

147   Section 341

Repeal the section, substitute:

340A Subsection 27A(3) determination to be applied on review of a decision

(1) This section applies if:

(a) the Commission, the Board or the Tribunal is reconsidering or reviewing a determination (the original claim determination ) in relation to a claim under section 319; and

(b) at the time the original claim determination was made, a determination under subsection 27A(3) (the earlier presumption determination ) was in force in respect of:

(i) the kind of injury sustained by the person in respect of whom the claim was made; or

(ii) the kind of disease contracted by the person in respect of whom the claim was made; and

(c) at the time the decision on the reconsideration or review is made, a different determination under subsection 27A(3) (the current presumption determination ) is in force in respect of that kind of injury or disease; and

(d) the presumption in subsection 27A(1) or (2) is relied on for the purposes of making the decision on the reconsideration or review.

(2) When making its decision on the reconsideration or review, the Commission, the Board or the Tribunal is to apply whichever of the earlier presumption determination or the current presumption determination will result in a more favourable outcome for the claimant.

(3) To avoid doubt, the earlier presumption determination may be applied even if it is no longer in force.

341 Statement of Principles to be applied on review of a decision

(1) This section applies if:

(a) the Commission, the Board or the Tribunal is reconsidering or reviewing a determination (the original claim determination ) in relation to a claim to which section 338 or 339 applies; and

(b) at the time the original claim determination was made, a Statement of Principles (the earlier Statement of Principles ) was in force in respect of:

(i) the kind of injury sustained by the person in respect of whom the claim was made; or

(ii) the kind of disease contracted by the person in respect of whom the claim was made; or

(iii) the kind of death suffered by the person in respect of whom the claim was made; and

(c) at the time the decision on the reconsideration or review is made, a different Statement of Principles (the current Statement of Principles ) is in force in respect of that kind of injury, disease or death.

(2) Subject to sections 340 and 340A, when making its decision on the reconsideration or review, the Commission, the Board or the Tribunal is to apply whichever of the earlier Statement of Principles or the current Statement of Principles will result in a more favourable outcome for the claimant.

(3) To avoid doubt, the earlier Statement of Principles may be applied even if it is no longer in force.