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Military Rehabilitation and Compensation Act 2004
329Consequences of failure to undergo an examination
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329 Consequences of failure to undergo an examination
Subdivision D—Obligations of claimants and Commission
330 Power to request the provision of information
331 Certain documents to be supplied on request
Part 2—Determination of claims
332 Simplified outline of this Part
333 Determination of claims
334 Commission not bound by technicalities
335 Standard of proof for Commission and Chief of the Defence Force
336 Commission not entitled to make certain presumptions
337 No onus of proof
338 Reasonableness of hypothesis to be assessed by reference to Statement of Principles
339 Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
340 Determination by Commission overriding Authority’s decision in relation to Statements of Principles
341 Current Statement of Principles to be applied on review of a decision
342 Determination of the onset date for an incapacity for service or work
343 Determination of the date of death
Chapter 8—Reconsideration and review of determinations
344 Simplified outline of this Chapter
345 Definitions
345A Application of this Chapter to decisions about clean energy payments
345B Application of this Chapter to decisions about acute support packages
Part 2—Notifying original determinations
346 Notifying original determinations
Part 3—Reconsideration of determinations
347 Commission or Chief of the Defence Force initiating reconsideration of original determinations
347A Reconsideration of permanent impairment compensation
348 Varying determinations made by the Board
349 Chief of the Defence Force initiating reconsideration of determinations
350 Reconsideration
351 Notifying reviewable determinations
Part 4—Review by the Board
352 Definitions
Division 2—Applications for review
352A Applications for review
352B Application requirements
352C Notifying Commission of application
352D Commission to prepare report
352E Ongoing requirement for lodging material documents with Board
Division 3—Proceedings before the Board
352F Principal Member or Senior Member to preside at hearing
352G Parties to review before Board
352H Notice of hearing etc.
352J Procedure of Board
352K Participation by telephone etc.
352L Obligations of parties etc.
352M Questions to be decided by majority of Board
352N Hearing to be in private except in special circumstances
352P Powers of Board
352Q Board may summon persons to give evidence or produce documents
352R Information may be made available to parties
352S Board not bound by technicalities etc.
352T Board may remit matters to Commission for further consideration
Division 4—Alternative dispute resolution processes
352U Referral of review for alternative dispute resolution process
352V Directions by Principal Member
352W Agreement about the terms of a decision etc.
352X Evidence not admissible
352Y Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board
352Z Participation by telephone etc.
353 Engagement of persons to conduct alternative dispute resolution processes
Division 5—Decisions of the Board
353A Decision of Board
353B Board to give notice of decision and reasons to parties
353C Dismissal of applications
353D Consequence of dismissal of application
353E Circumstances in which application may be reinstated
353F Date of operation of decision by Board
353G Correction of errors in decisions or statements of reasons
Division 6—Offences
353H Offence—failure of witness to attend
353J Offence—failure to take an oath, make an affirmation or answer a question etc.
353K Offence—giving false or misleading evidence
353L Offence—contempt of Board
Division 7—Other matters
353M Immunity
353N Medical expenses
353P Travelling expenses for obtaining medical evidence
353Q Other travelling expenses
353R Applications for other travelling expenses
353S Advance of travelling expenses for obtaining medical evidence
353T Fees for witnesses
353U Instruments that are not legislative instruments
Part 5—Review by the Tribunal
354 Applications to the Tribunal for review
355 Modifications of the Administrative Review Tribunal Act 2024
355A Applications cannot be made to the Tribunal guidance and appeals panel
356 Evidence
357 Costs of proceedings before the Tribunal
358 Costs where proceedings rendered abortive
359 Certain provisions not to apply to review of determinations of the Board
Chapter 8A—Veterans’ Review Board
359A Simplified outline of this Chapter
Part 2—Establishment of Board
359B Establishment
359BA Board’s objective
Part 3—Administration
Division 1—Membership
359C Appointment of members
359CA Acting appointments
359CB Remuneration
359CC Leave of absence
359CD Other paid work
359CE Other terms and conditions
359CF Resignation
359CG Termination of appointment
359CH Suspension of Board members
359CI Disclosure of interests