42Application of section 120 of Veterans’ Entitlements Act to decisions of Commission

42 Application of section 120 of Veterans’ Entitlements Act to decisions of Commission

(1) Subject to subsection (3), section 120 of the Veterans’ Entitlements Act applies to and in relation to the consideration and determination by the Commission of a claim for a pension on or after the commencing date, whether the claim was received at an office of the Department before, on or after that date. (2) Subject to subsection (3), section 120 of the Veterans’ Entitlements Act applies to and in relation to every determination or decision made by the Commission under the Veterans’ Entitlements Act, including a determination or decision so made by reason of the application of that Act as provided in this Act. (3) Where, on or after the commencing date, the Commission is considering and determining a claim for a pension (not being a service pension) that was received at an office of the Department in Australia before 15 May 1985: (a) section 120 of the Veterans’ Entitlements Act does not apply to or in relation to its consideration and determination of the claim; and (b) the Commission shall, subject to subsection (4) of this section, grant the claim unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for granting the claim. (4) In applying paragraph (3)(b) in respect of the incapacity of a person from injury or disease, or in respect of the death of a person, related to service rendered by the person, the Commission shall be satisfied, beyond reasonable doubt, that there is no sufficient ground for determining: (a) that the injury was a war‑caused injury or a defence‑caused injury; (b) that the disease was a war‑caused disease or a defence‑caused disease; or (c) that the death was war‑caused or defence‑caused; as the case may be, if the Commission, after consideration of the whole of the material before it, is of the opinion that the material before it does not raise a reasonable hypothesis connecting the injury, disease or death with the circumstances of the particular service rendered by the person.