< Previous | Table of Contents | Next >
Under the MRCA, two legislated standards of proof are applied to SoPs.8 Based on these, the RMA creates two SoPs for each kind of injury, disease or death.
The two SoPs are known generically as the Reasonable Hypothesis (RH) and Balance of Probability (BoP) SoPs.
Applying Standards of Proof
Both the RMA and the SMRC are required to apply the two standards of proof in arriving at their decisions.
Whether a reasonable hypothesis is ‘indicated’ is explicitly a matter for consideration and assessment by the RMA (or the SMRC) as part of the overall evaluative exercise it is carrying out. The evaluation addresses all the relevant SMSE, recognising that there may be contradictory evidence.
The overall evaluation function of the RMA and the SMRC is to determine whether the relevant SMSE, considered as a whole, indicates a reasonable hypothesis.
In short, the mere fact that one study (or even more than one study) is supportive of the existence of a reasonable hypothesis does not ordain the outcome on its own, but such a study (or studies) may be regarded as sufficient.
For the BoP, the consideration of ‘more probable than not’, a similar process applies, where all the relevant SMSE is considered.
See the RMA Member Handbook and RMA’s Guidelines for Reseachers
< Previous | Table of Contents | Next >