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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 228

Exclusions relating to travel

Substantial delay commencing journey

  (1)   The Commonwealth is not liable to pay compensation for the loss of, or damage to, a member's medical aid that resulted from an accident that occurred while the member was travelling on a journey from the member's place of duty if the member delayed commencing the journey for a substantial time after he or she ceased to perform duty at that place, unless:

  (a)   the delay was for a reason connected with the performance of the member's duties; or

  (b)   in the circumstances of the particular case:

  (i)   the nature of the risk of having the accident was not substantially changed; and

  (ii)   the extent of that risk was not substantially increased;

    by that delay or by anything that happened during that delay.

Routes that are not reasonably direct

  (2)   The Commonwealth is not liable to pay compensation for the loss of, or damage to, a member's medical aid that resulted from an accident that occurred while the member was travelling on a journey, or a part of a journey, by a route that was not reasonably direct having regard to the means of transport used, unless:

  (a)   the journey, or that part of the journey, was made by that route for a reason connected with the performance of the member's duties; or

  (b)   in the circumstances of the particular case:

  (i)   the nature of the risk of having the accident was not substantially changed; and

  (ii)   the extent of that risk was not substantially increased;

    because the journey, or that part of the journey, was made by that route.

Substantial interruptions to journeys

  (3)   The Commonwealth is not liable to pay compensation for the loss of, or damage to, a member's medical aid that resulted from an accident that occurred while the member was travelling on a part of a journey made after a substantial interruption of the journey, unless:

  (a)   the interruption was made for a reason connected with the performance of the member's duties; or

  (b)   in the circumstances of the particular case:

  (i)   the nature of the risk of having the accident was not substantially changed; and

  (ii)   the extent of that risk was not substantially increased;

    because of that interruption.



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