Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 32

Exclusion of injuries or diseases resulting from serious default or wilful acts etc.

  (1)   The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:

  (a)   the injury or disease resulted from the person's serious default or wilful act while a member; or

  (b)   the injury or disease arose from:

  (i)   a serious breach of discipline committed by the person while a member; or

  (ii)   an occurrence that happened while the person was committing a serious breach of discipline while a member; or

  (c)   the injury or disease was intentionally self - inflicted while the person was a member;

except if the injury or disease results in serious and permanent impairment.

  (2)   For the purpose of paragraph   (1)(a), an injury or disease is taken to have resulted from a person's serious default or wilful act if:

  (a)   the person consumed alcohol or took a drug (other than a drug administered by a person legally authorised to administer the drug or a drug legally obtained and taken in accordance with the directions provided with the drug); and

  (b)   the injury or disease resulted from being under the influence of the alcohol or drug.

This subsection does not otherwise limit paragraph   (1)(a).

Exclusion of aggravations etc. resulting from serious default etc.

  (3)   The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:

  (a)   the injury or disease has been contributed to in a material degree, or aggravated, by defence service; and

  (b)   the material contribution or aggravation:

  (i)   resulted from the serious default or wilful act of the person while a member; or

  (ii)   arose from a serious breach of discipline committed by the person while a member; or

  (iii)   arose from an occurrence that happened while the person was committing a serious breach of discipline while a member; or

  (iv)   was intentionally self - inflicted while the person was a member;

    except if the aggravation or material contribution results in serious and permanent impairment.

Exclusion of aggravations etc. of signs or symptoms resulting from serious default etc.

  (4)   The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:

  (a)   a sign or symptom of the injury or disease has been contributed to in a material degree, or aggravated, by defence service; and

  (b)   the material contribution or aggravation:

  (i)   resulted from the serious default or wilful act of the person while a member; or

  (ii)   arose from a serious breach of discipline committed by the person while a member; or

  (iii)   arose from an occurrence that happened while the person was committing a serious breach of discipline while a member; or

  (iv)   was intentionally self - inflicted while the person was a member;

    except if the aggravation or material contribution results in serious and permanent impairment.

  (5)   For the purpose of subparagraph   (3)(b)(i) or (4)(b)(i), a material contribution or aggravation is taken to have resulted from a person's serious default or wilful act if:

  (a)   the person consumed alcohol or took a drug (other than a drug administered by a person legally authorised to administer the drug or a drug legally obtained and taken in accordance with the directions provided with the drug); and

  (b)   the material contribution or aggravation results from being under the influence of the alcohol or drug.

This subsection does not otherwise limit subparagraph   (3)(b)(i) or (4)(b)(i).