Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 5

Definition of relates to defence service for injuries, diseases and deaths

  (1)   For the purposes of this Act, an injury, disease or death relates to defence service rendered by a person if:

  (a)   it resulted from an occurrence that happened while the person was rendering that service; or

  (b)   it arose out of, or was attributable to, that service; or

  (c)   it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

  (i)   to a place for the purpose of performing duty; or

  (ii)   away from a place of duty upon having ceased to perform duty; or

  (d)   in the case of an injury--it resulted from an accident that would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service; or

  (e)   in the case of a disease--it would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service; or

  (f)   in the case of a death of a person--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service.

Definition of relates to defence service for aggravations and material contributions

  (2)   For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, relates to defence service rendered by a person if:

  (a)   it resulted from an occurrence that happened while the person was rendering that service; or

  (b)   it arose out of, or was attributable to, that service; or

  (c)   it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

  (i)   to a place for the purpose of performing duty; or

  (ii)   away from a place of duty upon having ceased to perform duty; or

  (d)   in the case of an aggravation of, or a material contribution to, an injury, or a sign or symptom of an injury--it resulted from an accident that would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service; or

  (e)   in the case of an aggravation of, or a material contribution to, a disease, or a sign or symptom of a disease--it would not have occurred:

  (i)   but for the rendering of that service by the person; or

  (ii)   but for changes in the person's environment consequent upon his or her having rendered that service.