Document ID: chunk:federal_register_of_legislation:C2004C00383:section:5
Version: federal_register_of_legislation:C2004C00383
Segment Type: section
Provision Reference: s 5
Character Range: 2473–3948

5  Pensions or compensation for incapacity or death

 (1) Where the incapacity or death of a member of the Forces:
 (a) has resulted from any occurrence that happened during the period of his service in the Defence Force during the war; or
 (b) has arisen out of or is attributable to that service;
the Commonwealth is, subject to such conditions as are prescribed, liable to pay or grant to the member of the Forces and, subject to the regulations, to his dependants pension or compensation at such rates or of such amounts as are provided for in the regulations.

 (2) Where:
 (a) a member of the Forces is suffering from an incapacity or has died;
 (b) the origin of the cause of the incapacity or death existed before the commencement of his service in the Defence Force during the war; and
 (c) the incapacity was contributed to in any material degree, or was aggravated, by the conditions of that service, or the death was contributed to in any material degree by those conditions;
the incapacity or death, as the case may be, shall be deemed to be attributable to that service.

 (3) The Commonwealth is not liable under the preceding provisions of this section if the incapacity or death of the member of the Forces:
 (a) was due to his serious default or wilful act;
 (b) arose from intentionally self‑inflicted injuries; or
 (c) arose from, or from an occurrence that happened during the commission of, a serious breach of discipline by the member of the Forces.