Document ID: chunk:federal_register_of_legislation:C2024C00587:section:29
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 29
Character Range: 89213–91635

29  Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth

Liability for injuries and diseases caused by treatment
 (1) For the purposes of this Act, an injury (the relevant injury) sustained, or a disease (the relevant disease) contracted, by a person is a service injury or a service disease if:
 (a) all of the following apply:
 (i) the person receives treatment for an earlier service injury or service disease;
 (ii) the treatment is paid for or provided wholly or partly by the Commonwealth;
 (iii) as a consequence of that treatment, the person sustains the relevant injury or contracts the relevant disease; or
 (b) the person receives any treatment under regulations made under the Defence Act 1903 for an earlier injury or disease that is not a service injury or service disease and as an unintended consequence of that treatment, the person sustains the relevant injury or contracts the relevant disease.

Liability for injuries and diseases aggravated by treatment
 (2) For the purposes of this Act, an injury (the relevant injury) sustained, or a disease (the relevant disease) contracted, by a person is a service injury or a service disease if:
 (a) all of the following apply:
 (i) the person receives treatment for an earlier service injury or service disease;
 (ii) the treatment is paid for or provided wholly or partly by the Commonwealth;
 (iii) as a consequence of that treatment, the relevant injury or relevant disease, or a sign or symptom of the relevant injury or relevant disease, is aggravated by the treatment; or
 (b) the person receives any treatment under regulations made under the Defence Act 1903 for an earlier injury or disease that is not a service injury or service disease and, as an unintended consequence of that treatment, the relevant injury or relevant disease, or a sign or symptom of the relevant injury or relevant disease, is aggravated by the treatment.

Liability for deaths caused by treatment
 (3) For the purposes of this Act, the death of a person is a service death if:
 (a) either:
 (i) the person receives treatment under this Act for a service injury or disease and the treatment is paid for or provided wholly or partly by the Commonwealth; or
 (ii) the person receives any treatment under regulations made under the Defence Act 1903; and
 (b) as a consequence of that treatment, the person dies.