Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:9
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 9
Character Range: 24162–26354

9  Definition of disease
 (1) In this instrument:
disease means:
 (a) an ailment suffered by a covered person; or
 (b) an aggravation of such an ailment;
that was contributed to, to a significant degree, by the person's covered activities.
 (2) In determining whether an ailment or aggravation suffered by a covered person was contributed to, to a significant degree, by the person's covered activities, the following matters may be taken into account:
 (a) the duration of the covered activities;
 (b) the nature of, and particular tasks involved in, the covered activities;
 (c) any predisposition of the person to the ailment or aggravation;
 (d) any activities of the person not related to the covered activities;
 (e) any other matters affecting the person's health.
This subsection does not limit the matters that may be taken into account.
 (3) For the purposes of this section, disregard any covered activities engaged in before 1 January 2016.

Provisions relating to diseases
 (4) For the purposes of this instrument, a covered person is taken to have suffered a disease, or an aggravation of a disease, on the day when:
 (a) the covered person first sought medical treatment for the disease or aggravation; or
 (b) the disease or aggravation resulted in the death of the covered person or first resulted in the incapacity for work, or impairment of the covered person;
whichever happens first.
 (5) For the purposes of this instrument, the death of a covered person is taken to have resulted from a disease or an aggravation of a disease if, apart from that disease or aggravation, as the case may be, the death of the covered person would have occurred at a significantly later time.
 (6) For the purposes of this instrument, an incapacity for work or impairment of a covered person is taken to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be:
 (a) the incapacity or impairment would not have occurred; or
 (b) the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or
 (c) the extent of the incapacity or impairment would have been significantly less.