Document ID: chunk:federal_register_of_legislation:C2024C00587:section:33
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 33
Character Range: 96916–98655

33  Exclusions relating to reasonable counselling about performance etc.

Injuries or diseases resulting from reasonable counselling about performance etc.
 (1) The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if the injury or disease resulted from:
 (a) reasonable and appropriate counselling in relation to the person's performance as a member; or
 (b) a failure to obtain a promotion, transfer or benefit in relation to the person's service as a member.

Aggravations etc. of injuries or diseases resulting from reasonable counselling about performance etc.
 (2) The Commission must not accept liability for an injury sustained, or a disease contracted, by a member if:
 (a) the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
 (b) the material contribution or aggravation resulted from:
 (i) reasonable and appropriate counselling in relation to the person's performance as a member; or
 (ii) a failure to obtain a promotion, transfer or benefit in relation to the person's service as a member.

Aggravations etc. of signs and symptoms of injuries or diseases resulting from reasonable counselling about performance etc.
 (3) The Commission must not accept liability for an injury sustained, or a disease contracted, by a member if:
 (a) a sign or symptom of the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
 (b) the material contribution or aggravation resulted from:
 (i) reasonable and appropriate counselling in relation to the person's performance as a member; or
 (ii) a failure to obtain a promotion, transfer or benefit in relation to the person's service as a member.