Document ID: chunk:federal_register_of_legislation:F2024C01248:reg:6:p4
Version: federal_register_of_legislation:F2024C01248
Segment Type: reg
Provision Reference: reg 6 (pt 4/21)
Character Range: 134358–137052

recalled to duty.

Injury
 (4) A circumstance is that the deceased person:
 (a) died within 12 months after sustaining an injury; and
 (b) died as a result of sustaining the injury; and
 (c) sustained the injury while performing the duties of a military or police person.
 (5) A circumstance is that the deceased person:
 (a) was off duty at the time of sustaining an injury; and
 (b) sustained the injury:
 (i) in the course of an attempt to arrest a suspected offender; or
 (ii) in the course of an attempt to prevent an offence; or
 (iii) in the course of an attempt to rescue a person; or
 (iv) while the deceased person was travelling to a place of work as a result of being recalled to duty; and
 (c) died within 12 months after sustaining the injury; and
 (d) died as a result of sustaining the injury.

Overseas service
 (6) A circumstance is that the deceased person:
 (a) was a member of the Defence Force; and
 (b) died while serving overseas, if the service was:
 (i) warlike service mentioned in paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004; or
 (ii) non‑warlike service mentioned in paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004.
 (7) A circumstance is that the deceased person:
 (a) was a member of the Australian Federal Police or a protective service officer within the meaning of the Australian Federal Police Act 1979; and
 (b) died while serving overseas, if the service was:
 (i) at a place specified in a determination under subsection 40H(1) of the Australian Federal Police Act 1979; and
 (ii) on a peace‑keeping or capacity‑building mission.
 (8) A circumstance is that the deceased person:
 (a) was a member of a State or Territory police force; and
 (b) died while serving overseas, if the service was:
 (i) undertaken as a special member of the Australian Federal Police under section 40E of the Australian Federal Police Act 1979; and
 (ii) on a peace‑keeping or capacity‑building mission.

Consequences of duties
 (9) A circumstance is that, as a result of action taken because the deceased person was a military or police person, the deceased person sustained an injury from which the deceased person died:
 (a) immediately; or
 (b) within 12 months after sustaining the injury.
Example: The deceased person was killed in retaliation for an action taken in the deceased person's capacity as a member of a State or Territory police force.

Uncertainty about circumstances of death
 (10) A circumstance is that:
 (a) the deceased person has died in a circumstance in any of subsections (2) to (9); and
 (b) it is not certain, after reasonable inquiry, whether the deceased person has died in a circumstance