Document ID: chunk:federal_register_of_legislation:C2017C00337:section:8
Version: federal_register_of_legislation:C2017C00337
Segment Type: section
Provision Reference: s 8
Character Range: 13651–15200

8  Application of the MRCA to injuries, diseases and deaths etc. caused by certain treatment
 (1) The MRCA applies to an injury, disease or death if:
 (a) the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and
 (b) the injury, disease or death occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
 (c) the treatment is provided either:
 (i) on or after the commencement date; or
 (ii) before, and on or after, the commencement date.
 (2) The MRCA applies to an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, if:
 (a) the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and
 (b) the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
 (c) the treatment is provided either:
 (i) on or after the commencement date; or
 (ii) before, and on or after, the commencement date.
 (2A) Subsection (2) is subject to section 9.
Note: Section 9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.
 (3) To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.