Document ID: chunk:federal_register_of_legislation:C2024C00866:section:8:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 8 (pt 1/3)
Character Range: 280452–283021

8  War‑caused death
 (1) Subject to this section and section 9A, for the purposes of this Act, the death of a veteran shall be taken to have been war‑caused if:
 (a) the death of the veteran resulted from an occurrence that happened while the veteran was rendering operational service;
 (b) the death of the veteran arose out of, or was attributable to, any eligible war service rendered by the veteran;
 (c) the death of the veteran resulted from an accident that occurred while the veteran was travelling, while rendering eligible war service but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place of duty upon having ceased to perform duty;
 (d) in the opinion of the Commission, the death of the veteran was due to an accident that would not have occurred, or to a disease that would not have been contracted, but for his or her having rendered eligible war service or but for changes in the veteran's environment consequent upon his or her having rendered eligible war service; or
 (e) the injury or disease from which the veteran died:
 (i) was suffered or contracted while the veteran was rendering eligible war service, but did not arise out of that service; or
 (ii) was suffered or contracted before the commencement of the period, or last period, of eligible war service rendered by the veteran, but not while the veteran was rendering eligible war service;
  and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, any eligible war service rendered by the veteran, being service rendered after the veteran suffered that injury or contracted that disease; or
 (f) the injury or disease from which the veteran died is an injury or disease that has been determined in accordance with section 9 to have been a war‑caused injury or a war‑caused disease, as the case may be;
Note: The effect of paragraph (f) is that, if the veteran has died from an injury or disease that has already been determined by the Commission to be war‑caused, the death is to be taken to have been war‑caused. Accordingly the Commission is not required to relate the death to eligible war service rendered by the veteran and sections 120A and 120B do not apply.
but not otherwise.
 (2) Paragraph (1)(a), (b), (c) or (d) does not apply to the death of a veteran if the death:
 (a) resulted from the veteran's serious default or wilful act; or
 (b) arose from:
 (i) a serious breach of discipline committed by the veteran; or
 (ii) an occurrence that