Document ID: chunk:federal_register_of_legislation:C2024C00587:section:34
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 34
Character Range: 98655–100447

34  Exclusions of injuries, diseases and deaths relating to certain false representations

Injuries or diseases
 (1) The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.

Aggravations etc. of injuries or diseases
 (2) The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if:
 (a) the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
 (b) the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.

Aggravations etc. of signs and symptoms of injuries or diseases
 (3) The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, 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 person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.

Deaths
 (4) The Commission must not accept liability for the death of a person if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from the injury or disease that resulted in his or her death.