Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5q:p11
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5Q (pt 11/12)
Character Range: 232634–235204

a disease that would not have been contracted:
 (i) but for the rendering of that service by the person; or
 (ii) but for changes in the person's environment consequent upon his or her having rendered that service.

Definition of relates to service for aggravations and material contributions
 (1C) For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease relates to service rendered by a person if:
 (a) it resulted from an occurrence that happened while the person was rendering that service; or
 (b) it arose out of, or was attributable to, that service; or
 (c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
 (i) to a place for the purpose of performing duty; or
 (ii) away from a place of duty upon having ceased to perform duty; or
 (d) in the case of an aggravation of, or a material contribution to, an injury—it resulted from an accident that would not have occurred:
 (i) but for the rendering of that service by the person; or
 (ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
 (e) in the case of an aggravation of, or a material contribution to, a disease—it would not have occurred:
 (i) but for the rendering of that service by the person; or
 (ii) but for changes in the person's environment consequent upon his or her having rendered that service.
 (2) If:
 (a) a person's usual place of residence is in the remote area; and
 (b) the person is absent from the remote area for a period;
the person is to be taken to be physically present in the remote area during:
 (c) if the period does not exceed 8 weeks—the whole of that period; or
 (d) if the period exceeds 8 weeks—the first 8 weeks of that period.
Note: The rule set out in subsection (2) may be modified by a determination under subsection 5R(11) or 5R(12).
 (3) In determining whether a person has left Australia temporarily or otherwise, regard is to be had to the following:
 (a) the purpose for which the person left Australia;
 (b) the intended duration of the person's absence from Australia;
 (c) the frequency of the occasions on which the person has left Australia.
 (4) In determining whether a person is absent from Australia temporarily or otherwise, regard is to be had to the following:
 (a) the purpose of the absence;
 (b) the intended duration of the absence;
 (c) the frequency of such absences.
 (5) For the purposes of this Act, if under a provision of this