Document ID: chunk:federal_register_of_legislation:C2024C00587:section:23:p1
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 23 (pt 1/2)
Character Range: 77733–80483

23  Commission's acceptance of liability for service injuries and diseases

When Commission must accept liability for service injuries and diseases
 (1) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
 (a) the person's injury or disease is a service injury or disease under section 27; and
 (b) the Commission is not prevented from accepting liability for the injury or disease by Part 4; and
 (c) a claim for acceptance of liability for the injury or disease has been made under section 319.
Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.
Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:
(a) claims that the injury or disease is a service injury or disease that relates to peacetime service;
(b) all claims when determining whether a person sustained a particular injury or contracted a particular disease;
(c) all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part 4.

When Commission must accept liability for service injuries and diseases arising from Commonwealth treatment
 (2) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
 (a) the person's injury or disease is a service injury or disease under section 29 (arising from treatment provided by the Commonwealth); and
 (b) a claim for acceptance of liability for the injury or disease has been made under section 319.
Note: The standard of proof mentioned in subsection 335(3) applies to all claims:
(a) that an injury or disease is a service injury or disease under section 29; and
(b) when determining whether a person sustained a particular injury or contracted a particular disease.

When Commission must accept liability for service injuries and diseases arising from aggravations of signs and symptoms
 (3) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
 (a) the person's injury or disease is a service injury or disease under section 30 (aggravations etc. of signs and symptoms); and
 (b) the Commission is not prevented from accepting liability for the injury or disease by Part 4; and
 (c) a claim for acceptance of liability for the injury or disease has been made under section 319.
Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.
Note 2: The standard of proof mentioned in subsection 335(3) applies to the following: