Document ID: chunk:federal_register_of_legislation:C2024C00866:section:5d
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 5D
Character Range: 42257–44420

5D  Injury/disease definitions
 (1) In this Act, unless the contrary intention appears:
blinded in an eye has the meaning given by subsection (3).
disease means:
 (a) any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or
 (b) the recurrence of such an ailment, disorder, defect or morbid condition;
but does not include:
 (c) the aggravation of such an ailment, disorder, defect or morbid condition; or
 (d) a temporary departure from:
 (i) the normal physiological state; or
 (ii) the accepted ranges of physiological or biochemical measures;
  that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
incapacity from a defence‑caused injury or incapacity from a defence‑caused disease has the meaning given by subsection (2).
incapacity from a war‑caused injury or incapacity from a war‑caused disease has the meaning given by subsection (2).
injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
 (a) a disease; or
 (b) the aggravation of a physical or mental injury.

War‑caused injury; war‑caused disease; defence‑caused injury; defence‑caused disease
 (2) In this Act, unless the contrary intention appears:
 (a) a reference to the incapacity of a veteran from a war‑caused injury or a war‑caused disease; or
 (b) a reference to the incapacity of a person who is a member of the Forces, or a member of a Peacekeeping Force (as defined by subsection 68(1)), from a defence‑caused injury or a defence‑caused disease;
is a reference to the effects of that injury or disease and not a reference to the injury or disease itself.
Note: For war‑caused injury and war‑caused disease see section 9.

Blinded in an eye
 (3) For the purposes of this Act, a person is taken to have been blinded in an eye if:
 (a) the person has lost the eye; or
 (b) in the opinion of the Commission, the eyesight of the person in that eye is so defective that the person has no useful sight in that eye.