Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 226

Compensation for loss of, or damage to, medical aids

  (1)   The Commonwealth is liable to pay compensation for the loss of, or damage to, a member's medical aid if:

  (a)   the loss or damage results from an occurrence that happened while the member was rendering defence service; and

  (b)   the loss or damage requires the medical aid to be repaired or replaced; and

  (c)   a claim for acceptance of liability for the loss or damage, and a claim for compensation in respect of the member, has been made under section   319.

Exclusions

  (2)   However, the Commonwealth is not liable to pay compensation for the loss or damage if:

  (a)   a claim for the Commission to accept liability for a service injury, disease or death resulting from the occurrence has been made under section   319; or

  (b)   one or more of the exclusions in sections   227 and 228 applies in respect of the loss or damage, or in respect of the occurrence that resulted in the loss or damage.

  (3)   The Commonwealth is not liable to pay compensation for the loss or damage to the extent that the medical aid is repaired or replaced by the Commonwealth (other than under this section).


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