Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 23

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:

(a)   claims that an injury or disease is a service injury or disease that relates to peacetime service; and

(b)   all claims when determining whether a sign or symptom was aggravated etc.; and

(c)   all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part   4.

Acceptance of liability for aggravations etc. of injuries and diseases

  (4)   A reference in this section to acceptance of liability for an injury or disease is taken to include a reference to acceptance of liability for an aggravation of an injury or disease.

Note:   The definitions of injury and disease exclude aggravations (see section   5).