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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 31

Simplified outline of this Part

Even if the Commission decides that an injury, disease or death is a service injury, disease or death, the Commission might be prevented from accepting liability for that injury, disease or death because of an exclusion under this Part.

There are 5 kinds of exclusions. They relate to the following:

               (a)     serious defaults or wilful acts etc.;

              (b)     reasonable counselling about a person's performance as a member;

               (c)     false representations;

              (d)     travel during peacetime service;

               (e)     the use of tobacco products.

The Commission applies the standard of proof mentioned in subsection 335(3) in deciding whether the exclusions apply.



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