Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Aboriginal study assistance scheme" : see subsection 5F(1).
"accommodation bond" : see subsection 5L(1).
"accommodation bond balance" : see subsection 5L(1).
"accommodation charge" : see subsection 5L(1).
"account" , in relation to a financial institution, means the account maintained by a person with the institution to which is credited money received on deposit by the institution from that person.
"acting commissioner" : see section 5A.
"Acting Deputy President" : see section 5A.
"Acting President" : see section 5A.
"actual market exchange rate" in relation to a foreign currency, means the on - demand airmail buying rate in relation to that foreign currency available at the Commonwealth Bank of Australia.
"actual value" : see subsection 5MC(4).
"adjusted income" : see subsection 5H(1).
"adopted child" : see subsection 5F(1).
"advance payment eligible amount" , for a person, means:
(a) if the person is receiving a service pension worked out under subpoint SCH6 - A1(2) of Schedule 6--the sum of the following amounts:
(i) the person's maximum basic rate;
(ii) the amount (if any) by which the person's pension supplement amount exceeds the person's minimum pension supplement amount; or
(b) otherwise--the result of paragraph (a) worked out as if the person were receiving a service pension worked out under subpoint SCH6 - A1(2) of Schedule 6.
"aged care resident" : see subsection 5NC(5).
"allied country" : see subsection 5C(1).
"allied mariner" : see subsection 5C(1).
"allied veteran" : see subsections 5C(1) and 5R(2).
"allotted for duty" in an operational area: see subsection 5B(2).
"amount of rent paid or payable" : see subsections 5N(6) and (7).
"approved deposit fund" : see subsection 5J(1).
"approved exchange trading system" : see subsection 5H(11).
"Approved Guide to the Assessment of Rates of Veterans' Pensions" : see subsection 29(3).
"asset" : see subsections 5L(1), (3B), (3BA), (3C) and (3D).
"asset-tested income stream (long term)" : see subsection 5J(1).
"asset-tested income stream (short term)" : see subsection 5J(1).
"asset-test exempt income stream" : see sections 5JA, 5JB, 5JBA and 5JBB.
"ATO small superannuation account" : see subsection 5J(1).
"Australia" , when used in a geographical sense, includes the external Territories for the purposes of Parts III, IIIA, IIIAA and IIIAB, Subdivision E of Division 11 of Part IIIB, sections 52ZO and 58A, Parts IIID, IIIE, VIB, VIIA, VIIAD and VIIC, section 132 and Schedule 6.
"Australian mariner" : see subsection 5C(1).
"Australian resident" : see section 5G.
"austudy payment" has the meaning given by the Social Security Act 1991 .
"available money" : see subsection 5H(1).
"average weekly earnings" in relation to a lump sum preclusion period: see subsection 5NB(1).
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit - taking institution) for the purposes of the Banking Act 1959 .
"blinded in an eye" : see subsection 5D(3).
"Board" means the Veterans' Review Board continued in existence by section 134.
"board" when used in the expression board and lodging : see subsection 5N(1).
"British nuclear test defence service" : see subsection 68(1).
"Chairperson" : see subsection 5AB(1).
"child" : see subsection 5F(1).
"child of a veteran" or child of a deceased veteran : see section 10.
"clean energy bonus" under an Act or scheme means any of the following that is provided for by the Act or scheme:
(b) a payment known as an energy supplement or a quarterly energy supplement;
(c) an increase that is described using the phrase "energy supplement" and affects the rate of another payment that is provided for by the Act or scheme.
"clean energy payment" means:
(b) any of the following:
(i) energy supplement under section 62A (for pension under Part II or IV at a rate determined under or by reference to Division 4 of Part II);
(ii) energy supplement under section 62B (for pension under Part II or IV at a rate determined under or by reference to subsection 30(1));
(iii) quarterly energy supplement for service pension; or
(c) an essential medical equipment payment.
"clean energy underlying payment" means:
(a) a pension under Part II or IV at a rate determined under or by reference to Division 4 of Part II; or
(b) a pension under Part II or IV at a rate determined under or by reference to subsection 30(1); or
(c) service pension; or
(d) seniors supplement.
"combined couple rate of minimum pension supplement" : see subsection 5GA(2).
"combined couple rate of pension supplement" : see subsection 5GA(1).
"commencement day" in relation to an income stream: see subsection 5J(1).
"Commission" : see section 5A.
"commissioner" : see section 5A.
"Commonwealth country" : see subsection 5C(1).
"Commonwealth veteran" : see subsection 5C(1).
"comparable foreign pension" means a payment that is:
(a) available from a foreign country; and
(b) similar to a service pension, income support supplement, a veteran payment or a social security pension.
"compensation" : see subsection 5NB(2) and section 59O.
"compensation affected pension" : see subsection 5NB(1).
"compensation part " in relation to a lump sum compensation payment: see subsection 5NB(1).
"compensation payer" : see subsection 5NB(1).
"continuous full-time service" : see subsections 5C(1) and 5R(1).
"Convener" : see subsection 5AB(1).
"councillor" : see subsection 5AB(1).
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"CTPA" means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .
"current figure" : see subsection 5NA(1).
"daily accommodation contribution" : see subsection 5L(1).
"daily accommodation payment" : see subsection 5L(1).
"decision" includes a determination and an assessment.
"deductible amount" in relation to a defined benefit income stream for a year: see subsection 5J(1).
"de facto relationship" : see section 11A.
"defence-caused death" : see sections 70 and 71.
"defence-caused disease" : see sections 70 and 71.
"defence-caused injury" : see sections 70 and 71.
"Defence Force" : see subsection 5C(1).
"defence force established by a Commonwealth country" : see subsection 5C(1).
"defence force established by an allied country" : see subsections 5C(1) and (3) and 5R(2).
"Defence Minister" has the meaning given by the Military Rehabilitation and Compensation Act 2004 .
"defence service" : see subsection 68(1).
"deferred payment amount" in relation to a sale leaseback agreement: see subsections 5MB(6), (7) and (8).
"defined benefit income stream" : see subsection 5J(1E).
"dependant" in relation to a veteran (including a veteran who has died): see section 11.
"dependent child" : see subsections 5F(1) and (2).
"deposit money" : see subsection 5H(1).
"deprived asset" : see subsection 5J(2B).
"Deputy President" : see section 5A.
"disability expenses maintenance" : see section 5K.
"disease" : see subsection 5D(1).
"disposes of assets" : see subsection 5L(10) and section 52E.
"disposes of ordinary income" : see section 48.
"domestic payment" : see subsection 5H(3).
"domiciled" has a meaning affected by section 11B.
"earned, derived or received" : see subsection 5H(2).
"eligible civilian" : see subsection 5C(1).
"eligible war service" : see section 7.
"EMEP residence" has the meaning given by section 63A.
"enemy" : see subsection 5C(1).
"energy supplement" means:
(a) energy supplement payable under section 62A (for pension under Part II or IV at a rate determined under or by reference to Division 4 of Part II); or
(b) energy supplement payable under section 62B (for pension under Part II or IV at a rate determined under or by reference to subsection 30(1)); or
(c) energy supplement added to a person's maximum basic rate of service pension under the Rate Calculator.
"entry contribution" in relation to a special resident: see section 52M.
"essential medical equipment payment" has the meaning given by section 63A.
"event that gives rise to a person's entitlement to compensation" : see subsection 5NB(11).
"exchange trading system" : see subsection 5H(10).
"exempt funeral investment" has the meaning given by section 5PC.
"exempt lump sum" : see subsections 5H(12) and (12A).
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999 .
"family law affected income stream" : see section 5JC.
"family member" : see subsection 5L(1).
"family tax benefit" : see subsection 5F(1).
"financial asset" : see subsection 5J(1).
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"financial investment" : see subsections 5J(1) and (2C).
"fishing operations" : see subsection 5L(1).
"fishing vessel" : see subsection 5C(1).
"foreign exchange period" means:
(a) the period commencing 20 September and ending on the day before the pension payday that falls closest to the middle of the 6 month period commencing 20 September; and
(b) the period starting from the pension payday referred to in paragraph (a) and ending on 19 March; and
(c) the period commencing 20 March and ending on the day before the pension payday that falls closest to the middle of a 6 month period commencing 20 March; and
(d) the period starting from the pension payday referred to in paragraph (c) and ending on 19 September.
"foreign superannuation fund" : see subsection 5L(1).
"foreign superannuation pension" : see subsection 5L(1).
"forest operations" : see subsection 5L(1).
"former refugee" : see subsection 5C(1).
"friendly society" : see subsection 5J(1).
"FTB child" : see subsection 5F(1).
"funeral investment" : see subsection 5PC(3).
"general rate" means the maximum rate per fortnight specified in subsection 22(3).
"governing rules" in relation to an income stream: see subsection 5J(1).
"government-in-exile" : see subsection 5C(1).
"Government rent" : see subsections 5N(1), (4) and (5).
"granny flat interest" : see subsection 5MA(2).
"granny flat resident" : see subsection 5MA(3).
"hazardous service" : see subsection 68(1).
"holder" in relation to a visa: see subsection 5G(1).
"holder of a seniors health card" : see subsection 5PB(2).
"home equity conversion agreement" : see subsections 5H(1) and (7).
"illness separated couple" : see subsection 5R(5).
"immediate family member" , of a person, means an individual:
(a) who is a natural parent, adoptive parent or step - parent of the person; or
(ab) who is the person's parent because of subsection 10A(1); or
(b) who is, or was when the person was under 18 years of age, a legal guardian of the person; or
(c) who is a grandparent of the person; or
(d) who is a sibling of the person.
"in a care situation" : see subsection 5NC(2).
"incapacity from a defence-caused disease" : see subsection 5D(2).
"incapacity from a defence-caused injury" : see subsection 5D(2).
"incapacity from a war-caused disease" : see subsection 5D(2).
"incapacity from a war-caused injury" : see subsection 5D(2).
"incentive allowance" has the meaning that was given to that expression by the Social Security Act 1991 as in force immediately before 12 November 1991.
"income" : see subsection 5H(1).
"income amount" : see subsection 5H(1).
"income stream" : see subsections 5J(1) and (1F).
" Income Tax Assessment Act" means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 .
"income year" has the meaning given by the Income Tax Assessment Act 1997 .
"index number" : see subsections 5NA(1), (2) and (3).
"ineligible property owner" : see subsection 5N(1).
"in gaol" : see subsection 55(4).
"initial payment amount" in relation to a sale leaseback agreement: see subsections 5MB(4) and (5).
"injury" : see subsection 5D(1).
"in respite care" : see subsection 5NC(8).
"instalment of parental leave pay" : see subsection 5H(1).
"insurer who is, under a contract of insurance, liable to indemnify" : see subsection 5NB(12).
"investment" :
(a) in relation to a superannuation fund or approved deposit fund--see subsection 5J(6); or
(b) in relation to an ATO small superannuation account--see subsection 5J(6A).
"investor" in relation to an ATO small superannuation account: see subsection 5J(1).
"joint ownership" includes ownership as joint tenants or tenants in common.
"life expectancy" : see subsection 5J(1).
"listed security" : see subsection 5J(1).
"loan" : see subsections 5J(2) and (2A).
"lump sum preclusion period" : see subsections 59Q(3) to (8).
"maintenance" : see section 5K.
"maintenance income" : see section 5K.
"managed investment" : see subsections 5J(1A), (1B) and (1C).
"maximum Part A rate of family tax benefit" : see subsection 5F(1).
"medical equipment" has the meaning given by section 63A.
"member" : see subsection 5AB(1).
"member of a couple" : see subsections 5E(2), (3), (4) and (4A) and 5R(3).
"member of an ordinary couple with different principal homes" : see subsection 5M(2).
"member of a Peacekeeping Force" : see subsection 68(1).
"member of a unit of the Defence Force" : see subsections 5C(1) and 5R(1).
"member of the Defence Force" : see subsections 5C(1) and (2).
"member of the Forces" : see subsection 68(1).
"member of the Interim Forces" : see subsection 5C(1).
"military invalidity pension income stream" : see subsection 5J(1EA).
" Military Rehabilitation and Compensation Act Education and Training Scheme" means the scheme determined under section 258 of the Military Rehabilitation and Compensation Act 2004 .
"Military Rehabilitation and Compensation Commission" means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA.
"minimum pension supplement amount" : see subsection 5GA(3).
"MRCA" means the Military Rehabilitation and Compensation Act 2004 .
"MRCA commencement date" means the date on which section 3 of the MRCA commences.
"NDIS amount" has the same meaning as in the National Disability Insurance Scheme Act 2013 .
"NDIS participant" means a participant within the meaning of the National Disability Insurance Scheme Act 2013 .
"NDIS plan" means a plan, for an NDIS participant, within the meaning of the National Disability Insurance Scheme Act 2013.
"non-illness separated spouse" : see subsection 5E(1).
"non-warlike service" : see subsection 5C(1).
"operational area" : see subsection 5B(1).
"operational service" : see sections 6 to 6F.
"ordinary income" : see subsection 5H(1) and section 46.
"organisation representing veterans" means:
(a) an organisation:
(i) whose members include veterans throughout the Commonwealth; and
(ii) whose objects include that of representing veterans throughout the Commonwealth; or
(b) an organisation:
(i) whose members include persons throughout the Commonwealth who are receiving or eligible to receive pensions under Part II as dependants of veterans; and
(ii) whose objects include that of representing those persons throughout the Commonwealth.
"original family law affected income stream" : see section 5JC.
"parent" : see section 10A.
"partner" : see subsection 5E(1).
"partnered" : see paragraph 5E(5)(a).
"partnered (partner getting benefit)" : see paragraph 5E(5)(e).
"partnered (partner getting neither pension nor benefit)" : see paragraph 5E(5)(b).
"partnered (partner getting pension)" : see paragraph 5E(5)(d).
"partnered (partner getting pension or benefit)" : see paragraph 5E(5)(c).
"peacekeeping service" : see subsection 68(1).
"pension" , in Parts IIIA, IIIAB, IIIB and IIIC, section 122B and Schedule 6, includes income support supplement.
"pension age" :
(a) in relation to a veteran--has the meaning given by section 5QA; or
(b) in relation to a person other than a veteran--has the meaning given by section 5QB.
Note: The qualifying age for income support supplement is separately provided for (see section 5Q).
"pension bonus" means pension bonus under Part IIIAB (and does not include pension bonus bereavement payment under Division 11A of that Part).
"pension bonus bereavement payment" means a pension bonus bereavement payment under Division 11A of Part IIIAB.
"pension payday" means:
(a) the Thursday falling on 11 July 1991; and
(b) each succeeding alternate Thursday.
Note: Part of an instalment of a pension may be paid on a different day if a determination is in force under subsection 58(3A) or 121(5A) (about weekly payments of pension instalments).
"pension period" means a period of 2 weeks that:
(a) starts 2 days before the beginning of a pension payday; and
(b) ends 2 days before the beginning of the next pension payday.
"pension supplement amount" , for a person:
(a) whose rate of service pension is worked out under subpoint SCH6 - A1(2) or (3) of Schedule 6 or whose rate of veteran payment is worked out under subpoint SCH6 - A1(8) or (9) of Schedule 6; or
(b) whose rate of service pension is worked out under subpoint SCH6 - A1(4) of Schedule 6 and is the provisional rate worked out under that subpoint;
means the amount worked out and added under the pension supplement Module of the Rate Calculator.
"pension supplement basic amount" : see subsection 5GA(4).
"pension year" : see subsections 5L(9) and (9A).
"periodic amount" : see subsection 5H(13).
"periodic payments period" : see subsection 5NB(1).
"period of hostilities" : see subsection 5B(1).
"permanent visa" : see subsection 5G(1).
"personally providing community-based care" : see subsection 5NC(4).
"person with medical needs" has the meaning given by section 63A.
"physically present in a remote area" has the meaning given by subsection (2).
"port" includes airport.
"potential compensation payer" : see subsection 5NB(1).
"President" : see section 5A.
"primary FLA income stream" : see section 5JC.
"primary producer" : see subsection 5L(1).
"primary production" : see subsection 5L(1).
"principal beneficiary" , of a special disability trust, has the meaning given by subsection 52ZZZWA(1).
"principal home" : see section 5LA.
"prohibited relationship" : see subsections 5E(6) and (7).
"property owner" : see subsection 5L(4).
"psychiatric confinement" : see subsections 55(5) and (6).
"public unit trust" : see subsection 5J(1).
"purchase price" in relation to an income stream: see subsection 5J(1).
"qualifying age" for a person means:
(a) if the person is a veteran--the pension age for that person; or
(b) if the person is not a veteran--the age that would be the pension age for that person if he or she were a veteran.
"qualifying service" : see section 7A.
"quarterly energy supplement" for service pension means the separate payment described in section 62E.
"quarterly pension supplement" means the separate payment described in subsection 60A(1).
"Rate Calculator" means the Rate Calculator in Part 2 of Schedule 6.
"reasonable security of tenure" : see subsection 5LA(10).
"receives compensation" : see subsection 5NB(10).
"receiving community-based care" : see subsection 5NC(3).
"recoverable amount" has the meaning given by subsection 205(8).
"refugee" : see subsection 5C(4).
"refundable deposit" : see subsection 5L(1).
"refundable deposit balance" : see subsection 5L(1).
"registered medical practitioner" : see subsection 5AB(1).
"regular care child" : see subsection 5F(1).
"reinstated pensioner" : see section 11AA.
"relates to service" : see subsections (1B) and (1C).
"relevant number" in relation to an income stream: see subsection 5J(1).
"remote area" means:
(a) those parts of Australia referred to in Part I of Schedule 2 to the Income Tax Assessment Act; and
(aa) those parts of Australia referred to in Part II of that Schedule to that Act that are further than 250 kilometres by the shortest practicable surface route from the nearest urban centre with a census population (within the meaning of that Act) of 2,500 or more; and
(ab) those places in Australia that, for the purposes of that Act, are treated as if they were in a part of Australia referred to in paragraph (a) or (aa).
"remunerative work" includes any remunerative activity.
"rent" : see section 5N.
"Repatriation Pharmaceutical Benefits Scheme" : see subsection 91(3).
"Repatriation Private Patient Principles" : see subsection 90A(4).
"residential care charge" : see subsection 5N(1).
"residual capital value" in relation to an income stream: see subsections 5J(1) and (9).
"respite care couple" : see subsection 5R(6).
"retirement age" :
(a) in relation to a person who is a war widow or a war widower but is not a veteran--means the age that would be the pension age for that person if he or she were a veteran; or
(b) in relation to any other person--means the pension age for that person.
"retirement savings account" : see subsection 5J(1).
"retirement village" : see subsections 5M(3) and (4).
"retirement village resident" : see subsection 5M(5).
"return" :
(a) in relation to an ATO small superannuation account--see subsection 5J(1); or
(c) in relation to any other investment (including an investment in the nature of superannuation)--see subsection 5J(1).
"Review Council" : see subsection 5AB(1).
"sale leaseback agreement" : see subsections 5MB(2) and (3).
"sale leaseback home" : see subsection 5MB(9).
"sale leaseback resident" : see subsections 5MB(10) and (11).
"secondary FLA income stream" : see subsection 5J(1).
"Secretary" means the Secretary of the Department.
self-employment program means:
(a) the scheme known as the New Enterprise Incentive Scheme; or
(b) the program known as:
(i) the Self - Employment Assistance program; or
(ii) if the Self - Employment Assistance program is known by another name--that other name.
Note: For the purposes of subparagraph (b)(ii), if the name of the Self - Employment Assistance program changes, notice must be given of that change (see subsection 23(25) of the Social Security Act).
"service pension" means:
(a) an age service pension; or
(b) an invalidity service pension; or
(c) a partner service pension.
"service pensioner" means a person who is receiving a service pension.
"sibling" , of a person, except for the purposes of sections 123 to 123E, includes a half - brother, half - sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster - brother or foster - sister of the person.
Note: For the meaning of sibling in sections 123 to 123E, see subsection 123(1).
" Social Security Act" means the Social Security Act 1991 .
"social security benefit" has the same meaning as it has in the Social Security Act.
"social security law" has the same meaning as in the Social Security Act.
"social security payment" has the same meaning as in the Social Security Act.
"social security pension" has the same meaning as it has in the Social Security Act.
"sound medical-scientific evidence" in relation to a particular kind of injury, disease or death: see subsection 5AB(2).
"special category visa" : see subsection 5G(1).
"special disability trust" has the meaning given by section 52ZZZW.
"special mission" : see subsection 5C(1).
"special purpose visa" : see subsection 5G(1).
"special residence" : see subsection 5MC(2).
"special resident" : see subsection 5MC(3).
"step-child" : see subsection 5F(1).
"step-parent" : see subsection 5F(1).
"superannuation benefit" : see subsection 5J(1).
"superannuation contributions surcharge" : see subsection 5J(1).
"superannuation fund" : see subsection 5J(1).
"tax-exempt pension supplement" : see subsections 5GA(5) and (6).
"tax file number" has the same meaning as in Part VA of the Income Tax Assessment Act 1936 .
"tax year" means:
(a) a year of income (within the meaning of the Income Tax Assessment Act 1936 ); or
(b) an income year.
"temporarily" , in relation to a departure or absence from Australia, has a meaning affected by subsection (3) or (4), as the case requires.
"tobacco product" means:
(a) tobacco (in any form); or
(b) any product that:
(i) contains tobacco as its main or a substantial ingredient; and
(ii) is not included in the Australian Register of Therapeutic Goods kept under the Therapeutic Goods Act 1989 .
"Treatment Principles" : see subsection 90(4).
"unit of the Defence Force" : see subsection 5C(1).
"unlisted public security" : see subsection 5J(1).
"unrealisable asset" : see subsections 5L(11) and (12).
"use" , in relation to a tobacco product, includes smoke, chew or inhale.
"value of a charge or encumbrance on an asset" : see subsection 5L(3).
"value of a liability" : see subsection 5L(3A).
"value of a particular asset" : see subsection 5L(2).
"Vehicle Assistance Scheme" : see subsection 105(9).
"veteran" : see subsection 5C(1).
"veteran payment" means a veteran payment made under an instrument made under section 45SB.
"Veterans' Children Education Scheme" : see subsection 117(7).
"Veterans' Vocational Rehabilitation Scheme" : see subsection 115B(7).
"war-caused death" : see sections 8 and 9A.
"war-caused disease" : see sections 9 and 9A.
"war-caused injury" : see sections 9 and 9A.
"warlike service" : see subsection 5C(1).
"war to which this Act applies" : see subsection 5B(1).
"war widow" : see subsection 5E(1).
"war widower" : see subsection 5E(1).
"war widow/war widower--pensioner" means:
(a) a person who is receiving a pension under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(b) a person who is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or who has received a lump sum mentioned in subsection 236(5) of the MRCA.
"wholly dependent partner" : see subsection 5E(1).
"widow" : see subsection 5E(1).
"widower" : see subsection 5E(1).
"World War 1" : see subsections 5B(1) and (3).
"World War 2" : see subsections 5B(1) and (3).
"youth allowance" has the meaning given by the Social Security Act 1991 .
(1A) In Parts VIII, XI and XIA, unless the contrary intention appears:
"British nuclear test defence service" has the same meaning as in Part IV.
"defence service" has the same meaning as in Part IV.
"hazardous service" , in relation to a member of the Forces, has the same meaning as in section 120.
"member of a Peacekeeping Force" has the same meaning as in Part IV.
"member of the Forces" has the same meaning as in Part IV.
"peacekeeping service" has the same meaning as in Part IV.
Definition of relates to service for injuries, diseases and deaths
(1B) For the purposes of this Act, an injury, disease or death relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(f) in the case of a death of a person--it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
Definition of relates to service for aggravations and material contributions
(1C) For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease relates to service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i) to a place for the purpose of performing duty; or
(ii) away from a place of duty upon having ceased to perform duty; or
(d) in the case of an aggravation of, or a material contribution to, an injury--it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service; or
(e) in the case of an aggravation of, or a material contribution to, a disease--it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person's environment consequent upon his or her having rendered that service.
(2) If:
(a) a person's usual place of residence is in the remote area; and
(b) the person is absent from the remote area for a period;
the person is to be taken to be physically present in the remote area during:
(c) if the period does not exceed 8 weeks--the whole of that period; or
(d) if the period exceeds 8 weeks--the first 8 weeks of that period.
Note: The rule set out in subsection (2) may be modified by a determination under subsection 5R(11) or 5R(12).
(3) In determining whether a person has left Australia temporarily or otherwise, regard is to be had to the following:
(a) the purpose for which the person left Australia;
(b) the intended duration of the person's absence from Australia;
(c) the frequency of the occasions on which the person has left Australia.
(4) In determining whether a person is absent from Australia temporarily or otherwise, regard is to be had to the following:
(a) the purpose of the absence;
(b) the intended duration of the absence;
(c) the frequency of such absences.
(5) For the purposes of this Act, if under a provision of this Act one person is the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 , relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
Note: Paragraph 10(1)(b) and paragraph (b) of the definition of child in section 52ZO are examples of provisions under which one person may be the child of another person because the person is a child of the other person within the meaning of the Family Law Act 1975 .
(6) Subsection (5) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 5E(6). However, this does not prevent expressions used in subsection 5E(6) from having their ordinary meaning.