Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For the purposes of subsection 302-195(3) of the Act, this section specifies the different circumstances in which a military or police person (the deceased person ) died in the line of duty.
Note 1: For military or police person , see section 995-1.01.
Note 2: However, if the deceased person died in a circumstance set out in section 302-195.02, the person has not died in the line of duty for the purposes of subsection 302-195(3) of the Act.
Note 3: This section is relevant for working out whether an individual is a death benefits dependant of a person under section 302-195 of the Act.
Performance of duties
(2) A circumstance is that the deceased person died while performing the duties of a military or police person.
(3) A circumstance is that:
(a) the deceased person was off duty at the time of the deceased person's death; and
(b) the deceased person's death occurred:
(i) in the course of an attempt to arrest a suspected offender; or
(ii) in the course of an attempt to prevent an offence; or
(iii) in the course of an attempt to rescue a person; or
(iv) while the deceased person was travelling to a place of work as a result of being recalled to duty.
Injury
(4) A circumstance is that the deceased person:
(a) died within 12 months after sustaining an injury; and
(b) died as a result of sustaining the injury; and
(c) sustained the injury while performing the duties of a military or police person.
(5) A circumstance is that the deceased person:
(a) was off duty at the time of sustaining an injury; and
(b) sustained the injury:
(i) in the course of an attempt to arrest a suspected offender; or
(ii) in the course of an attempt to prevent an offence; or
(iii) in the course of an attempt to rescue a person; or
(iv) while the deceased person was travelling to a place of work as a result of being recalled to duty; and
(c) died within 12 months after sustaining the injury; and
(d) died as a result of sustaining the injury.
Overseas service
(6) A circumstance is that the deceased person:
(a) was a member of the Defence Force; and
(b) died while serving overseas, if the service was:
(i) warlike service mentioned in paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004 ; or
(ii) non-warlike service mentioned in paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004 .
(7) A circumstance is that the deceased person:
(a) was a member of the Australian Federal Police or a protective service officer within the meaning of the Australian Federal Police Act 1979 ; and
(b) died while serving overseas, if the service was:
(i) at a place specified in a determination under subsection 40H(1) of the Australian Federal Police Act 1979 ; and
(ii) on a peace-keeping or capacity-building mission.
(8) A circumstance is that the deceased person:
(a) was a member of a State or Territory police force; and
(b) died while serving overseas, if the service was:
(i) undertaken as a special member of the Australian Federal Police under section 40E of the Australian Federal Police Act 1979 ; and
(ii) on a peace-keeping or capacity-building mission.
Consequences of duties
(9) A circumstance is that, as a result of action taken because the deceased person was a military or police person, the deceased person sustained an injury from which the deceased person died:
(a) immediately; or
(b) within 12 months after sustaining the injury.
Example: The deceased person was killed in retaliation for an action taken in the deceased person's capacity as a member of a State or Territory police force.
Uncertainty about circumstances of death
(10) A circumstance is that:
(a) the deceased person has died in a circumstance in any of subsections (2) to (9); and
(b) it is not certain, after reasonable inquiry, whether the deceased person has died in a circumstance specified in section 302-195.02.
Interpretation
(11) For the purposes of this section and section 302-195.02, the time when a person is off duty includes a time when the person is:
(a) travelling to or from the person's place of work; or
(b) on a rostered day off work; or
(c) on leave from work.