Exclusions of injuries, diseases and deaths relating to certain false representations
34 Exclusions of injuries, diseases and deaths relating to certain false representations
Injuries or diseases
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Aggravations etc. of injuries or diseases
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if:
the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Aggravations etc. of signs and symptoms of injuries or diseases
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if:
a sign or symptom of the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Deaths
The Commission must not accept liability for the death of a person if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from the injury or disease that resulted in his or her death.
This Act’s bill:Explanatory memorandumSecond reading speech
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