Commonwealth Numbered ActsA condition for most benefits under this Act is that the Commission has
accepted liability for an injury, disease or death. The Commission accepts
liability if there is some connection between the injury, disease or death and
defence service.
The process for deciding whether to accept liability is as
follows:
(a) first, a person makes a claim under section 319 for
acceptance of liability for an injury, disease or death (the rules for making
claims are found in Chapter 7);
(b) then, the Commission decides whether the injury, disease or death is a
service injury, disease or death under Part 3;
(c) then, the Commission decides whether it is prevented from accepting
liability for the injury, disease or death because of an exclusion
under Part 4 (for example, because the injury, disease or death
resulted from a serious default or a wilful act).
The Commission must
accept liability if the injury, disease or death is a service injury,
disease or death, and none of the exclusions in Part 4 apply.
The effect of this Chapter in respect of cadets and declared members
might be modified by the regulations (see section 439).