When Commission must accept liability for service deaths

(1)

The Commission must accept liability for the death of a person if:

(a) the person's death is a service death under section 28; and
(b) the Commission is not prevented from accepting liability for the death by subsection 34(4) or section 35 or 36; and
(c) a claim for acceptance of liability for the death has been made under section 319.

Note 1: The standard of proof mentioned in subsections 335(1) and

(2)

applies to claims that the death is a service death that relates to warlike or non-warlike service.

Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:

(a) claims that the death is a service death that relates to peacetime service;
(b) all claims when determining whether a person sustained or contracted a particular injury or disease;
(c) all claims when determining the cause of a person's death;
(d) all claims when determining whether the Commission is prevented from accepting liability for the death by subsection 34(4) or section 35 or 36.

When Commission must accept liability for service deaths arising from Commonwealth treatment

(2)

The Commission must accept liability for the death of a person if:

(a) the person's death is a service death under section 29 (service death arising from treatment provided by the Commonwealth); and
(b) a claim for acceptance of liability for the death has been made under section 319.

Note: The standard of proof mentioned in subsection 335(3) applies to all claims:

(a) that a death is a service death under section 29; and
(b) when determining the cause of a person's death.

Commission must accept liability for deaths after being prevented from accepting liability for the injury or disease that resulted in the death

(3)

To avoid doubt, the Commission must accept liability for a service death even if the Commission was prevented by section 32 or 33 from accepting liability for a service injury or disease that resulted in the death.

Note: Sections 32 and 33 only prevent the Commission from accepting liability for a service injury or disease, and not a service death.