Commonwealth Numbered Acts
(a) the injury or disease resulted from an occurrence that happened while the
person was a member rendering defence service;
(b) the injury or disease arose out of, or was attributable to, any
defence service rendered by the person while a member;
(c) in the opinion of the Commission:
(i) the injury was sustained due to an accident that would not have
occurred; or
(ii) the disease would not have been contracted;
but for:
(iii) the person having rendered defence service while a member; or
(iv) changes in the person's environment consequent upon his or her having
rendered defence service while a member;
(d) the injury or disease:
(i) was sustained or contracted while the person was a member rendering
defence service, but did not arise out of that service; or
(ii) was sustained or contracted before the commencement of a period of
defence service rendered by the person while a member, but not while
the person was rendering defence service;
and, in the opinion of the Commission, the injury or disease was contributed
to in a material degree by, or was aggravated by, any defence service rendered
by the person while a member after he or she sustained the injury or
contracted the disease;
Note: This paragraph might not cover aggravations of, or material contributions to, signs and symptoms of an injury or disease (see Repatriation Commission v Yates (1995) 38 Administrative Law Decisions 80). This is dealt with in section 30.
(e) the injury or disease resulted
from an accident that occurred while the person was travelling, while a member
rendering peacetime 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.