Commission not to accept liability for injuries etc. resulting from certain peacetime accidents

(1)

This section only applies in respect of an injury, disease or death of a person that relates to peacetime service rendered by the person as a member.

Note: This section applies if the injury, disease or death is a service injury, disease or death because of the application of any of sections 27, 28 and 30 (not only paragraphs 27(e) and 28(1)(f)).

(2)

The Commission must not accept liability for:

(a) an injury sustained, or a disease contracted, by a person, or the death of a person; or
(b) an injury or a disease that has been aggravated, or materially contributed to; or
(c) an injury or disease, a sign or symptom of which has been aggravated, or materially contributed to;

if the injury, disease, death, aggravation or material contribution resulted from the kinds of accidents mentioned in subsection (3), (4) or (5).

Substantial delay commencing journey

(3)

The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a journey from the person's place of duty if the person delayed commencing the journey for a substantial time after he or she ceased to perform duty at that place, unless:

(a) the delay was for a reason connected with the performance of the person's duties; or
(b) in the circumstances of the particular case:
(i) the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii) the extent of that risk was not substantially increased;
by that delay or by anything that happened during that delay.

Routes that are not reasonably direct

(4)

The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a journey, or a part of a journey, by a route that was not reasonably direct having regard to the means of transport used, unless:

(a) the journey, or that part of the journey, was made by that route for a reason connected with the performance of the person's duties; or
(b) in the circumstances of the particular case:
(i) the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii) the extent of that risk was not substantially increased;
by reason that the journey, or that part of the journey, was made by that route.

Substantial interruptions to journeys

(5)

The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a part of a journey made after a substantial interruption of the journey, unless:

(a) the interruption was made for a reason connected with the performance of the person's duties; or
(b) in the circumstances of the particular case:
(i) the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii) the extent of that risk was not substantially increased;
by reason of that interruption.