13Circumstances for claim relating to overseas incident to be qualifying claim

13 Circumstances for claim relating to overseas incident to be qualifying claim

(1) For the purposes of paragraph 34ZZK(1)(d) of the Act, subsections (2) and (3) of this section specify different circumstances relating to a claim that relates to: (a) an incident (the relevant incident) that occurs or occurred outside Australia and the external Territories at a time (the relevant time); or (b) a series of related incidents (the relevant incidents) any of which occur or occurred outside Australia and the external Territories at a time (the relevant time). (2) The circumstances are: (a) the claim is or was made by a person who at the relevant time is or was an Australian citizen or a resident of Australia or an external Territory; and (b) at the relevant time the person is or was: (i) engaged in a sporting activity (as a participant, adjudicator, judge, referee or umpire or in a similar capacity); or (ii) engaged in a cultural activity; or (iii) undertaking official business for a Commonwealth, State or Territory agency; or (iv) travelling with a person to whom any of the other subparagraphs of this paragraph applies; and (c) at the relevant time the practitioner against whom the claim is or was made is or was a permanent resident of Australia or an external Territory accompanying the person in the course of, or in connection with, the practice by the practitioner of an allied health profession. (3) Alternatively, the circumstances are: (a) at the relevant time the practitioner against whom the claim is or was made is or was a permanent resident of Australia or an external Territory undertaking aid work outside Australia and the external Territories; and (b) the relevant incident, or any of the relevant incidents, occurs or occurred in the course of, or in connection with, the undertaking of that aid work.