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Military Rehabilitation and Compensation Act 2004
31Simplified outline of this Part
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31 Simplified outline of this Part
Even if the Commission decides that an injury, disease or death is a service injury, disease or death, the Commission might be prevented from accepting liability for that injury, disease or death because of an exclusion under this Part.
There are 5 kinds of exclusions. They relate to the following:
(a) serious defaults or wilful acts etc.;
(b) reasonable counselling about a person’s performance as a member;
(c) false representations;
(d) travel during peacetime service;
(e) the use of tobacco products.
The Commission applies the standard of proof mentioned in subsection 335(3) in deciding whether the exclusions apply.