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Military Rehabilitation and Compensation Act 2004
36Exclusion relating to use of tobacco products
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36 Exclusion relating to use of tobacco products
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 is related to defence service only because of the person’s use of tobacco products.
Chapter 3—Rehabilitation
Part 1—General provisions
Division 1—Simplified outline of this Chapter
37 Simplified outline of this Chapter
This Chapter provides for the following for certain current and former members suffering a service injury or disease:
(a) rehabilitation programs;
(b) assistance in finding suitable defence or civilian work;
(c) assistance in moving from defence service to civilian life.
This Chapter also provides for rehabilitation programs for certain current and former members who:
(a) have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined; or
(b) have not made such a claim and who need not have a service injury or disease.
The capacity for rehabilitation of a person with a service injury or disease is assessed under Part 2. If the person is capable of rehabilitation, he or she may be required to undertake a rehabilitation program under that Part.
Part 2 also provides for rehabilitation for certain persons who have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined.