43Persons to whom this Part applies

43  Persons to whom this Part applies Commission has accepted liability for service injury or disease  (1) This Part applies to a person at a time if, at that time:  (a) the person is incapacitated for service or work, or has an impairment, as a result of a service injury or disease; and  (b) the Commission has accepted liability for the injury or disease.  (2) To avoid doubt, this Part applies to a person who is incapacitated or impaired as a result of an aggravated injury or disease even if the incapacity or impairment resulted from the original injury or disease and not from the aggravation or material contribution. Claim for acceptance of liability for service injury or disease not determined  (3) This Part also applies to a person if:  (a) the person has made a claim of a kind referred to in paragraph 319(1)(a); and  (b) the Commission has not determined the claim; and  (c) the person is included in a class of persons determined in an instrument under subsection (4); and  (d) the Commission has determined, in writing, that this Part applies to the person.  (4) The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (3)(c).  (5) A determination under paragraph (3)(d) is not a legislative instrument. Division 2—Assessment of a person’s capacity for rehabilitation