Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 9A

             (1)  A veteran's injury, disease or death is taken not to be war-caused if:

                     (a)  the injury is sustained, the disease is contracted, or the death occurs, on or after the MRCA commencement date; and

                     (b)  the injury, disease or death either:

                              (i)  relates to service rendered by the person on or after that date; or

                             (ii)  relates to service rendered by the person before, and on or after, that date.

Note:          After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such injuries, diseases and deaths.

             (2)  If an injury or disease of a veteran has been aggravated, or materially contributed to, by service, the aggravation or material contribution is taken not to be war-caused if:

                     (a)  the aggravation or material contribution occurs on or after the MRCA commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

                     (b)  the aggravation or material contribution either:

                              (i)  relates to service rendered by the person on or after that date; or

                             (ii)  relates to service rendered by the person before, and on or after, that date; and

                     (c)  if section 12 of the CTPA applies to the veteran--after receiving a notice under that section, the veteran makes a claim under section 319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravated injury or disease.

Note 1:       After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such aggravations and material contributions.

Note 2:       Compensation remains payable under this Act for the original injury or original disease.

             (3)  To avoid doubt, service is rendered before, and on or after, the MRCA commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.