Liability for injuries and diseases caused by treatment

(1)

For the purposes of this Act, an injury sustained, or a disease contracted, by a person is a service injury or a service disease if:

(a) either:
(i) the person receives treatment under this Act for an earlier service injury or disease and the treatment is paid for or provided wholly or partly by the Commonwealth; or
(ii) the person receives any treatment under regulations made under the Defence Act 1903 ; and
(b) as an unintended consequence of that treatment, the person sustains the injury or contracts the disease.

Liability for injuries and diseases aggravated by treatment

(2)

For the purposes of this Act, an injury sustained, or a disease contracted, by a person is a service injury or a service disease if:

(a) either:
(i) the person receives treatment under this Act for the service injury or disease and the treatment is paid for or provided wholly or partly by the Commonwealth; or
(ii) the person receives any treatment under regulations made under the Defence Act 1903 ; and
(b) as an unintended consequence of that treatment, the injury or disease, or a sign or symptom of the injury or disease, is aggravated by the treatment.

Liability for deaths caused by treatment

(3)

For the purposes of this Act, the death of a person is a service death if:

(a) either:
(i) the person receives treatment under this Act for a service injury or disease and the treatment is paid for or provided wholly or partly by the Commonwealth; or
(ii) the person receives any treatment under regulations made under the Defence Act 1903 ; and
(b) as a consequence of that treatment, the person dies.