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The criteria for “defence-caused death" are contained in section 70 of the VEA
These include provisions that:
- the death of a member of a peacekeeping force will be defence caused if it resulted from an occurrence that happened while the member was rendering peacekeeping service,
- the death of a member of the Forces or member of a Peacekeeping Force or person who has rendered hazardous service will be defence-caused if:
(a)the death arose out of, or was attributable to, any defence service, or peacekeeping service or hazardous service of the member,
(b)the death resulted from an accident that occurred while the member was travelling, during any defence service, peacekeeping service or hazardous service of the member but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty; (note exceptions in subsection 70(8), or
(c)the death is to be deemed by subsection 70(6) to be defence-caused, or
(d)the injury or disease from which the member died,
(i) was suffered or contracted during any defence service or peacekeeping service or hazardous service of the member, but did not arise out of that service, or
(ii)was suffered or contracted before the period, of defence service or peacekeeping service or hazardous service of the member and, in the opinion of the Commission, was contributed to in a material degree or was aggravated.
(e)the injury or disease from which the member died has been determined to have been a defence-caused injury or defence-caused disease.
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