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3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth
Under section 29 of the MRCA, an injury or disease is to be taken to be a service injury or service disease if:
- the injury or disease was caused or aggravated by treatment provided wholly or partly by the Commonwealth for an earlier service injury or service disease; or
- the injury, disease or aggravation was an unintended consequence of treatment provided under regulations made under the Defence Act 1903.
Paragraph 29(2) applies to both types of aggravation discussed above at 3.2.7.
Under section 29 of the MRCA, a death is taken to be a service death if the person dies as a consequence of treatment paid for wholly or partly by the Commonwealth, including treatment under regulations made under the Defence Act 1903.