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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Military Rehabilitation and
Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
(Veterans' Affairs)
A Bill for an Act to amend the Military
Rehabilitation and Compensation Act 2004, and for
related purposes
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Single treatment pathway
3
Part 1--Main amendments
3
Military Rehabilitation and Compensation Act 2004
3
Part 2--Consequential amendments
10
Income Tax Assessment Act 1997
10
Veterans' Entitlements Act 1986
10
Part 3--Application and transitional provisions
11
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
1
A Bill for an Act to amend the Military
1
Rehabilitation and Compensation Act 2004, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Military Rehabilitation and Compensation
6
Amendment (Single Treatment Pathway) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Single treatment pathway Schedule 1
Main amendments Part 1
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
3
Schedule 1--Single treatment pathway
1
Part 1--Main amendments
2
Military Rehabilitation and Compensation Act 2004
3
1 Section 269
4
Omit:
5
Compensation for the cost of treatment is provided for under
6
Part 2, while treatment itself is provided for under Part 3.
7
Some people are entitled to treatment, or compensation for the cost
8
of treatment, for any injury or disease. Other people are only
9
entitled to treatment, or compensation for treatment, for a service
10
injury or disease.
11
Additional compensation for costs incurred in travelling to obtain
12
treatment and MRCA supplement are provided for under Part 4.
13
substitute:
14
Part 3 deals with a person's entitlement to treatment. Some people
15
are entitled to treatment for a service injury or disease, while other
16
people are entitled to treatment for any injury or disease.
17
Part 4 deals with compensation and MRCA supplement. A person
18
may be compensated for the cost of treatment in special
19
circumstances, such as treatment reasonably obtained before the
20
Commission determines that the person is entitled to treatment
21
under Part 3. Compensation for costs incurred in travelling to
22
obtain treatment is also provided for. Part 4 also provides for
23
MRCA supplement for those who are entitled to treatment under
24
Part 3.
25
2 Part 2 of Chapter 6
26
Repeal the Part.
27
Schedule 1 Single treatment pathway
Part 1 Main amendments
4
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
3 Section 278
1
Omit:
2
Current and former members might be entitled to treatment for a
3
service injury or disease rather than compensation under Part 2 or
4
treatment under the Defence Force Regulations 1952.
5
substitute:
6
Current and former members might be entitled to treatment for a
7
service injury or disease rather than treatment under regulations
8
made under the Defence Act 1903.
9
4 Section 278
10
Omit "might also be entitled to compensation for costs incurred in
11
travelling to obtain the treatment and MRCA supplement under Part 4",
12
substitute "might also be entitled under Part 4 to compensation for the
13
cost of treatment reasonably obtained before the Commission
14
determines that the person is so entitled and for costs incurred in
15
travelling to obtain the treatment. MRCA supplement is also payable
16
under Part 4 for those who are entitled to treatment under this Part".
17
5 Section 279 (heading)
18
Repeal the heading, substitute:
19
279 Treatment for members entitled to treatment under Defence
20
regulations
21
6 Paragraph 279(b)
22
Omit "the Defence Force Regulations 1952", substitute "regulations
23
made under the Defence Act 1903".
24
7 Paragraph 279(d)
25
Omit "the Defence Force Regulations 1952", substitute "those
26
regulations".
27
Single treatment pathway Schedule 1
Main amendments Part 1
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
5
8 Section 279 (note 1)
1
Omit "section 273", substitute "section 288A".
2
9 Paragraph 280(c)
3
Omit "319; and", substitute "319.".
4
10 Paragraph 280(d)
5
Repeal the paragraph.
6
11 Section 280 (note 1)
7
Omit "section 273", substitute "section 288A".
8
12 Subsection 281(1) (note 1)
9
Omit "section 273", substitute "section 288A".
10
13 Section 282 (note 1)
11
Omit "section 273", substitute "section 288A".
12
14 Subsections 284(1) and (2) (notes)
13
Omit "section 273", substitute "section 288A".
14
15 Section 288 (before the paragraph relating to Division 2)
15
Insert:
16
Division 1A of this Part provides for compensation for the cost of
17
treatment in special circumstances. This includes treatment that a
18
person reasonably obtains before the Commission determines that
19
the person is entitled to treatment under Part 3 or if the person dies
20
after receiving treatment.
21
16 After Division 1 of Part 4 of Chapter 6
22
Insert:
23
Schedule 1 Single treatment pathway
Part 1 Main amendments
6
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
Division 1A--Compensation for treatment obtained in
1
special circumstances
2
288A Compensation for those entitled to treatment under Part 3
3
The Commonwealth is liable to pay compensation for the cost of
4
treatment obtained for a person's injury or disease if:
5
(a) the person is entitled to treatment under Part 3 for the injury
6
or disease; and
7
(b) the person obtains the treatment before any determination by
8
the Commission that the person is entitled to the treatment
9
under that Part; and
10
(c) it was reasonable for the person to obtain the treatment; and
11
(d) a claim for compensation in respect of the person has been
12
made under section 319.
13
288B Compensation for treatment prior to a service death
14
The Commonwealth is liable to pay compensation for the cost of
15
treatment obtained for a person's injury or disease if:
16
(a) the person dies from the injury or disease after obtaining the
17
treatment; and
18
(b) the person's death is a service death for which the
19
Commission has accepted liability; and
20
(c) it was reasonable for the person to obtain the treatment in the
21
circumstances; and
22
(d) a claim for compensation has been made under section 319
23
by the person's legal personal representative.
24
288C Compensation in other special circumstances
25
The Commonwealth is liable to pay compensation for the cost of
26
treatment obtained for a person's service injury or disease if:
27
(a) the Commission has accepted liability for the service injury
28
or disease; and
29
(b) the Commission is satisfied that special circumstances exist
30
in relation to the person and the treatment obtained; and
31
Single treatment pathway Schedule 1
Main amendments Part 1
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
7
(c) a claim for compensation in respect of the person has been
1
made under section 319.
2
288D Relationship of this Part with other compensation provisions
3
(1) The Commonwealth is not liable to pay compensation under
4
section 288A, 288B or 288C for the cost of treatment if the
5
Commonwealth is liable to pay compensation in respect of the
6
treatment under a section in another Chapter of this Act.
7
(2) If a person would be entitled to compensation for the cost of
8
treatment under more than one section in this Division, then the
9
Commonwealth is only liable to pay compensation in respect of the
10
treatment under one of those sections.
11
288E No compensation if aggravated injury or disease ceases to be
12
aggravated etc.
13
The Commonwealth is not liable to pay compensation for the cost
14
of treatment obtained for an aggravated injury or disease if, at the
15
time of the treatment, the aggravation or material contribution had
16
ceased.
17
288F Amount of treatment compensation
18
(1) The Commission must determine the amount of compensation
19
payable under section 288A, 288B or 288C. The amount must be
20
the amount the Commission considers reasonable for the cost of
21
the treatment for a person's injury or disease. However, the amount
22
must not be more than the amount actually incurred in obtaining
23
the treatment.
24
Note:
The amount determined by the Commission must not take into
25
account increases in the cost of a particular treatment after that
26
treatment has been obtained.
27
(2) The amount of compensation for treatment includes the amount
28
reasonably incurred (whether paid or payable) in the necessary
29
replacement or repair of a medical aid used by the person. This
30
may include any reasonable fees or charges of a practitioner, or
31
other qualified person, for a consultation, examination,
32
Schedule 1 Single treatment pathway
Part 1 Main amendments
8
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
prescription, or other service that is reasonably rendered in
1
connection with the replacement or repair.
2
288G Whom treatment compensation is payable to
3
(1) Compensation under section 288A, 288B or 288C for the cost of
4
the treatment is payable to:
5
(a) the person who made the claim for compensation; or
6
(b) if that person so directs:
7
(i) the person who provided the treatment; or
8
(ii) any other person who incurred the cost of the treatment.
9
Note:
A special rule applies if a trustee is appointed under section 432.
10
(2) A payment under section 288A, 288B or 288C to a person who
11
provided the treatment discharges any liability of any other person
12
for the cost of the treatment to the extent of the payment.
13
17 Section 289 (paragraphs (a) and (b) of the definition of
14
compensable treatment)
15
Repeal the paragraphs, substitute:
16
(a) treatment to which a person is entitled under Part 3 (other
17
than under section 280A (treatment for certain injuries
18
covered by the Safety, Rehabilitation and Compensation
19
(Defence-related Claims) Act 1988)); or
20
(b) treatment in respect of which compensation is payable under
21
Division 1A of this Part.
22
18 Subsection 305(1) (definition of treatment under this
23
Chapter)
24
Omit "Part 2", substitute "Division 1A of Part 4".
25
19 Subparagraphs 306(1)(c)(i) and (3)(b)(i)
26
Omit "2 or".
27
Single treatment pathway Schedule 1
Main amendments Part 1
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
9
20 Section 318
1
Omit "The Commission decides under section 327 whether the person
2
should be paid compensation for treatment under Part 2 of Chapter 6 or
3
whether the person should be provided with treatment under Part 3 of
4
Chapter 6".
5
21 Subsection 320(1) (note)
6
Omit "section 266 and subsection 271(2)", substitute "sections 266 and
7
288B".
8
22 Paragraph 326(c)
9
Repeal the paragraph, substitute:
10
(c) the person's medical needs, including but not limited to any
11
treatment (including ongoing treatment) that the person needs
12
or is likely to need.
13
23 Section 327
14
Repeal the section.
15
24 Paragraphs 345(2)(g) and (k)
16
Repeal the paragraphs.
17
Schedule 1 Single treatment pathway
Part 2 Consequential amendments
10
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
Part 2--Consequential amendments
1
Income Tax Assessment Act 1997
2
25 Section 52-114 (table item 19)
3
Omit "(sections 271, 272 and 273)", substitute "(sections 288A, 288B
4
and 288C)".
5
Veterans' Entitlements Act 1986
6
26 Paragraph 5H(8)(zz)
7
Omit "Part 2 of Chapter 6, or Division 2", substitute "Division 1A, 2".
8
27 Subsections 85A(3) and 85B(3)
9
Omit "section 273", substitute "section 288A".
10
Single treatment pathway Schedule 1
Application and transitional provisions Part 3
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
11
Part 3--Application and transitional provisions
1
28 Definitions
2
In this Part:
3
MRCA means the Military Rehabilitation and Compensation Act 2004.
4
29 Application provisions
5
(1)
The amendments of section 280 of the MRCA made by this Schedule
6
apply in relation to:
7
(a) claims for compensation made after the commencement of
8
this Schedule; and
9
(b) claims for compensation made but not determined before the
10
commencement of this Schedule.
11
(2)
Section 288C of the MRCA, as inserted by this Schedule, applies to
12
claims for compensation made after the commencement of this
13
Schedule, whether the treatment was obtained before or after that
14
commencement.
15
30 Transitional provisions
16
(1)
If, immediately before the commencement of this Schedule, a claim for
17
compensation under subsection 271(2) of the MRCA had been made but
18
not determined, the claim is taken, after that commencement, to be a
19
claim for compensation under section 288B of that Act, as inserted by
20
this Schedule.
21
(2)
If, immediately before the commencement of this Schedule, a claim for
22
compensation under section 273 of the MRCA had been made but not
23
determined, the claim is taken, after that commencement, to be a claim
24
for compensation under section 288A of that Act, as inserted by this
25
Schedule.
26
(3)
If, before the commencement of this Schedule, the Commission had
27
made a determination under section 327 of the MRCA specifying that
28
section 271 of that Act applies to a person, then, on and after that
29
commencement, the Commission is taken to have determined that
30
section 280 of that Act applies to the person.
31
Schedule 1 Single treatment pathway
Part 3 Application and transitional provisions
12
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
No. , 2019
31 Validating pre-commencement decisions in relation to
1
treatment path
2
(1)
This item applies in relation to a thing done before the commencement
3
of this Schedule in relation to the provision of treatment, or
4
compensation for treatment, to a person under Chapter 6 of the MRCA
5
to the extent that the doing of the thing would, apart from this item, be
6
invalid or ineffective because the person was not entitled to the
7
treatment, or the compensation, under that Act.
8
(2)
The thing done is as valid and effective, and is taken always to have
9
been as valid and effective, as it would have been had the person been
10
entitled to the treatment, or the compensation, under the MRCA as
11
amended by this Schedule.
12
(3)
However, this item does not affect rights or liabilities arising between
13
parties to proceedings heard and finally determined by a court on or
14
before the commencement of this Schedule, to the extent that those
15
rights or liabilities arose from, or were affected by, a thing done as
16
described in subitem (1).
17
32 Payments for certain treatment provided before
18
commencement
19
(1)
This item applies if:
20
(a) the Commonwealth paid an amount to a person for providing
21
treatment or other services under Chapter 6 of the MRCA
22
before the commencement of this Schedule; and
23
(b) that amount:
24
(i) was not payable to the person under that Chapter at that
25
time; but
26
(ii) would have been payable under that Chapter if the
27
amendments made by this Schedule had been in force at
28
that time.
29
(2)
The Commonwealth may recover the amount already paid to the person
30
as a debt.
31
(3)
The person is entitled, on the commencement of this Schedule, to be
32
paid an amount equal to the amount already paid to the person by the
33
Commonwealth.
34
Single treatment pathway Schedule 1
Application and transitional provisions Part 3
No. , 2019
Military Rehabilitation and Compensation Amendment (Single
Treatment Pathway) Bill 2019
13
(4)
The Commonwealth may set off the amount already paid to the person
1
against the amount that the person is entitled to be paid.
2
(5)
Payments of amounts under subitem (3) are taken, for the purposes of
3
section 423 of the MRCA, to be payments for treatment and other
4
services provided under Chapter 6 of that Act.
5