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MILITARY REHABILITATION AND COMPENSATION ACT 2004


TABLE OF PROVISIONS

            

CHAPTER 1--Introduction
            

   1.      Short title  
   2.      Commencement  
   3.      Simplified outline of this Act  
   4.      Extension to external Territories  
   4A.     Secretary may arrange for use of computer programs to make decisions or determinations  
   5.      Definitions  
   6.      Kinds of service to which this Act applies  
   7.      Reference to service injury sustained or service disease contracted includes reference to aggravation etc.  
   7A.     Classes of members  
   8.      Ministerial determinations that other people are members  
   9.      Definition of duty for cadets and declared members  
   10.     Determinations for part-time Reservists and cadets who are unlikely to return to defence service  
   11.     Ministerial determination of pay-related allowances  
   12.     Deceased members whose dependants are entitled to benefits under this Act  
   13.     Definition of treatment  
   14.     Definition of Commonwealth superannuation scheme for a person who has chosen a Special Rate Disability Pension  
   15.     Definitions of dependant and related person  
   16.     Certain relationships  
   17.     When partners and eligible young persons are wholly dependent on a member  
   18.     Child of a member born or adopted after the member's death  
   19.     Ascertaining whether persons receiving family tax benefits etc. are dependent  
   20.     Some references to members include references to former members  
            

CHAPTER 2--Accepting liability for service injuries, diseases and deaths
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   21.     Simplified outline of this Chapter  

   PART 2--WHEN THE COMMISSION MUST ACCEPT LIABILITY FOR SERVICE INJURIES, DISEASES AND DEATHS

   22.     Simplified outline of this Part  
   23.     Commission's acceptance of liability for service injuries and diseases  
   24.     Commission's acceptance of liability for service deaths  
   25.     Limited effect of acceptance of liability  

   PART 3--DEFINITIONS OF SERVICE INJURY, SERVICE DISEASE AND SERVICE DEATH

   26.     Simplified outline of this Part  
   27.     Main definitions of service injury and service disease  
   28.     Main definition of service death  
   29.     Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth  
   30.     Definitions of service injury and service disease for aggravations etc. of signs and symptoms  

   PART 4--WHEN THE COMMISSION IS PREVENTED FROM ACCEPTING LIABILITY FOR SERVICE INJURIES, DISEASES AND DEATHS

   31.     Simplified outline of this Part  
   32.     Exclusions relating to serious defaults or wilful acts etc.  
   33.     Exclusions relating to reasonable counselling about performance etc.  
   34.     Exclusions of injuries, diseases and deaths relating to certain false representations  
   35.     Exclusions relating to travel  
   36.     Exclusion relating to use of tobacco products  
            

CHAPTER 3--Rehabilitation
            

   PART 1--GENERAL PROVISIONS

           Division 1--Simplified outline of this Chapter

   37.     Simplified outline of this Chapter  

           Division 2--Aim of rehabilitation

   38.     Aim of rehabilitation  

           Division 3--Definitions

   39.     Definition of rehabilitation authority  
   40.     Rule if rehabilitation authority for a person changes  
   41.     Other definitions  

   PART 2--REHABILITATION PROGRAMS

           Division 1--Application of Part

   42.     Simplified outline of this Part  
   43.     Persons to whom this Part applies  

           Division 2--Assessment of a person's capacity for rehabilitation

   44.     When an assessment may or must be carried out  
   45.     What may be done as part of an assessment  
   46.     Requirements for examinations  
   47.     Compensation for journey and accommodation costs  
   48.     Amount of compensation for journey and accommodation costs  
   49.     Whom the compensation is payable to  
   50.     Consequences of failure to undergo an examination  

           Division 3--Provision of rehabilitation programs

   51.     Rehabilitation authority may determine that a person is to undertake a rehabilitation program  
   52.     Consequences of failure to undertake a rehabilitation program  
   53.     Cessation or variation of a rehabilitation program  

   PART 3--ALTERATIONS, AIDS AND APPLIANCES RELATING TO REHABILITATION

           Division 1--Preliminary

   54.     Simplified outline of this Part  
   55.     Persons to whom Part applies  

           Division 2--Alterations, aids and appliances relating to rehabilitation

   56.     Alterations, aids and appliances relating to rehabilitation  
   57.     Amount of compensation for alterations, aids and appliances  
   58.     Matters to be considered in determining matters relating to alterations, aids and appliances  
   59.     Whom compensation for alterations etc. is payable to  

   PART 4--ASSISTANCE IN FINDING SUITABLE WORK

   60.     Simplified outline of this Part  
   61.     Assistance in finding suitable work for full-time members  
   62.     Assistance in finding suitable work for other members and former members  
   62A.    Scheme may provide for payments to employers  

   PART 5--TRANSITION MANAGEMENT

   63.     Simplified outline of this Part  
   64.     Transition management  
            

CHAPTER 4--Compensation for members and former members
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   65.     Simplified outline of this Chapter  

   PART 2--PERMANENT IMPAIRMENT

   66.     Simplified outline of this Part  
   67.     Guide to determining impairment and compensation  
   68.     Entitlement to compensation for permanent impairment  
   69.     No compensation for less than the threshold impairment points  
   70.     Compensation for aggravations etc.  
   71.     Additional compensation  
   72.     Additional compensation for aggravations etc.  
   73.     Deciding whether an impairment is likely to continue indefinitely  
   74.     Amount of compensation  
   75.     Interim compensation  
   76.     Notifying the claimant  
   77.     When weekly compensation becomes payable  
   78.     Choice to take lump sum  
   79.     When lump sum is payable  
   80.     Additional amounts payable if maximum compensation paid  
   81.     Compensation for cost of financial advice and legal advice  
   82.     Amount of financial advice and legal advice compensation  
   83.     Whom the compensation is payable to  
   83A.    Energy supplement for compensation under this Part  

   PART 3--COMPENSATION FOR INCAPACITY FOR SERVICE OR WORK FOR MEMBERS

           Division 1--Entitlement to compensation

   84.     Simplified outline of this Part  
   85.     Compensation for incapacitated full-time members  
   86.     Compensation for incapacitated part-time Reservists  
   87.     Compensation for incapacitated cadets and declared members  
   88.     No compensation in certain cases relating to aggravations etc. of injuries or diseases  
   89.     Amount of compensation for current members  
   89A.    Amount of compensation for persons receiving a Commonwealth superannuation benefit  
   89B.    Payments before a person receives a Commonwealth superannuation benefit  

           Division 2--Working out normal and actual earnings for full-time members

   90.     Simplified outline of this Division  
   91.     Working out normal earnings  
   92.     Working out actual earnings  

           Division 3--Working out normal and actual earnings for part-time Reservists

              Subdivision A--Simplified outline of this Division

   93.     Simplified outline of this Division  

              Subdivision B--Working out normal earnings for part-time Reservists

   94.     Application of this Division to part-time Reservists  
   95.     Working out normal earnings  

              Subdivision C--Working out the ADF component of normal earnings

   96.     Working out the ADF component for an incapacitated Reservist who is incapacitated for service  
   97.     Working out the ADF component for an incapacitated Reservist who is not incapacitated for service  

              Subdivision D--Working out the civilian component of normal earnings

   98.     Working out the civilian component for an incapacitated Reservist who is incapacitated for work  
   99.     Definition of example period for the civilian component of normal earnings  
   100.    Working out the civilian component for an incapacitated Reservist who is not incapacitated for work  

              Subdivision E--Working out actual earnings

   101.    Working out actual earnings  

           Division 4--Working out normal and actual earnings for part-time Reservists who were previously Permanent Forces members

   102.    Simplified outline of this Division  
   103.    Application of this Division to part-time Reservists who were previously Permanent Forces members  
   104.    Working out normal earnings  
   105.    Working out actual earnings  

           Division 5--Working out normal and actual earnings for part-time Reservists who were previously continuous full-time Reservists

              Subdivision A--Simplified outline of this Division

   106.    Simplified outline of this Division  

              Subdivision B--Working out normal earnings for part-time Reservists who were previously continuous full-time Reservists

   107.    Application of this Division to part-time Reservists who were previously continuous full-time Reservists  
   108.    Working out normal earnings  

              Subdivision C--Working out full-time ADF earnings

   109.    Working out full-time ADF earnings  

              Subdivision D--Working out pre-CFTS earnings

   110.    Simplified outline of this Subdivision  
   111.    Working out pre-CFTS earnings  
   112.    Working out pre-CFTS pay  
   113.    Definition of example period for pre-CFTS pay  
   114.    Working out reserve pay  
   114A.   Example periods for those injured as continuous full-time Reservists  

              Subdivision E--Working out actual earnings

   115.    Working out actual earnings  

           Division 6--Working out normal and actual earnings for cadets and declared members

   116.    Regulations may prescribe methods for working out normal and actual earnings for cadets and declared members  

           Division 7--Amount of compensation where a Commonwealth superannuation benefit is received

   116A.   Simplified outline of this Division  
   116B.   Amount of compensation for person receiving only Commonwealth superannuation pension  
   116C.   Amount of compensation for person who has received only Commonwealth superannuation lump sum  
   116D.   Amount of compensation for person receiving both superannuation pension and lump sum  
   116E.   No compensation if amount worked out is nil or a negative amount  

   PART 4--COMPENSATION FOR INCAPACITY FOR WORK FOR FORMER MEMBERS

           Division 1--Entitlement to compensation

   117.    Simplified outline of this Part  
   118.    Compensation for incapacitated former members  
   119.    No compensation in certain cases relating to aggravations etc. of injuries or diseases  
   120.    Compensation for those over pension age  
   121.    Compensation for those over the age that is 2 years before pension age  
   122.    Persons who are imprisoned  

           Division 2--Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)

              Subdivision A--Simplified outline of this Division

   123.    Simplified outline of this Division  

              Subdivision B--Amount of compensation generally

   124.    Simplified outline of this Subdivision  
   125.    Amount of compensation for former members  
   126.    Amount of compensation for retired persons receiving a Commonwealth superannuation benefit  
   126A.   Payments before a retired person receives a Commonwealth superannuation benefit  
   127.    Amount of compensation for former members who are maintained in hospital etc.  

              Subdivision C--Amount of compensation where no Commonwealth superannuation benefit is received

   128.    Simplified outline of this Subdivision  
   129.    Amount of compensation for maximum rate weeks  
   130.    Amount of compensation for the week whose hours exceed 45 times the normal weekly hours  
   131.    Amount of compensation after 45 weeks  
   132.    Definitions of actual earnings, normal earnings and normal weekly hours  

              Subdivision D--Amount of compensation where a Commonwealth superannuation benefit is received

   133.    Simplified outline of this Subdivision  
   134.    Amount of compensation for retired person receiving only Commonwealth superannuation pension  
   135.    Amount of compensation for retired person who has received only Commonwealth superannuation lump sum  
   136.    Amount of compensation for retired person receiving both superannuation pension and lump sum  

              Subdivision E--Small amounts of compensation

   137.    Simplified outline of this Subdivision  
   138.    Converting small amounts of weekly compensation into lump sum compensation  
   139.    Weekly compensation following conversion of weekly amounts to a lump sum  

           Division 3--Working out normal earnings for certain former Permanent Forces members

   140.    Simplified outline of this Division  
   141.    Working out normal earnings  

           Division 4--Working out normal earnings and normal weekly hours for certain former continuous full-time Reservists

              Subdivision A--Simplified outline of this Division

   142.    Simplified outline of this Division  

              Subdivision B--Working out normal earnings

   143.    Working out normal earnings  

              Subdivision C--Working out ADF earnings

   144.    Working out ADF earnings  

              Subdivision D--Working out pre-CFTS earnings

   145.    Simplified outline of this Subdivision  
   146.    Working out pre-CFTS earnings  
   147.    Working out pre-CFTS pay  
   148.    Definition of example period for former continuous full-time Reservists  
   149.    Working out reserve pay  

              Subdivision E--Working out normal weekly hours for persons who have chosen pre-CFTS earnings

   150.    Working out normal weekly hours for persons who have chosen pre-CFTS earnings  

           Division 5--Working out normal earnings and normal weekly hours for former part-time Reservists who were engaged in civilian work

              Subdivision A--Simplified outline of this Division

   151.    Simplified outline of this Division  

              Subdivision B--Working out normal earnings of former part-time Reservists who were engaged in civilian work

   152.    Application of this Division to former part-time Reservists who were engaged in civilian work  
   153.    Working out normal earnings  

              Subdivision C--Working out the ADF component of normal earnings

   154.    Working out the ADF component of normal earnings  
   155.    Definition of example period for ADF component of normal earnings  

              Subdivision D--Working out the civilian component of normal earnings

   156.    Working out the civilian component of normal earnings  
   157.    Definition of example period for the civilian component of normal earnings  

              Subdivision E--Working out normal weekly hours

   158.    Working out normal weekly hours  

           Division 6--Working out normal earnings for former part-time Reservists who were not engaged in civilian work

   159.    Simplified outline of this Division  
   160.    Application of this Division to former part-time Reservists who were not engaged in civilian work  
   161.    Working out normal earnings  

           Division 7--Working out normal earnings for former part-time Reservists who were previously Permanent Forces members

   162.    Simplified outline of this Division  
   163.    Application of this Division to former part-time Reservists who were previously Permanent Forces members  
   164.    Working out normal earnings  

           Division 8--Working out normal earnings and normal weekly hours for former part-time Reservists who were previously continuous full-time Reservists

              Subdivision A--Simplified outline of this Division

   165.    Simplified outline of this Division  

              Subdivision B--Working out normal earnings for former part-time Reservists who were previously continuous full-time Reservists

   166.    Application of this Division to former part-time Reservists who were previously continuous full-time Reservists  
   167.    Working out normal earnings  

              Subdivision C--Working out full-time ADF earnings

   168.    Working out full-time ADF earnings  

              Subdivision D--Working out pre-CFTS earnings

   169.    Simplified outline of this Subdivision  
   170.    Working out pre-CFTS earnings  
   171.    Working out pre-CFTS pay  
   172.    Definition of example period for the pre-CFTS pay  
   173.    Working out reserve pay  
   173A.   Example periods for those injured as continuous full-time Reservists  

              Subdivision E--Working out normal weekly hours for persons who have chosen pre-CFTS earnings

   174.    Working out normal weekly hours for persons who have chosen pre-CFTS earnings  

           Division 9--Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members

   175.    Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members  

   PART 5--ADJUSTING THE AMOUNT OF COMPENSATION FOR INCAPACITY FOR SERVICE OR WORK

           Division 1--Introduction

   176.    Simplified outline of this Part  
   177.    Definitions of normal earnings and actual earnings  

           Division 2--General rules relating to normal and actual earnings etc

   178.    Simplified outline of this Division  
   179.    Normal earnings that are less than the minimum wage  
   180.    Amounts that are excluded when working out normal and actual earnings  
   181.    Matters to be considered in determining actual earnings  
   182.    Indexation of pre-CFTS pay and civilian daily earnings  
   183.    Indexation of $100 in ADF pay  

           Division 3--Adjusting ADF pay and pay-related allowances

   184.    Simplified outline of this Division  
   185.    Increases in pay and allowances  
   186.    Increases in pay and allowances due to actual promotions  
   187.    Commission must determine category of defence work when defence work abolished  
   188.    Commission may determine pay-related allowances when defence work abolished  
   189.    Amount of pay and allowances for those undergoing initial training  
   190.    No other adjustments to be taken into account  

           Division 4--Adjusting other pay

   191.    Simplified outline of this Division  
   192.    Definitions of civilian daily earnings, example period and pre-CFTS pay  
   193.    Variations during the example period  
   194.    Civilian daily earnings or pre-CFTS pay if working them out is impracticable  

           Division 5--Working out compensation for parts of weeks

   195.    Simplified outline of this Division  
   196.    Working out compensation for parts of weeks  

   PART 6--CHOICE TO RECEIVE A SPECIAL RATE DISABILITY PENSION

   197.    Simplified outline of this Part  
   198.    What is a Special Rate Disability Pension?  
   199.    Persons who are eligible to make a choice under this Part  
   200.    Choice to receive Special Rate Disability Pension  
   201.    When the choice is to be made  
   202.    Other requirements for the choice  
   203.    Determinations by Commission  
   204.    Offsets  
   204A.   Overpayment if payment of lump sum under section 138  
   205.    Compensation for cost of financial advice and legal advice  
   206.    Amount of financial advice and legal advice compensation  
   207.    Whom the compensation is payable to  
   208.    Persons who are imprisoned  
   209.    Ceasing to meet certain criteria  
   209A.   Energy supplement for Special Rate Disability Pension  
   210.    Return to work scheme  

   PART 7--OTHER TYPES OF COMPENSATION FOR MEMBERS AND FORMER MEMBERS

           Division 1--Simplified outline of this Part

   211.    Simplified outline of this Part  

           Division 2--Motor Vehicle Compensation Scheme

   212.    Motor Vehicle Compensation Scheme  

           Division 3--Compensation for household and attendant care services

   213.    Definitions  
   214.    Compensation for household services  
   215.    Matters to be considered in household services compensation claims  
   216.    Amount of household compensation  
   217.    Compensation for attendant care services  
   218.    Matters to be considered in attendant care compensation claims  
   219.    Amount of compensation for attendant care services  
   220.    Whom household and attendant care compensation is payable to  

           Division 4--MRCA supplement for members and former members

   221.    Eligibility for MRCA supplement  
   222.    MRCA supplement not payable in some circumstances  
   223.    Rate of MRCA supplement  
   224.    Payment of MRCA supplement  

           Division 5--Compensation for loss of, or damage to, medical aids

   226.    Compensation for loss of, or damage to, medical aids  
   227.    Exclusions relating to serious defaults etc.  
   228.    Exclusions relating to travel  
   229.    Amount of medical aid compensation  
   230.    Whom medical aid compensation is payable to  
            

CHAPTER 5--Compensation for dependants of certain deceased members, members and former members
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   231.    Simplified outline of this Chapter  

   PART 2--COMPENSATION FOR MEMBER'S DEATH FOR WHOLLY DEPENDENT PARTNERS

           Division 1--Simplified outline of this Part

   232.    Simplified outline of this Part  

           Division 2--Compensation for member's death for wholly dependent partners

   233.    Compensation for member's death for wholly dependent partners  
   234.    Amount of compensation for wholly dependent partners  
   235.    Notifying the partner  
   236.    Choice to take lump sum  
   238.    Whom the compensation is payable to  
   238A.   Energy supplement for compensation for wholly dependent partners of deceased members  

           Division 3--Compensation for cost of financial advice and legal advice for wholly dependent partners

   239.    Compensation for cost of financial advice and legal advice  
   240.    Amount of financial advice and legal advice compensation  
   241.    Whom the compensation is payable to  

           Division 4--Continuing permanent impairment and incapacity etc

   242.    Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners  
   243.    Amount of permanent impairment and incapacity etc. compensation  
   244.    Whom permanent impairment and incapacity etc. compensation is payable to  

           Division 5--MRCA supplement for wholly dependent partners

   245.    Eligibility for MRCA supplement  
   246.    MRCA supplement not payable in some circumstances  
   247.    Rate of MRCA supplement  
   248.    Payment of MRCA supplement  

   PART 3--COMPENSATION FOR ELIGIBLE YOUNG PERSONS DEPENDENT ON CERTAIN DECEASED MEMBERS, MEMBERS OR FORMER MEMBERS

           Division 1--Simplified outline of this Part

   250.    Simplified outline of this Part  

           Division 2--Lump sum compensation for member's death for certain eligible young persons

   251.    Lump sum compensation for member's death for certain eligible young persons  
   252.    Amount of compensation for dependent eligible young persons  

           Division 3--Weekly compensation for certain eligible young persons

   253.    Weekly compensation for certain eligible young persons  
   254.    Amount of weekly compensation  

           Division 4--Continuing permanent impairment and incapacity etc

   255.    Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons  
   256.    Amount of permanent impairment and incapacity etc. compensation  

           Division 5--Whom compensation under Divisions 2 to 4 is payable to

   257.    Whom the compensation is payable to  

           Division 6--Education scheme for certain eligible young persons dependent on members, former members and deceased members

   258.    Education scheme for certain eligible young persons  
   259.    Completing courses begun before turning 25 years old  

           Division 7--Exclusion of Part for wholly dependent partners

   260.    Exclusion of Part for wholly dependent partners  

   PART 4--COMPENSATION FOR DEPENDANTS OTHER THAN WHOLLY DEPENDENT PARTNERS AND ELIGIBLE YOUNG PERSONS

   261.    Simplified outline of this Part  
   262.    Compensation for dependants other than wholly dependent partners and eligible young persons  
   263.    Amount of compensation for other dependants  
   264.    Whom the compensation is payable to  

   PART 5--COMPENSATION FOR FUNERAL EXPENSES

   265.    Simplified outline of this Part  
   266.    Compensation for cost of funeral  
   267.    Amount of funeral compensation  
   268.    Whom funeral compensation is payable to  
            

CHAPTER 5A--Family and employment support
            

   PART 1--FAMILY SUPPORT

   268A.   Simplified outline of this Part  
   268B.   Family support  

   PART 2--EMPLOYMENT SUPPORT TO FORMER MEMBERS

   268C.   Simplified outline of this Part  
   268D.   Employment support to former members  
            

CHAPTER 6--Treatment for injuries and diseases
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   269.    Simplified outline of this Chapter  

   PART 3--ENTITLEMENT TO PROVISION OF TREATMENT

           Division 1--Simplified outline of this Part

   278.    Simplified outline of this Part  

           Division 2--Treatment for some members and former members

   279.    Treatment for members entitled to treatment under Defence regulations  
   280.    Treatment for service injuries and diseases of former members and part-time Reservists etc.  
   280A.   Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988  
   281.    Treatment for persons with 60 impairment points  
   282.    Treatment for persons who are eligible for a Special Rate Disability Pension  
   283.    No treatment for aggravated injury or disease if aggravation ceases  

           Division 3--Treatment for certain dependants of deceased members

   284.    Treatment for certain wholly dependent partners and eligible young persons  

           Division 4--Administration of the provision of treatment

   285.    Treatment at hospitals and other institutions etc.  
   286.    Determination for providing treatment or pharmaceutical benefits  
   287.    Provision of treatment  
   287A.   Provision of services under the Coordinated Veterans' Care mental health pilot  

   PART 4--OTHER COMPENSATION RELATING TO TREATMENT

           Division 1--Simplified outline of this Part

   288.    Simplified outline of this Part  

           Division 1A--Compensation for treatment obtained in special circumstances

   288A.   Compensation for those entitled to treatment under Part 3  
   288B.   Compensation for treatment prior to a service death  
   288C.   Compensation in other special circumstances  
   288D.   Relationship of this Part with other compensation provisions  
   288E.   No compensation if aggravated injury or disease ceases to be aggravated etc.  
   288F.   Amount of treatment compensation  
   288G.   Whom treatment compensation is payable to  

           Division 2--Compensation for patients' and attendants' journey and accommodation costs

   289.    Definition of compensable treatment  
   290.    Compensation for journey costs relating to treatment  
   291.    Compensation for accommodation relating to treatment  
   292.    No compensation for journeys or accommodation outside Australia  
   293.    Amount of compensation for journeys  
   294.    Amount of compensation for accommodation  
   295.    Matters to be considered in journey and accommodation compensation claims  
   296.    Whom compensation is payable to  

           Division 3--Compensation for transportation costs

   297.    Compensation for other person's transportation costs  
   298.    Amount of transportation costs  
   299.    Whom compensation is payable to  

           Division 4--MRCA supplement for members, former members and dependants

   300.    Eligibility for MRCA supplement  
   301.    MRCA supplement not payable in some circumstances  
   302.    Rate of MRCA supplement  
   303.    Payment of MRCA supplement  

   PART 5--OFFENCES RELATING TO TREATMENT UNDER THIS CHAPTER

   304.    Simplified outline of this Part  
   305.    Definitions  
   306.    Offence for false or misleading statements or documents relating to treatment  
   307.    Offence for medical service providers causing detriment to others  
   308.    Offence for medical service providers threatening detriment  
   309.    Offence for bribery by medical service providers  
   310.    Offence for practitioners receiving bribes etc.  
   311.    Offence for pathology practitioners making payments to requesting practitioners  
   312.    Offence for pathology practitioners providing pathology services to persons with whom they have arrangements  
   313.    Offence for providing staff to be used in pathology services  
   314.    Counselling statements inadmissible as evidence  
   315.    Recovery of amounts paid because of false or misleading statements  
   316.    Interest payable on amounts paid because of false or misleading statements  
   317.    Reduction in payments because of previous overpayments  
            

CHAPTER 7--Claims
            

   PART 1--MAKING A CLAIM

           Division 1--Simplified outline of this Part

   318.    Simplified outline of this Part  

           Division 2--Making a claim

   319.    Making a claim  
   320.    Who may make a claim  
   321.    Survival of claims and of right to claim  
   322.    No new claim before earlier claim finally determined  
   323.    Giving claims and documents to the Commission  

           Division 3--What happens after a claim is made

              Subdivision A--Investigation of claims

   324.    Investigation by the Commission  

              Subdivision B--Needs assessments

   325.    When the Commission may or must carry out a needs assessment  
   326.    Assessment of a person's needs  

              Subdivision C--Medical examinations

   328.    Power to require medical examination  
   329.    Consequences of failure to undergo an examination  

              Subdivision D--Obligations of claimants and Commission

   330.    Power to request the provision of information  
   331.    Certain documents to be supplied on request  

   PART 2--DETERMINATION OF CLAIMS

   332.    Simplified outline of this Part  
   333.    Determination of claims  
   334.    Commission not bound by technicalities  
   335.    Standard of proof for Commission and Chief of the Defence Force  
   336.    Commission not entitled to make certain presumptions  
   337.    No onus of proof  
   338.    Reasonableness of hypothesis to be assessed by reference to Statement of Principles  
   339.    Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles  
   340.    Determination by Commission overriding Authority's decision in relation to Statements of Principles  
   341.    Current Statement of Principles to be applied on review of a decision  
   342.    Determination of the onset date for an incapacity for service or work  
   343.    Determination of the date of death  
            

CHAPTER 8--Reconsideration and review of determinations
            

   PART 1--PRELIMINARY

   344.    Simplified outline of this Chapter  
   345.    Definitions  
   345A.   Application of this Chapter to decisions about clean energy payments  

   PART 2--NOTIFYING ORIGINAL DETERMINATIONS

   346.    Notifying original determinations  

   PART 3--RECONSIDERATION OF DETERMINATIONS

   347.    Commission or Chief of the Defence Force initiating reconsideration of original determinations  
   347A.   Reconsideration of permanent impairment compensation  
   348.    Varying determinations made by the Board  
   349.    Chief of the Defence Force initiating reconsideration of determinations  
   350.    Reconsideration  
   351.    Notifying reviewable determinations  

   PART 4--REVIEW BY THE BOARD OF ORIGINAL DETERMINATIONS

   352.    Applications to the Board for review  
   353.    Application of the Veterans' Entitlements Act 1986  

   PART 5--REVIEW BY THE TRIBUNAL

   354.    Applications to the Tribunal for review  
   355.    Modifications of the Administrative Appeals Tribunal Act 1975  
   356.    Evidence  
   357.    Costs of proceedings before the Tribunal  
   358.    Costs where proceedings rendered abortive  
   359.    Certain provisions not to apply to review of determinations of the Board  
            

CHAPTER 9--The Military Rehabilitation and Compensation Commission
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   360.    Simplified outline of this Chapter  

   PART 2--ESTABLISHMENT OF THE COMMISSION

   361.    Establishment  

   PART 3--FUNCTIONS

   362.    Functions  

   PART 4--CONSTITUTION OF THE COMMISSION

   363.    Constitution  

   PART 5--MEMBERSHIP

   364.    Membership  
   365.    Appointment of Commission members  
   366.    Acting appointments for members described in subparagraph 364(1)(b)(i)  
   367.    Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii)  
   369.    Remuneration and allowances  
   370.    Commission members may be granted leave of absence  
   371.    Resignation of appointed Commission members  
   372.    Termination of appointment of appointed Commission members  

   PART 6--MEETINGS AND RESOLUTIONS

   373.    Convening meetings  
   374.    Presiding at meetings  
   375.    Quorum  
   376.    Voting at meetings  
   377.    Commission resolutions without meetings  
   378.    Conduct of meetings  
   379.    Commission member to disclose any interest in claims etc.  
   380.    Minister may direct Commission member not to take part in consideration or review  

   PART 7--OTHER MATTERS

   382.    Staff  
   383.    Consultants  
   384.    Delegation  
   385.    Annual report  
            

CHAPTER 10--Liabilities arising apart from this Act etc
            

   PART 1--PRELIMINARY

   386.    Simplified outline of this Chapter  
   387.    Interpretation  

   PART 2--LIABILITY OF THE COMMONWEALTH TO OTHER ACTIONS

   388.    Action for damages not to lie against Commonwealth etc. in certain cases  
   389.    Choice to institute action for damages against the Commonwealth etc. for non-economic loss  
   390.    Notice of common law claims against the Commonwealth etc.  

   PART 3--LIABILITY OF THIRD PARTIES

           Division 1--Notice of common law claims against third parties

   391.    Notice of common law claims against third parties  

           Division 2--Commission may institute proceedings or take over claims against third parties

   392.    Application of this Division to common law claims against third parties  
   393.    Commission may make the claim or take over the claim  
   394.    Commonwealth liable to pay costs of claim  
   395.    Commission may conclude claim  
   396.    Plaintiff must sign documents as required  
   397.    Plaintiff must do as the Commission requires  
   398.    What happens when damages are awarded  

           Division 3--Effect of recovering damages on entitlements under this Act

   399.    When Division applies  
   400.    Notifying damages  
   401.    Repaying compensation paid under this Act after damages recovered  
   402.    No compensation under this Act after damages recovered  

           Division 4--Payment of damages by persons to the Commonwealth

   403.    Payment of damages by persons to the Commonwealth  
            

CHAPTER 11--Miscellaneous
            

   PART 1--INDEXATION

   404.    Indexation of amounts  

   PART 2--OBTAINING AND GIVING INFORMATION ETC.

   405.    Power to obtain information  
   406.    Commission may obtain information etc.  
   407.    Self-incrimination  
   408.    Offence for selling etc. goods provided under this Act without consent  
   408A.   Manner of giving notice or other document  
   409.    Giving information  
   410.    Judicial notice to be taken of certain matters  
   411.    Evidence  
   412.    Providing tax file numbers  
   413.    How to satisfy the request under section 412  
   414.    Compensation when request is not satisfied initially  

   PART 3--RECOVERING OVERPAYMENTS

           Division 1--Recovery generally

   415.    Recovery of overpayments  

           Division 2--Recovery of overpayments to persons receiving a Commonwealth superannuation benefit

   416.    Notice to Commission of retirement of person  
   417.    Application of section 418  
   418.    Commission may give a notice to the administrator of the scheme  
   419.    Commission to give notice to incapacitated person  
   420.    What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment  
   421.    Administrator must pay the amount of overpayment to the Commonwealth  
   422.    Compliance by the administrator  

   PART 4--APPROPRIATION

   423.    Appropriation  

   PART 5--SPECIAL ASSISTANCE

   424.    Special assistance  

   PART 5A--CLEAN ENERGY PAYMENTS

           Division 6--Multiple entitlement exclusions

   424L.   Multiple entitlement exclusions  

   PART 6--GENERAL

   425.    Assignment, set-off or attachment of compensation  
   426.    Payments to Commissioner of Taxation  
   427.    Jurisdiction of courts with respect to extraterritorial offences  
   428.    Commission may write off a debt  
   429.    Commission may waive a debt  
   430.    Payment into bank account etc.  
   430A.   Use and disclosure of account details  
   431.    Payments at person's request  
   432.    Trustees for persons entitled to compensation  
   433.    Powers of the trustee generally  
   434.    Powers of Commonwealth etc. trustee to invest trust funds  
   435.    Powers of investment for non-Commonwealth trustee  
   436.    Provisions applicable on death of person  
   437.    Amounts of compensation  
   437A.   Delegation by Minister  
   438.    Delegation by Chief of the Defence Force  

   PART 7--REGULATIONS

   439.    Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4  
   440.    Regulations  


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