Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 10

Determinations for part - time Reservists and cadets who are unlikely to return to defence service

Determination that part - time Reservist unlikely to return to defence service

  (1)   If a claim for compensation has been made under section   319 in respect of a part - time Reservist, the Chief of the Defence Force may advise the Commission in writing if the Reservist is unlikely to be able to perform the duties of a part - time Reservist in the future as a result of his or her incapacity.

Determination that cadet unlikely to return to defence service

  (2)   If a claim for compensation has been made under section   319 in respect of a cadet, the commanding officer of the cadet's unit may advise the Commission in writing if the cadet is unlikely to be able to perform the duties of a cadet in the future as a result of his or her incapacity.

Person taken to have ceased to be a member

  (3)   If the Commission is given an advice in respect of a person under subsection   (1) or (2), the person is taken to have ceased to be a member for the purposes of this Act.

Advice to specify the date

  (4)   The advice must specify the date (which must not be retrospective) from which the person is taken to have ceased to be a member for the purposes of this Act.


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