Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 345

  (1)   In this Chapter:

"original determination" means:

  (a)   a determination of the Commission under this Act (including a determination under subsection   347(3) or 347A(2) or (4)) that is not specified in subsection   (2); or

  (b)   a determination of the Chief of the Defence Force under this Act (including a determination under subsection   347(3)) that relates to rehabilitation for a person if the Chief of the Defence Force is the rehabilitation authority of the person.

"reviewable determination" means:

  (a)   a determination under subsection   350(2) revoking, confirming or varying an original determination; or

  (b)   a determination that has been varied under subsection   348(1); or

  (c)   a determination under Part   4 by the Board on review of an original determination (except a determination that has been varied under subsection   348(1)).

  (2)   These determinations of the Commission are not original determinations :

  (a)   a determination under section   50, 52, 329 or 397 (suspending compensation);

  (b)   a determination under section   67 (guide to determining impairment and compensation);

  (ba)   a determination or revocation under section   89B or 126A (payments before a person receives a Commonwealth superannuation benefit);

  (c)   a determination under section   210 (Return to Work Scheme);

  (d)   a determination under section   212 (Motor Vehicle Compensation Scheme);

  (da)   a determination under subsection   213(2) (conditions for the purposes of the definition of catastrophic injury or disease in subsection   213(1));

  (e)   a determination under section   258 (education scheme for certain eligible young persons);

  (f)   a determination about the compensation to be provided under that education scheme;

  (h)   a determination under Part   3 of Chapter   6 (entitlement to provision of treatment);

  (i)   a determination under section   315 or 415 to recover an overpayment (but not as to the amount that should be recovered);

  (j)   a determination under section   316 to recover interest (but not as to the amount that should be recovered);

  (l)   a determination under section   428 to write off a debt (but not as to the amount that should be written off);

  (m)   a determination under section   429 to waive a debt (but not as to the amount that should be waived);

  (n)   a determination that has been varied under subsection   348(1);

  (o)   a determination under subsection   349(6) (extending the period within which a request for reconsideration must be made).