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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 40

Rule if rehabilitation authority for a person changes

  (1)   This section applies if a person's rehabilitation authority (the original rehabilitation authority ) changes to another rehabilitation authority (the new rehabilitation authority ) because of section   39.

  (2)   If:

  (a)   under subsection   44(2), the person requests the original rehabilitation authority to carry out an assessment of the person's capacity for rehabilitation; and

  (b)   the rehabilitation authority changes before the assessment begins;

the person's request is taken to have been made to the new rehabilitation authority.

  (3)   A determination of the original rehabilitation authority that is in force immediately before the rehabilitation authority changes has effect as a determination of the new rehabilitation authority. The new rehabilitation authority is responsible for giving effect to the determination.


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