Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
This Act provides for:
(a) compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and
(aa) rehabilitation programs for current or former members of the Defence Force (including some who have made a claim for acceptance of liability by the Commission for a service injury or disease and some who have not made such a claim and who need not have a service injury or disease); and
(b) compensation and other benefits to be provided for the dependants of some deceased members; and
(c) certain assistance (such as child care, counselling and household services) to members or former members or to related persons of members, former members or deceased members.
Before most benefits can be paid or provided, the Commission must accept liability for an injury, disease or death of a current or former member under Chapter 2. Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability.
The procedure for dealing with claims under this Act is dealt with under Chapters 7 and 8. The Military Rehabilitation and Compensation Commission and the administration of the Act are dealt with in Chapters 9 to 11.
Provisions in this Act might be affected by the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .
A person who is entitled to a benefit under this Act might also be entitled to a pension, allowance or other benefit under the Veterans' Entitlements Act 1986 . This might include the following:
(a) a service pension under Part III of that Act;
(b) treatment under Part V of that Act;
(c) veterans supplement, a Victoria Cross allowance or Income Support Supplement;
(d) a funeral benefit.
A condition for most benefits under this Act is that the Commission has accepted liability for an injury, disease or death. The Commission accepts liability if there is some connection between the injury, disease or death and defence service.
The process for deciding whether to accept liability is as follows:
(a) first, a person makes a claim under section 319 for acceptance of liability for an injury, disease or death (the rules for making claims are found in Chapter 7);
(b) then, the Commission decides whether the injury, disease or death is a service injury, disease or death under Part 3;
(c) then, the Commission decides whether it is prevented from accepting liability for the injury, disease or death because of an exclusion under Part 4 (for example, because the injury, disease or death resulted from a serious default or a wilful act).
The Commission must accept liability if the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply.
The effect of this Chapter in respect of cadets and declared members might be modified by the regulations (see section 439).
The Commission accepts liability for an injury, disease or death under this Part.
The Commission must accept liability if a claim for acceptance of liability has been made under section 319, the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply.
There are 2 standards of proof that the Commission applies in deciding matters under this Chapter (and the rest of the Act).
The more beneficial standard of proof (in subsections 335(1) and (2)) applies to some claims that an injury, disease or death is a service injury, disease or death that relates to warlike or non - warlike service. The other standard of proof (in subsection 335(3)) applies to all other decisions under this Chapter.
For some claims for acceptance of liability for an injury, disease or death the standard of proof can only be met if the injury or disease, or the cause of death, is covered by a Statement of Principles (see sections 338 and 339). (Chapter 7 has more rules about the Statements of Principles.)
A Statement of Principles is an instrument made under the Veterans' Entitlements Act 1986 . The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.
For other claims for acceptance of liability, the Statements of Principles are not relevant.
This Part defines service injury , service disease and service death .
An injury, disease or death is a service injury, disease or death if:
(a) it is related to defence service in the ways mentioned in section 27 or 28; or
(b) it resulted from certain treatment provided by the Commonwealth (see section 29); or
(c) an aggravation of, or a material contribution to, a sign or symptom of the injury or disease relates to defence service (see section 30).
Even if the Commission decides that an injury, disease or death is a service injury, disease or death, the Commission might be prevented from accepting liability for that injury, disease or death because of an exclusion under this Part.
There are 5 kinds of exclusions. They relate to the following:
(a) serious defaults or wilful acts etc.;
(b) reasonable counselling about a person's performance as a member;
(c) false representations;
(d) travel during peacetime service;
(e) the use of tobacco products.
This Chapter provides for the following for certain current and former members suffering a service injury or disease:
(b) assistance in finding suitable defence or civilian work;
(c) assistance in moving from defence service to civilian life.
This Chapter also provides for rehabilitation programs for certain current and former members who:
(a) have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined; or
(b) have not made such a claim and who need not have a service injury or disease.
The capacity for rehabilitation of a person with a service injury or disease is assessed under Part 2. If the person is capable of rehabilitation, he or she may be required to undertake a rehabilitation program under that Part.
Part 2 also provides for rehabilitation for certain persons who have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined.
Part 2A provides for a non - liability rehabilitation pilot for certain members or former members who have not made such a claim and who need not have a service injury or disease.
Under Part 3, a person who is undertaking a rehabilitation program, or a person who cannot undertake a program, can have his or her home or place of work etc. altered or an aid or appliance provided.
All members and former members who are incapacitated for service or work are assisted in finding suitable work under Part 4.
A case manager is appointed under Part 5 to assist a Permanent Forces member, a continuous full - time Reservist or a part - time Reservist move to civilian life if the person is likely to be discharged from the Defence Force.
This Part applies to a person who is incapacitated for service or work, or who is impaired, as a result of a service injury or disease.
Most decisions under this Part are made by the person's rehabilitation authority. The rehabilitation authority is either the Chief of the Defence Force or the Commission.
The rehabilitation authority, either on its own initiative or on the person's request, carries out an initial assessment of the person's capacity for rehabilitation. The person might be required to undergo an examination (paid for by the Commonwealth) as part of the assessment. (Compensation can be paid for costs incurred in travelling to the examination.)
Once the assessment is done, the rehabilitation authority decides if the person should undertake a rehabilitation program (provided by an approved program provider). In certain cases, the rehabilitation authority can stop or vary the program once it has begun.
A person's right to compensation can be suspended if the person fails to undergo an examination or fails to undertake the program as required.
This Part also provides for rehabilitation for certain persons who have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined.
There is a non - liability rehabilitation pilot for certain members or former members who:
(a) have not made a claim for acceptance of liability by the Commission for a service injury or disease; and
(b) need not have a service injury or disease.
For these members or former members, a rehabilitation program is to be provided that consists of either or both of the following:
(a) vocational assessment and rehabilitation;
This Part applies to a person with an impairment from a service injury or disease who is either undertaking a rehabilitation program or who cannot undertake a program.
If it is reasonably required for the person, the Commission can:
(a) alter the person's home or work; or
(b) alter articles used by the person; or
(c) repair or provide aids or appliances for the person.
All members and former members who are incapacitated for service or work from a service injury or disease are assisted in finding suitable work under this Part.
The work might be work in the Defence Force or civilian work.
The employers providing civilian work may be entitled to payments under a scheme determined by the Commission.
This Chapter provides for compensation and other benefits to be provided for current and former members who suffer a service injury or disease.
Part 2 provides for compensation to be provided for current and former members who have suffered a permanent impairment.
Part 3 provides for compensation to be provided for current members who are incapacitated for service from a service injury or disease. Current part - time Reservists, cadets and declared members who are incapacitated for work can also be paid compensation under that Part.
Part 4 provides for compensation to be provided for former members who are incapacitated for work from a service injury or disease.
Part 5 contains rules for adjusting the amount of compensation the Commonwealth is liable to pay under Parts 3 and 4.
Some former members who have suffered a serious impairment from an injury or disease can choose to be paid a Special Rate Disability Pension under Part 6 instead of compensation under Part 4.
Part 7 provides for additional compensation and benefits to be provided, such as compensation to modify vehicles, and compensation for household and attendant care services and damage to a member's medical aid. Part 7 also provides for the payment of MRCA supplement.
Compensation is payable for permanent impairment that occurs as a result of one or more service injuries or diseases if the degree of that impairment is above a certain level.
The level of impairment is measured in impairment points according to a guide prepared by the Commission.
Interim compensation can be payable to a person whose condition has not stabilised.
The compensation is payable weekly unless the person chooses to convert some or all of the weekly amount to a lump sum.
A severely impaired person who has a dependent child is entitled to an additional lump sum.
This Part provides for compensation to be provided for current members who are incapacitated for service as a result of a service injury or disease. The Part also provides for compensation for some current part - time Reservists, cadets and declared members who are incapacitated for work as a result of a service injury or disease.
The Commission must have accepted liability for the injury or disease, and a claim must have been made in respect of the member, to be entitled to the compensation.
The amount of compensation a member receives for a week depends on the difference between the member's normal and actual earnings for the week. The member's normal earnings are a notional amount. The member's actual earnings are based on how much the member actually earns for the week.
Normal earnings are worked out under Divisions 2 to 6, depending on the member's current status (for example, as a Permanent Forces member or a Reservist) and their status at the time the service injury or disease occurred.
Division 7 deals with how to work out the amount of compensation a member receives for a week if the member receives or has received a benefit under a Commonwealth superannuation scheme. (However, the amount of compensation the member receives for a week might be worked out under Divisions 2 to 6 if the member has applied for the benefit, but has not begun to receive or has not received the benefit (see section 89B).)
Part 5 of this Chapter contains other important rules that apply in working out normal earnings, actual earnings and the amount of compensation generally.
This Division tells you how to work out the normal and actual earnings for a Permanent Forces member or a continuous full - time Reservist who is incapacitated for service.
The normal earnings are based on how much the member would have earned for the week if the member were not incapacitated. Normal earnings worked out under this Division might be adjusted under Part 5.
Section 92 tells you how to work out actual earnings.
This Division tells you how to work out the normal and actual earnings for a person who is currently a part - time Reservist and who was a part - time Reservist when the service injury or disease occurred. (For example, this Division would apply to a person who has always been a part - time Reservist.)
The Reservist's normal earnings are made up of an ADF component and a civilian component. For a Reservist who is incapacitated for both service and work:
(a) the ADF component is based on how much the Reservist would have earned as a part - time Reservist if the Reservist were not incapacitated for service; and
(b) the civilian component is based on how much the Reservist earned from civilian work during an example period taken from before the onset of the incapacity for work.
Normal earnings worked out under this Division might be adjusted under Part 5.
Subdivision E tells you how to work out actual earnings.
(a) who is currently a part - time Reservist; and
(b) who was a Permanent Forces member or a continuous full - time Reservist when the service injury or disease occurred; and
(c) whose last period of full - time service was as a Permanent Forces member.
The normal earnings are based on the amount the person would have earned if the person were still a Permanent Forces member.
Normal earnings worked out under this Division might be adjusted under Part 5.
Section 105 tells you how to work out actual earnings.
(a) who is currently a part - time Reservist; and
(b) who was a Permanent Forces member or a continuous full - time Reservist when the service injury or disease occurred; and
(c) whose last period of full - time service was as a continuous full - time Reservist.
The Reservist has a one - off choice between 2 ways of working out normal earnings. Normal earnings can be based on the amount the person would have earned if the person were still a continuous full - time Reservist. (This amount is called the full - time ADF earnings.) Alternatively, normal earnings can be based on the Reservist's earnings from other work engaged in before beginning his or her last period of continuous full - time service. (This amount is called the pre - CFTS earnings.)
Normal earnings worked out under this Division might be adjusted under Part 5.
The pre - CFTS earnings are worked out by looking back at the period before the Reservist began his or her last period of continuous full - time service. During this period, the Reservist might have been a part - time Reservist as well as being engaged in other work.
The Reservist's pre - CFTS earnings have 2 components: pre - CFTS pay and reserve pay. The Reservist's pre - CFTS pay is based on earnings from work the Reservist was engaged in before beginning the last period of continuous full - time service. The work engaged in might be civilian work or defence work (as some people become continuous full - time Reservists after being Permanent Forces members). The Reservist's reserve pay is based on earnings from service as a part - time Reservist.
However, for a Reservist whose service injury or disease occurred while a continuous full - time Reservist, the Commission may determine pre - CFTS earnings by looking back at the period before the onset date for the Reservist's incapacity instead of the period before the Reservist began his or her last period of continuous full - time service.
This Division tells you how to work out the amount of compensation a member receives for a week if the member receives or has received a benefit under a Commonwealth superannuation scheme. (However, this Division might not apply if the member has applied for the benefit, but has not begun to receive or has not received the benefit (see section 89B).)
The method of working out the amount of compensation depends on whether the member:
(a) is receiving only a Commonwealth superannuation pension (see section 116B); or
(b) has received only a Commonwealth superannuation lump sum (see section 116C); or
(c) has received a lump sum and is receiving a pension (see section 116D).
Basically, the amount of compensation paid is the amount worked out under Division 1 reduced by the amount of superannuation received.
This Part provides for compensation to be provided for former members who are incapacitated for work as a result of a service injury or disease. The Commission must have accepted liability for the injury or disease, and a claim must have been made in respect of the former member, to be entitled to the compensation.
The amount of compensation a person receives for a week depends on the difference between the person's normal and actual earnings for the week. The person's normal earnings are a notional amount. The person's actual earnings are based on how much the person actually earns for the week.
Normal earnings are worked out under Divisions 3 to 8.
Division 3 applies to a person who left the Defence Force as a Permanent Forces member. Division 4 applies to a person who left the Defence Force as a continuous full - time Reservist.
Divisions 5 to 8 apply to a person who left the Defence Force as a part - time Reservist. The Division that applies depends on the person's status (for example, as a Permanent Forces member or a Reservist) when the service injury or disease occurred and on leaving the Defence Force.
Division 9 applies to a person who was a cadet or declared member.
Part 5 of this Chapter contains other important rules that apply in working out normal earnings, actual earnings and the amount of compensation generally.
Different methods for working out the amount of compensation apply in different situations (such as where a person is receiving or has received a benefit under a Commonwealth superannuation scheme). This Subdivision gives an overview of where these different methods are found in this Division.
The normal rule for working out the amount of compensation is found in Subdivision C.
Special rules apply in the following cases:
(a) retired persons who are receiving or have received a benefit under a Commonwealth superannuation scheme (although the amount of compensation the persons receive might be worked out under Subdivision C if the persons have applied for the benefit, but have not begun to receive or have not received the benefit) (see sections 126 and 126A);
(b) those maintained in hospitals etc. (see section 127);
(c) those receiving small amounts of compensation (see Subdivision E);
(d) those who choose to receive a Special Rate Disability Pension (see Part 6).
This Subdivision tells you the normal rule for working out the amount of compensation for a former member.
The person is paid a full amount of compensation for at least the first 45 weeks of the incapacity. A reduced rate of compensation might be paid after that depending on how many hours a week the person is working.
This Subdivision tells you how to work out the amount of compensation a person receives for a week if the person receives or has received a benefit under a Commonwealth superannuation scheme. (However, this Subdivision might not apply if the person has applied for the benefit, but has not begun to receive or has not received the benefit (see section 126A).)
The method of working out the amount of compensation depends on whether the person:
(a) is receiving only a Commonwealth superannuation pension (see section 134); or
(b) has received only a Commonwealth superannuation lump sum (see section 135); or
(c) has received a lump sum and is receiving a pension (see section 136).
Basically, the amount of compensation paid is the amount worked out under Subdivision C reduced by the amount of superannuation received.
Under this Subdivision, a person who receives weekly compensation of $150 or less is entitled to convert that amount into a lump sum if the person is still working or is receiving or has received a benefit under a Commonwealth superannuation scheme.
If the person later stops working because the person's condition deteriorates, or the person stops receiving the superannuation, then the person can be paid compensation on a weekly basis again.
This Division tells you how to work out the normal earnings for a person who left the Defence Force as a Permanent Forces member.
The normal earnings are based on how much the person would have earned for the week if the person were still a Permanent Forces member.
Normal earnings worked out under this Division might be adjusted under Part 5.
This Division tells you how to work out the normal earnings for a person who left the Defence Force as a continuous full - time Reservist.
The person has a one - off choice between 2 ways of working out normal earnings. Normal earnings can be based on the amount the person would have earned if the person were still a continuous full - time Reservist. (This amount is called the ADF earnings.) Alternatively, normal earnings can be based on the person's earnings from other work engaged in before beginning his or her last period of continuous full - time service. (This amount is called the pre - CFTS earnings.)
Normal earnings worked out under this Division might be adjusted under Part 5.
Subdivision E tells you how to work out the normal weekly hours for a person who chooses the pre - CFTS earnings. (Normal weekly hours for a person who chooses the ADF earnings are 37.5 hours (see subsection 132(2).)
The pre - CFTS earnings are worked out by looking back at the period before the person began his or her last period of continuous full - time service. During this period, the person might have been a part - time Reservist as well as being engaged in work.
The person's pre - CFTS earnings has 2 components: pre - CFTS pay and reserve pay.
The person's pre - CFTS pay is based on earnings from work the person was engaged in before beginning the last period of continuous full - time service. The work engaged in might be civilian work or defence work (as some people become continuous full - time Reservists after being Permanent Forces members).
The person's reserve pay is based on earnings from service as a part - time Reservist.
(a) was a part - time Reservist when the service injury or disease occurred; and
(b) was still a part - time Reservist when he or she left the Defence Force; and
(c) was working in civilian work before leaving the Defence Force.
The person's normal earnings are made up of an ADF component and a civilian component. The ADF component is based on how much the person would have earned as a part - time Reservist if the person were still a part - time Reservist. The civilian component is based on how much the person earned from civilian work during an example period taken before the person left the Defence Force.
Normal earnings worked out under this Division might be adjusted under Part 5.
Subdivision E tells you how to work out the normal weekly hours for the person.
(a) was a part - time Reservist when the service injury or disease occurred; and
(b) was still a part - time Reservist when he or she left the Defence Force; and
(c) was not working in civilian work before leaving the Defence Force.
Basically, the person's normal earnings are 7 times the daily rate that the person would be paid if the person were still a part - time Reservist.
Normal earnings worked out under this Division might be adjusted under Part 5.
(a) who was a Permanent Forces member or a continuous full - time Reservist when the service injury or disease occurred; and
(b) who was a part - time Reservist when he or she left the Defence Force; and
(c) whose last period of full - time service was as a Permanent Forces member.
The normal earnings are based on how much the person would have earned if the person were still a Permanent Forces member.
Normal earnings worked out under this Division might be adjusted under Part 5.
(a) who was a Permanent Forces member or a continuous full - time Reservist when the service injury or disease occurred; and
(b) who was a part - time Reservist when he or she left the Defence Force; and
(c) whose last period of full - time service was as a continuous full - time Reservist.
The person has a one - off choice between 2 ways of working out normal earnings. Normal earnings can be based on the amount the person would have earned if the person were still a continuous full - time Reservist. (This amount is called the full - time ADF earnings.) Alternatively, normal earnings can be based on the person's earnings from other work engaged in before beginning his or her last period of continuous full - time service. (This amount is called the pre - CFTS earnings.)
Normal earnings worked out under this Division might be adjusted under Part 5.
Subdivision D tells you how to work out the normal weekly hours for a person who chooses the pre - CFTS earnings. (Normal weekly hours for a person who chooses the ADF earnings are 37.5 hours (see subsection 132(2).)
The pre - CFTS earnings are worked out by looking back at the period before the person began his or her last period of continuous full - time service. During this period, the person might have been a part - time Reservist as well as being engaged in work.
The person's pre - CFTS earnings have 2 components: pre - CFTS pay and reserve pay.
The person's pre - CFTS pay is based on earnings from work the person was engaged in before beginning the last period of continuous full - time service. The work engaged in might be civilian work or defence work (as some people become continuous full - time Reservists after being Permanent Forces members).
The person's reserve pay is based on earnings from service as a part - time Reservist.
However, for a person whose service injury or disease occurred while a continuous full - time Reservist, the Commission may determine pre - CFTS earnings by looking back at the period before the person last ceased to be a member of the Defence Force instead of the period before the person began his or her last period of continuous full - time service.
This Part sets out some important rules relating to a person's normal earnings, actual earnings and the amount of compensation paid under Part 3 or 4.
Division 2 has some general rules that apply when working out normal and actual earnings.
Division 3 adjusts normal earnings for persons whose normal earnings relate to ADF pay.
Division 4 adjusts normal earnings for persons whose normal earnings relate to civilian pay.
Division 5 sets out how to work out compensation for part of a week.
(a) the amount of a person's normal earnings if his or her normal earnings are less than the relevant minimum wage set by a national minimum wage order;
(b) amounts to be excluded in working out normal and actual earnings;
(c) matters to be considered when determining actual earnings;
(d) indexation.
This Division adjusts the amount of a person's normal earnings worked out under Part 3 or 4 if the normal earnings relate to ADF pay.
The normal earnings are adjusted in the following situations:
(a) if a person's pay would increase (because of an increment increase, a pay rise or a promotion);
(b) if a pay - related allowance, or the category of defence work that is used to determine the person's normal earnings, is abolished;
(c) if the person is injured during initial training.
(a) the amount is varied during the example period; or
(b) it is impracticable to work it out for the person.
This Part provides a choice for severely impaired people (at least 50 impairment points) who are unable to work more than 10 hours per week to receive a pension under this Part instead of compensation worked out under Division 2 of Part 4.
The rate of the pension is the same as the rate applicable under section 24 of the Veterans' Entitlements Act 1986 . However, the rate may be reduced for a recipient who receives an amount under Part 2 (permanent impairment) or who receives or has received a benefit under a Commonwealth superannuation scheme.
A person who works more than 10 hours per week stops receiving the Special Rate Disability Pension. However, the person might still be eligible for assistance under the Return to Work Scheme determined by the Commission under section 210, or compensation worked out under Division 2 of Part 4.
This Part provides other types of compensation for current and former members who have suffered a service injury or disease.
A person who, because of an impairment resulting from a service injury or disease, has special requirements for his or her car can obtain compensation under Division 2.
Compensation is provided under Division 3 for household and attendant care services that are required because of a service injury or disease.
MRCA supplement is provided under Division 4.
Compensation for loss or damage to a member's medical aid might be provided under Division 5 (but only if the member has not claimed compensation for a related service injury or disease).
This Chapter provides for compensation and other benefits for dependants of certain deceased, current and former members.
Most of the benefits are provided to dependants of deceased members to whom section 12 applies. That section applies to a deceased member who died from a service death or who suffered a serious impairment from a service injury or disease before his or her death.
Part 2 provides compensation for the partners of these members if the partners were wholly dependent on the member before the member's death.
Part 3 provides compensation for the children of these members. Other young people who were dependent on a deceased member before the member's death might also be entitled to compensation.
The Commission can set up a scheme under Part 3 to provide education and training for the children and young dependants of deceased members, as well as for the children and young dependants of some current and former members.
Part 4 provides compensation for other dependants who were wholly or partly dependent on a deceased member to whom section 12 applies.
Part 5 provides compensation for the cost of such a deceased member's funeral.
This Part provides compensation for the partners of deceased members in respect of whom section 12 applies if the partner was wholly dependent on the member before his or her death.
Division 2 provides that compensation is payable weekly, but that the partner may choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum. Division 2 also provides additional lump sum compensation for a partner if the deceased member died from a service death.
Division 3 provides compensation for the cost of financial advice and legal advice obtained for a partner who is entitled to compensation under Division 2.
Division 4 provides a partner with a further lump sum if the deceased member received some types of compensation under Chapter 4.
The partner might be entitled to MRCA supplement under Division 5.
A partner who is entitled to compensation under this Chapter might also be entitled to have free treatment, or compensation for treatment, provided under Chapter 6.
This Part provides compensation and other benefits for the children of certain deceased, current and former members. Young dependants under 25 might also be entitled to compensation or benefits even though they are not the child of a deceased, current or former member.
Divisions 2 to 4 provide compensation to children and young people who were dependants of deceased members to whom section 12 applies.
Division 2 provides lump sum compensation for most children and young people. Divisions 3 and 4 provide an additional weekly amount and lump sum for certain children and young people who were wholly or mainly dependent on deceased members.
Under Division 6, the Commission can set up a scheme to provide education and training for children and young people who are the dependants of certain deceased, current and former members.
A child or young person who is entitled to compensation under this Chapter might also be entitled to have free treatment, or compensation for treatment, provided under Chapter 6.
This Part provides compensation for dependants of deceased members to whom section 12 applies (other than partners and children of those members).
Each dependant can be paid a lump sum determined by the Commission.
This Chapter deals with the provision of treatment for injuries and diseases for certain current and former members and dependants of deceased members.
Part 3 deals with a person's entitlement to treatment. Some people are entitled to treatment for a service injury or disease, while other people are entitled to treatment for any injury or disease.
Part 4 deals with compensation and MRCA supplement. A person may be compensated for the cost of treatment in special circumstances, such as treatment reasonably obtained before the Commission determines that the person is entitled to treatment under Part 3. Compensation for costs incurred in travelling to obtain treatment is also provided for. Part 4 also provides for MRCA supplement for those who are entitled to treatment under Part 3.
Generally, a claim for compensation must be made under section 319 to be entitled to treatment or compensation under this Chapter.
Part 5 contains offence provisions relating to treatment compensated or provided for under this Chapter. The offences relate to conduct by those claiming compensation or treatment under this Chapter, as well as conduct by practitioners and providers of pathology services.
This Part provides for treatment to be provided for the injuries and diseases of certain current and former members and dependants of deceased members.
Current and former members might be entitled to treatment for a service injury or disease rather than treatment under regulations made under the Defence Act 1903 .
Current and former members who have suffered a serious impairment from a service injury or disease are entitled to treatment for any injury or disease.
Some partners and young dependants (such as children) of deceased members in respect of whom section 12 applies are also entitled to treatment for any injury or disease.
Generally, a claim for compensation in respect of the person must be made under section 319 to be entitled to the treatment.
Treatment might not be provided for an aggravated injury or disease if the aggravation or material contribution ceases.
Former members might be entitled to treatment for an injury or disease under this Part rather than receiving compensation for medical expenses under the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988 . The Commission accepts liability for such an injury or disease under that Act and not this Act.
The Commission can arrange for treatment under this Part in accordance with arrangements it has with hospitals and doctors etc. or in accordance with a determination it makes under Division 4 of this Part.
A person who is entitled to treatment under this Part might also be entitled under Part 4 to compensation for the cost of treatment reasonably obtained before the Commission determines that the person is so entitled and for costs incurred in travelling to obtain the treatment. MRCA supplement is also payable under Part 4 for those who are entitled to treatment under this Part.
Division 1A of this Part provides for compensation for the cost of treatment in special circumstances. This includes treatment that a person reasonably obtains before the Commission determines that the person is entitled to treatment under Part 3 or if the person dies after receiving treatment.
Division 2 of this Part provides for compensation for costs incurred in some travel taken by a patient to obtain treatment. The Commission can also approve an attendant to accompany the patient and pay the attendant's travel costs. The costs of the patient's or attendant's accommodation can be paid if they have to stay at a place to obtain the treatment.
Division 3 of this Part provides for compensation for costs incurred by certain persons in transporting another person to a hospital etc. or a mortuary.
Division 4 provides for MRCA supplement for those who are entitled to treatment under Part 3 of this Chapter.
This Part contains offences relating to treatment provided or compensated under this Chapter.
The offences relate to:
(a) false or misleading statements or documents given in respect of treatment; and
(b) medical service providers who cause or threaten detriment to others; and
(c) medical service providers who bribe practitioners in respect of treatment; and
(d) practitioners who accept bribes in respect of treatment; and
(e) pathology practitioners who provide payments or services to other practitioners with whom they have arrangements.
There are other offence provisions in the Criminal Code that might also apply (such as in Parts 7.3 (fraudulent conduct), 7.4 (false or misleading statements) and 7.7 (forgery)).
The Criminal Code and the Crimes Act 1914 also contain provisions that are relevant to offences generally.
Most benefits under this Act require a claim to have been made under section 319 in respect of a person. This Part sets out the rules that apply in making claims.
A claim can be made for:
(a) acceptance of liability for an injury, disease or death; or
(b) acceptance of liability for the loss of or damage to a member's medical aid;
(c) compensation.
The claim can be made by a current or former member who suffered a service injury or disease, a dependant of a deceased member, or a person who is entitled to compensation. A claim can also be made on behalf of such a person.
Once a claim is made, the Commission must investigate the claim. As part of this investigation, the Commission can assess the needs of a person who has made a claim for acceptance of liability for a service injury or disease (including by requiring the person to undergo an examination).
The Commission can require information or documents that are relevant to a claim to be provided. The Chief of the Defence Force or a person who has made a claim can require the Commission to provide information or documents that are relevant to a claim.
The Commission must decide all claims under this Act in accordance with this Part. In deciding claims, the usual technicalities and rules that apply to courts do not apply to the Commission. The standards of proof that apply in determining issues under this Act are found in section 335.
There are 2 standards of proof that the Commission applies in deciding matters under this Part (and the rest of the Act).
The more beneficial standard of proof (in subsections 335(1) and (2)) only applies to some claims that relate to warlike or non - warlike service. The other standard of proof (in subsection 335(3)) applies to all other decisions under this Act.
This Part also introduces the Statements of Principles regime under sections 338 and 339. For some claims for acceptance of liability for an injury, disease or death the standard of proof can only be met if the injury or disease, or the cause of death, is covered by a Statement of Principles.
A Statement of Principles is an instrument made under the Veterans' Entitlements Act 1986 ( VEA ). The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.
The process for making Statements of Principles is found in Part XIA of the VEA. A person who is entitled to a benefit under this Act can apply under the VEA to the Repatriation Medical Authority ( RMA ) to investigate a particular injury, disease or death or review one of its previous decisions about a Statement of Principles.
Under Part XIB of the VEA, the Specialist Medical Review Council can review decisions of the RMA about Statements of Principles. The Commission can also override an RMA decision about a Statement of Principles under section 340 of this Act.
Most determinations made by the Commission (the original determinations ) can be reconsidered and reviewed. This also applies to decisions of the Chief of the Defence Force about rehabilitation.
The Commission or the Chief of the Defence Force must give notice of an original determination to the claimant. The notice must set out the terms of and the reasons for the determination and the claimant's right to apply for review.
A claimant who has received notice of an original determination can ask the Veterans' Review Board to review it. If dissatisfied with the determination on review (the reviewable determination ), the claimant can apply to the Administrative Appeals Tribunal for review of the reviewable determination.
The Commission or the Chief of the Defence Force can also initiate reconsideration of original determinations made by the Commission or the Chief of the Defence Force.
The Military Rehabilitation and Compensation Commission is established under Part 2 of this Chapter.
The Commission's functions are set out in Part 3.
Parts 4, 5 and 6 deal with the administration of the Commission, and include provisions relating to members, acting members and meetings of the Commission.
Part 7 deals with staff, consultants, delegations of the Commission and the Commission's annual report.
Part 7 of the Acts Interpretation Act 1901 also has provisions that are relevant to members and acting members of the Commission.
This Chapter deals with the situation where a person who is entitled to compensation under this Act for an injury, disease, death or loss (the compensable loss ) has, or may have, a right to recover damages apart from this Act for the compensable loss.
Part 2 prohibits actions against the Commonwealth for the compensable loss. However, it allows the person a choice to take action against the Commonwealth to recover limited damages for non - economic loss.
Part 3 deals with payment or recovery of compensation under this Act if
damages are recovered from a third party. It also allows the Commission to
make or take over claims in certain cases.