Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 67

Guide to determining impairment and compensation

             (1)  The Commission may determine, in writing, a guide setting out:

                     (a)  criteria to be used in deciding the degree of impairment of a person resulting from a service injury or disease; and

                     (b)  methods by which the degree of that impairment can be expressed in impairment points on a scale from 0 to 100; and

                     (c)  criteria to be used in assessing the effect of a service injury or disease on a person's lifestyle; and

                     (d)  methods by which the effect of a service injury or disease on a person's lifestyle can be expressed as a numerical rating; and

                     (e)  methods by which the impairment points of a person, and the effect on a person's lifestyle, from a service injury or disease can be used to determine the compensation payable to the person under this Part by reference to the maximum compensation that can be payable to a person under this Part.

             (2)  The guide must:

                     (a)  specify different methods under paragraph (1)(e) for:

                              (i)  service injuries or diseases that relate to warlike service or non-warlike service; and

                             (ii)  other service injuries or diseases; and

                     (b)  specify a method for determining the compensation payable to a person who has both:

                              (i)  a service injury or disease that relates to warlike service or non-warlike service; and

                             (ii)  another service injury or disease.

             (3)  The Commission may, from time to time, repeal or amend the guide in writing.

             (4)  The guide, and any repeal or amendment of the guide, is a legislative instrument.

             (5)  Despite subsection 14(2) of the Legislation Act 2003 , the guide, or an amendment of the guide, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback