Commonwealth Consolidated Acts

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

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 68

Entitlement to compensation for permanent impairment

  (1)   The Commonwealth is liable to pay compensation to a person if:

  (a)   the Commission has accepted liability for one or more service injuries or diseases (the compensable condition ) of the person; and

  (b)   the Commission is satisfied that:

  (i)   as a result of the compensable condition, the person has suffered an impairment; and

  (ii)   the impairment is likely to continue indefinitely; and

  (iii)   the person's compensable condition has stabilised; and

  (c)   a claim for compensation in respect of the person has been made under section   319.

Note 1:   The impairment must constitute a minimum number of impairment points for compensation to be payable (see sections   69 and 70). However, the impairment points from more than one service injury or disease can be combined to make up that minimum number.

Note 2:   This subsection might also be affected by sections   73 (indefinite impairments) and 389 (choice to institute action for damages).

  (2)   The Commission must determine:

  (a)   the degree of impairment suffered by the person as a result of the compensable condition; and

  (b)   the date on which the person became entitled to compensation under this section by satisfying paragraph   (1)(b) and sections   69 and 70 (if applicable).


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback