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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 86

Compensation for incapacitated part - time Reservists

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

  (a)   the person is a part - time Reservist for the week; and

  (b)   the Commission has accepted liability for a service injury or disease of the person; and

  (c)   either or both of the following applies:

  (i)   the service injury or disease results in the person's incapacity for service for the week;

  (ii)   the service injury or disease results in the person's incapacity for work for the week; and

  (d)   the Chief of the Defence Force has not advised the Commission under section   10 that the person is unlikely to be able to perform the duties of a part - time Reservist in the future; and

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

Note 1:   This section might be affected by the following provisions:

(a)   sections   50, 52 and 329 (failure to undergo examination or rehabilitation program);

(b)   section   88 (aggravations etc.);

(c)   section   196 (compensation for part weeks).

Note 2:   If the Chief of the Defence Force has advised the Commission under section   10 that a person is unlikely to be able to perform the duties of a part - time Reservist in the future, the person might be entitled to compensation under Part   4.

  (2)   The amount of compensation that the Commonwealth is liable to pay is worked out under section   89 or 89A.

Note:   The Commonwealth is not liable to pay compensation if the amount of compensation is nil or a negative amount.



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