Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Military Rehabilitation and Compensation Act 2004
1 Subsection 5(1) (definition of service chief )
Repeal the definition.
2 Subsection 10(1)
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
3 Section 37
Omit:
A case manager is appointed under Part 5 to assist a full - time member move to civilian life if the member is likely to be discharged from the Defence Force.
substitute:
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.
4 Subsection 39(1)
Omit "service chief of each arm of the Defence Force", substitute "Chief of the Defence Force".
5 Paragraph 39(3)(a)
Omit "the person's service chief for", substitute "subject to paragraph ( aa), the Chief of the Defence Force for".
6 Subparagraph 39(3)(a)(i)
Omit "or a continuous full - time Reservist", substitute ", a continuous full - time Reservist or a part - time Reservist".
7 Subparagraph 39(3)(a)(ii)
Omit "person's service chief", substitute "Chief of the Defence Force".
8 After paragraph 39(3)(a)
Insert:
(aa) if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time--the Commission for that time; or
9 At the end of section 39
Add:
(4) A determination made under paragraph ( 3)(aa) is not a legislative instrument.
10 Section 42
Omit:
Most decisions under this Part are made by the person's rehabilitation authority. The rehabilitation authority is either the person's service chief or the Commission.
substitute:
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.
11 Paragraphs 61(3)(a), (b) and (c)
Omit "person's service chief", substitute "Chief of the Defence Force".
12 Section 63
Repeal the section, substitute:
63 Simplified outline of this Part
Under this Part, a case manager is appointed to assist a Permanent Forces member, a continuous full - time Reservist or a part - time Reservist move from the Defence Force to civilian life if the member or Reservist is likely to be discharged from the Defence Force for medical reasons (whether or not as a result of a service injury or disease).
13 Paragraph 64(1)(a)
Omit "or a continuous full - time Reservist", substitute ", a continuous full - time Reservist or a part - time Reservist".
14 Paragraph 64(1)(b)
Omit "person's service chief", substitute "Chief of the Defence Force".
15 Subsection 64(2)
Omit "person's service chief", substitute "Chief of the Defence Force".
16 Paragraph 86(1)(d)
Omit "person's service chief", substitute "Chief of the Defence Force".
17 Subsection 86(1) (note 2)
Repeal the note, substitute:
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.
18 Subsection 91(4)
Omit "member's service chief", substitute "Chief of the Defence Force".
19 Subsection 96(2)
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
20 Subsection 96(3) (definition of pay - related allowance days )
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
21 Subsection 96(3) (definition of reserve days )
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
22 Subsection 104(4)
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
23 Subsection 109(4)
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
24 Subsection 114(2)
Omit "Reservist's service chief", substitute "Chief of the Defence Force".
25 Subsection 141(4)
Omit "person's service chief", substitute "Chief of the Defence Force".
26 Subsection 144(4)
Omit "person's service chief", substitute "Chief of the Defence Force".
27 Subsection 149(2)
Omit "person's service chief", substitute "Chief of the Defence Force".
28 Subsection 154(2)
Omit "person's service chief", substitute "Chief of the Defence Force".
29 Subsection 161(2)
Omit "person's service chief", substitute "Chief of the Defence Force".
30 Subsection 164(4)
Omit "person's service chief", substitute "Chief of the Defence Force".
31 Subsection 168(4)
Omit "person's service chief", substitute "Chief of the Defence Force".
32 Subsection 173(2)
Omit "person's service chief", substitute "Chief of the Defence Force".
33 Subsection 188(6) (definition of cessation date )
Omit "person's service chief", substitute "Chief of the Defence Force".
34 Subsection 189(3)
Omit "person's service chief", substitute "Chief of the Defence Force".
35 Paragraphs 189(3)(a), (b), (c) and (d)
Omit "service chief", substitute "Chief of the Defence Force".
36 Paragraph 272(e)
Omit "member's service chief", substitute "Chief of the Defence Force".
37 Paragraph 279(d)
Omit "member's service chief", substitute "Chief of the Defence Force".
38 Section 318
Omit:
The Commission can require information or documents that are relevant to a claim to be provided. A service chief or a person who has made a claim can require the Commission to provide information or documents that are relevant to a claim.
substitute:
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.
39 Subsections 319(3) and (4)
Omit "person's service chief", substitute "Chief of the Defence Force".
40 Paragraph 331(1)(a)
Omit "member or former member's service chief", substitute "Chief of the Defence Force".
41 Paragraph 331(1)(b)
Omit "deceased member's service chief", substitute "Chief of the Defence Force".
42 Section 335 (heading)
Repeal the heading, substitute:
335 Standard of proof for Commission and Chief of the Defence Force
43 Subsection 335(3)
Omit "a service chief", substitute "the Chief of the Defence Force".
44 Section 344
Omit:
Most determinations made by the Commission (the original determinations ) can be reconsidered and reviewed. This also applies to decisions of service chiefs about rehabilitation.
substitute:
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.
45 Section 344
Omit:
The Commission or a service chief 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 rights to apply for reconsideration or review.
substitute:
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 rights to apply for reconsideration or review.
46 Section 344
Omit:
The Commission or a service chief can also initiate reconsideration of original determinations made by the Commission or the service chief.
substitute:
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.
47 Subsection 345(1) ( paragraph ( b) of the definition of original determination )
Omit "a service chief", substitute "the Chief of the Defence Force".
48 Subsection 345(1) ( paragraph ( b) of the definition of original determination )
Omit "the service chief", substitute "the Chief of the Defence Force".
49 Subsection 346(2)
Omit "relevant service chief", substitute "Chief of the Defence Force".
50 Subsection 346(3)
Omit "a service chief", substitute "the Chief of the Defence Force".
51 Subsection 346(3)
Omit "the service chief", substitute "the Chief of the Defence Force".
52 Subsection 346(4)
Omit "service chief", substitute "Chief of the Defence Force".
53 Section 347 (heading)
Repeal the heading, substitute:
347 Commission or Chief of the Defence Force initiating reconsideration of original determinations
54 Subsection 347(2)
Omit "A service chief", substitute "The Chief of the Defence Force".
55 Subsection 347(2)
Omit "the service chief", substitute "the Chief of the Defence Force".
56 Subsection 347(3)
Omit "a service chief", substitute "the Chief of the Defence Force".
57 Subsection 347(3)
Omit "the service chief", substitute "the Chief of the Defence Force".
58 Subsections 347(4), (5) and (6)
Omit "a service chief", substitute "the Chief of the Defence Force".
59 Subsection 348(1)
Omit "a service chief", substitute "the Chief of the Defence Force".
60 Paragraphs 348(1)(a) and (b)
Omit "that service chief", substitute "the Chief of the Defence Force".
61 Subsection 348(2)
Omit "a service chief", substitute "the Chief of the Defence Force".
62 Subsection 348(2)
Omit "that service chief", substitute "the Chief of the Defence Force".
63 Section 349 (heading)
Repeal the heading, substitute:
349 Claimant or Chief of the Defence Force initiating reconsideration of determinations
64 Subsection 349(2)
Omit "a service chief", substitute "the Chief of the Defence Force".
65 Subsection 349(4)
Omit "relevant service chief", substitute "Chief of the Defence Force".
66 Subsection 351(3)
Omit "relevant service chief", substitute "Chief of the Defence Force".
67 Subsection 353(2) (table item 12)
Omit "relevant service chief", substitute "Chief of the Defence Force".
68 Subsection 353(2) (table item 18)
Omit "relevant service chief if the service chief", substitute "Chief of the Defence Force if the Chief of the Defence Force".
69 Subsection 354(1A)
Omit "service chief", substitute "Chief of the Defence Force".
70 Section 355 (table item 2)
Omit "relevant service chief", substitute "Chief of the Defence Force".
71 Subsections 357(3) and (4)
Omit "a service chief", substitute "the Chief of the Defence Force".
72 Paragraph 408A(1)(c)
Omit "person's service chief", substitute "Chief of the Defence Force".
73 Subparagraph 408A(1)(e)(iii)
Omit "person's service chief", substitute "Chief of the Defence Force".
74 Subsection 409(2) (table item 2)
Omit "A service chief", substitute "The Chief of the Defence Force".
75 Section 438
Repeal the section, substitute:
438 Delegation by Chief of the Defence Force and service chiefs
Delegation by Chief of the Defence Force
(1) The Chief of the Defence Force may, in writing, delegate any of his or her functions or powers under a provision of this Act to the service chief of an arm of the Defence Force.
Delegation by service chiefs
(2) A service chief to whom functions or powers under a provision of this Act are delegated under subsection ( 1) may, in writing, delegate any of those functions or powers to:
(a) a person:
(i) who is engaged under the Public Service Act 1999 and performing duties in the Department administered by the Defence Minister or the Veterans' Affairs Minister; and
(ii) whose duties relate to matters to which the provision relates; or
(b) a member of the Defence Force whose duties relate to matters to which the provision relates.
Chief of the Defence Force is the final decision - maker
(3) A function or power that is performed or exercised by a person under a delegation under subsection ( 2) is taken, for the purposes of this Act, to have been performed or exercised by the Chief of the Defence Force.
76 Application provisions
(1) Part 2 of Chapter 3 of the Military Rehabilitation and Compensation Act 2004 applies, on and after the commencement of item 6, in relation to a part - time Reservist, where the liability referred to in paragraph 43(1)(b) of that Act was accepted before, on or after the commencement of that item.
(2) The amendment made by item 13 applies in relation to:
(a) a part - time Reservist identified, on or after the commencement of that item, as being likely to be discharged from the Defence Force for medical reasons; and
(b) a part - time Reservist identified, before the commencement of that item, as being likely to be discharged from the Defence Force for medical reasons, where he or she has not been so discharged before that commencement.
77 Saving provision
(1) A thing done by, or in relation to, a service chief under the Military Rehabilitation and Compensation Act 2004 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, the Chief of the Defence Force under that Act.
(2) Subitem ( 1) does not apply in relation to an instrument of delegation under section 438 of that Act.
Safety, Rehabilitation and Compensation Act 1988
78 Section 141 (definition of service chief )
Repeal the definition, substitute:
"service chief" means the service chief of an arm of the Defence Force.
79 Subsection 143(1)
Omit "employee's service chief", substitute "Chief of the Defence Force".
80 Subsection 148(1)
Omit "a service chief", substitute "the Chief of the Defence Force".
81 Paragraph 148(1)(b)
Omit "service chief" (wherever occurring), substitute "Chief of the Defence Force".
82 Subsection 148(2)
Omit "service chief", substitute "Chief of the Defence Force".
83 After paragraph 151(1)(b)
Insert:
(ba) the Chief of the Defence Force; or
84 Subsection 152(2)
Repeal the subsection, substitute:
(2) The Chief of the Defence Force may, in writing, delegate any of his or her functions or powers under a provision of this Act to a service chief.
(3) A service chief to whom functions or powers under a provision of this Act are delegated under subsection ( 2) may, in writing, delegate any of those functions or powers to a person to whom the service chief can, under subsection 438(2) of the MRCA, delegate functions or powers delegated to the service chief under subsection 438(1) of the MRCA.
(4) A function or power that is performed or exercised by a person under a delegation under subsection ( 3) is taken, for the purposes of this Act, to have been performed or exercised by the Chief of the Defence Force.
85 Saving provision
(1) A thing done by, or in relation to, a service chief under Part XI of the Safety, Rehabilitation and Compensation Act 1988 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, the Chief of the Defence Force under that Part.
(2) Subitem ( 1) does not apply in relation to an instrument of delegation under subsection 152(2) of that Act.