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MILITARY REHABILITATION AND COMPENSATION REGULATIONS 2020 - NOTES

- made under the Military Rehabilitation and Compensation Act 2004

made under the

Military Rehabilitation and Compensation Act 2004

Compilation No. 1

Compilation date: 30 March 2021

Includes amendments up to: F2021L00363

Registered: 22 April 2021

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation Regulations 2020 that shows the text of the law as amended and in force on 30 March 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name

3 Authority

5 Definitions

Part 2--Matters relating to cadets

Division 1--Working out compensation for serving cadets

6 Normal and actual earnings--cadet engaged in paid civilian work at time of incapacity

7 Normal and actual earnings--cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity

Division 2--Working out compensation for former cadets

8 Normal earnings and normal weekly hours for person who was a cadet--person engaged in paid civilian work before last ceasing to be member of Defence Force

9 Normal earnings and normal weekly hours for person who was a cadet--person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force

Division 3--Working out compensation for parts of weeks

10 Number of days in part of week

Division 4--Modification of Chapter 2 of the Act for cadets

11 Modifications of Chapter 2 of the Act

Part 3--Matters relating to declared members

Division 1--Working out compensation for declared members

12 Normal and actual earnings--declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance

13 Normal and actual earnings--declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance

14 Normal and actual earnings--incapacitated declared member undertaking career transition assistance

Division 2--Working out compensation for former declared members

15 Normal and actual earnings--former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance

16 Normal and actual earnings--former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance

17 Normal and actual earnings--incapacitated former declared member who undertook career transition assistance

Division 3--Working out compensation for parts of weeks

18 Working out compensation for parts of weeks for declared members

Part 3A--Employment support to former members

Division 1--Preliminary

18A Purpose of this Part

Division 2--Application and eligibility for assistance

18B Application for assistance

Division 3--Eligibility for assistance

18C Eligibility criteria

Division 4--Grant of assistance

18D Assistance to transition into civilian work

18E Conditions on grant of assistance

18F Limits on the provision of assistance

Part 4--Review by the Board of original determinations

19 Application of the Veterans' Entitlements Regulations 1986

Part 5--Indexation of certain pay and earnings

20 Indexation of pre-CFTS pay and civilian daily earnings

21 Indexation of $100 in ADF pay

Part 6--Other matters

22 Provision of information by the Commission

Part 7--Application and transitional matters

23 Things done under the Military Rehabilitation and Compensation Regulations 2004 etc.

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Military Rehabilitation and Compensation Regulations 2020

24 Mar 2020 (F2020L00297)

25 Mar 2020 (s 2(1) item 1)

 

Military Rehabilitation and Compensation Amendment (Transition to Civilian Work) Regulations 2021

29 Mar 2021 (F2021L00363)

30 Mar 2021 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 5.....................

am F2021L00363

Part 3A

 

Part 3A..................

ad F2021L00363

Division 1

 

s 18A...................

ad F2021L00363

Division 2

 

s 18B...................

ad F2021L00363

Division 3

 

s 18C...................

ad F2021L00363

Division 4

 

s 18D...................

ad F2021L00363

s 18E...................

ad F2021L00363

s 18F...................

ad F2021L00363

Schedule 1................

rep LA s 48C

 

 


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