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VETERANS' AFFAIRS LEGISLATION AMENDMENT (OMNIBUS) ACT 2018 (NO. 135, 2018) - SCHEDULE 1

Claims by Chief of Defence Force on behalf of persons

   

Military Rehabilitation and Compensation Act 2004

1  Subsection 319(3)

After "in respect of a person", insert "(except a claim made by the Chief of the Defence Force on behalf of the person)".

2  After subsection 320(2)

Insert:

          (2A)  Without limiting paragraph (2)(a), the person may approve the Chief of the Defence Force making a claim on behalf of the person if:

                     (a)  the person is a member of the Defence Force; and

                     (b)  the claim is for acceptance of liability by the Commission for a service injury sustained by the person or a service disease contracted by the person.

          (2B)  However, if the person approves the Chief of the Defence Force making a claim as mentioned in subsection (2A), the Chief of the Defence Force is not required to make the claim on behalf of the person.

3  Application provision

The amendment of section 320 of the Military Rehabilitation and Compensation Act 2004 made by this Schedule applies in relation to a service injury sustained by the person, or a service disease contracted by the person, on or after the commencement of this item.



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