Military Rehabilitation and Compensation Act 2004

In force

Administered by

Department of Defence
Department of Veterans' Affairs

Superseded version

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C2024C00177 C15

17 November 2010 - 17 November 2010

Table of contents

Chapter 1—Introduction
- 1 Short title [see Note 1]
- 2 Commencement
- 3 Simplified outline of this Act
- 4 Extension to external Territories
- 5 Definitions
- 6 Kinds of service to which this Act applies
- 7 Reference to service injury sustained or service disease contracted includes reference to aggravation etc.
- 8 Ministerial determinations that other people are members
- 9 Definition of duty for cadets and declared members
- 10 Determinations for part-time Reservists and cadets who are unlikely to return to defence service
- 11 Ministerial determination of pay-related allowances
- 12 Deceased members whose dependants are entitled to benefits under this Act
- 13 Definition of treatment
- 14 Definition of Commonwealth superannuation scheme for a person who has chosen a Special Rate Disability Pension
- 15 Definition of dependant
- 16 Certain relationships
- 17 Eligible young persons and partners living with a member
- 18 Child of a member born or adopted after the member’s death
- 19 Ascertaining whether persons receiving family tax benefits etc. are dependent
- 20 Some references to members include references to former members
Chapter 2—Accepting liability for service injuries, diseases and deaths
Part 1—Simplified outline of this Chapter
- 21 Simplified outline of this Chapter
Part 2—When the Commission must accept liability for service injuries, diseases and deaths
- 22 Simplified outline of this Part
- 23 Commission’s acceptance of liability for service injuries and diseases
- 24 Commission’s acceptance of liability for service deaths
- 25 Limited effect of acceptance of liability
Part 3—Definitions of service injury, service disease and service death
- 26 Simplified outline of this Part
- 27 Main definitions of service injury and service disease
- 28 Main definition of service death
- 29 Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth
- 30 Definitions of service injury and service disease for aggravations etc. of signs and symptoms
Part 4—When the Commission is prevented from accepting liability for service injuries, diseases and deaths
- 31 Simplified outline of this Part
- 32 Exclusions relating to serious defaults or wilful acts etc. [see also Table B]
- 33 Exclusions relating to reasonable counselling about performance etc.
- 34 Exclusions of injuries, diseases and deaths relating to certain false representations [see also Table B]
- 35 Exclusions relating to travel [see also Table B]
- 36 Exclusion relating to use of tobacco products
Chapter 3—Rehabilitation
Part 1—General provisions
- Division 1—Simplified outline of this Chapter
  - 37 Simplified outline of this Chapter
- Division 2—Aim of rehabilitation
- 38 Aim of rehabilitation
- Division 3—Definitions
- 39 Definition of rehabilitation authority
- 40 Rule if rehabilitation authority for a person changes
- 41 Other definitions
Part 2—Rehabilitation programs
- Division 1—Application of Part
  - 42 Simplified outline of this Part
  - 43 Persons to whom this Part applies
- Division 2—Assessment of a person’s capacity for rehabilitation
- Division 3—Provision of rehabilitation programs
Part 3—Alterations, aids and appliances relating to rehabilitation
- Division 1—Preliminary
  - 54 Simplified outline of this Part
  - 55 Persons to whom Part applies
- Division 2—Alterations, aids and appliances relating to rehabilitation
Part 4—Assistance in finding suitable work
- 60 Simplified outline of this Part
- 61 Assistance in finding suitable work for full-time members
- 62 Assistance in finding suitable work for other members and former members
Part 5—Transition management
- 63 Simplified outline of this Part
- 64 Transition management
Chapter 4—Compensation for members and former members
Part 1—Simplified outline of this Chapter
- 65 Simplified outline of this Chapter
Part 2—Permanent impairment
- 66 Simplified outline of this Part
- 67 Guide to determining impairment and compensation
- 68 Entitlement to compensation for permanent impairment
- 69 No compensation for less than the threshold impairment points
- 70 Compensation for aggravations etc.
- 71 Additional compensation
- 72 Additional compensation for aggravations etc.
- 73 Deciding whether an impairment is likely to continue indefinitely
- 74 Amount of compensation
- 75 Interim compensation
- 76 Notifying the claimant
- 77 When weekly compensation becomes payable
- 78 Choice to take lump sum
- 79 When lump sum is payable
- 80 Additional amounts payable if maximum compensation paid
- 81 Compensation for cost of financial advice
- 82 Amount of financial advice compensation
- 83 Whom the compensation is payable to
Part 3—Compensation for incapacity for service or work for members
- Division 1—Entitlement to compensation
- Division 2—Working out normal and actual earnings for full-time members
- Division 3—Working out normal and actual earnings for part-time Reservists
- Division 4—Working out normal and actual earnings for part-time Reservists who were previously Permanent Forces members
- 102 Simplified outline of this Division
- 103 Application of this Division to part-time Reservists who were previously Permanent Forces members
- 104 Working out normal earnings
- 105 Working out actual earnings
- Division 5—Working out normal and actual earnings for part-time Reservists who were previously continuous full-time Reservists
- Subdivision A—Simplified outline of this Division
  - 106 Simplified outline of this Division
- Subdivision B—Working out normal earnings for part-time Reservists who were previously continuous full-time Reservists
  - 107 Application of this Division to part-time Reservists who were previously continuous full-time Reservists
  - 108 Working out normal earnings
- Subdivision C—Working out full-time ADF earnings
  - 109 Working out full-time ADF earnings
- Subdivision D—Working out pre-CFTS earnings
- Subdivision E—Working out actual earnings
  - 115 Working out actual earnings
- Division 6—Working out normal and actual earnings for cadets and declared members
- 116 Regulations may prescribe methods for working out normal and actual earnings for cadets and declared members
Part 4—Compensation for incapacity for work for former members
- Division 1—Entitlement to compensation
- Division 2—Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)
- Division 3—Working out normal earnings for certain former Permanent Forces members
  - 140 Simplified outline of this Division
  - 141 Working out normal earnings
- Division 4—Working out normal earnings and normal weekly hours for certain former continuous full-time Reservists
- Division 5—Working out normal earnings and normal weekly hours for former part-time Reservists who were engaged in civilian work
- Division 6—Working out normal earnings for former part-time Reservists who were not engaged in civilian work
- Division 7—Working out normal earnings for former part-time Reservists who were previously Permanent Forces members
- Division 8—Working out normal earnings and normal weekly hours for former part-time Reservists who were previously continuous full-time Reservists
- Division 9—Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members
  - 175 Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members
Part 5—Adjusting the amount of compensation for incapacity for service or work
- Division 1—Introduction
  - 176 Simplified outline of this Part
  - 177 Definitions of normal earnings and actual earnings
- Division 2—General rules relating to normal and actual earnings etc.
- Division 3—Adjusting ADF pay and pay-related allowances
- Division 4—Adjusting other pay
- Division 5—Working out compensation for parts of weeks
  - 195 Simplified outline of this Division
  - 196 Working out compensation for parts of weeks
Part 6—Choice to receive a Special Rate Disability Pension
- 197 Simplified outline of this Part
- 198 What is a Special Rate Disability Pension?
- 199 Persons who are eligible to make a choice under this Part
- 200 Choice to receive Special Rate Disability Pension
- 201 When the choice is to be made
- 202 Other requirements for the choice
- 203 Determinations by Commission
- 204 Offsets
- 205 Compensation for cost of financial advice
- 206 Amount of financial advice compensation
- 207 Whom the compensation is payable to
- 208 Persons who are imprisoned
- 209 Ceasing to meet certain criteria
- 210 Return to work scheme
Part 7—Other types of compensation for members and former members
- Division 1—Simplified outline of this Part
  - 211 Simplified outline of this Part
- Division 2—Motor Vehicle Compensation Scheme
  - 212 Motor Vehicle Compensation Scheme
- Division 3—Compensation for household and attendant care services
- Division 4—MRCA supplement for members and former members
- Division 5—Compensation for loss of, or damage to, medical aids
Chapter 5—Compensation for dependants of certain deceased members, members and former members
Part 1—Simplified outline of this Chapter
- 231 Simplified outline of this Chapter
Part 2—Compensation for member’s death for wholly dependent partners
- Division 1—Simplified outline of this Part
  - 232 Simplified outline of this Part
- Division 2—Compensation for member’s death for wholly dependent partners
- Division 3—Compensation for cost of financial advice for wholly dependent partners
- Division 4—Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
- Division 5—MRCA supplement for wholly dependent partners
Part 3—Compensation for eligible young persons dependent on certain deceased members, members or former members
- Division 1—Simplified outline of this Part
  - 250 Simplified outline of this Part
- Division 2—Lump sum compensation for member’s death for certain eligible young persons
  - 251 Lump sum compensation for member’s death for certain eligible young persons
  - 252 Amount of compensation for dependent eligible young persons
- Division 3—Weekly compensation for certain eligible young persons
  - 253 Weekly compensation for certain eligible young persons
  - 254 Amount of weekly compensation
- Division 4—Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
  - 255 Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
  - 256 Amount of permanent impairment and incapacity etc. compensation
- Division 5—Whom compensation under Divisions 2 to 4 is payable to
  - 257 Whom the compensation is payable to
- Division 6—Education scheme for certain eligible young persons dependent on members, former members and deceased members
  - 258 Education scheme for certain eligible young persons
  - 259 Completing courses begun before turning 25 years old
- Division 7—Exclusion of Part for wholly dependent partners
  - 260 Exclusion of Part for wholly dependent partners
Part 4—Compensation for dependants other than wholly dependent partners and eligible young persons
- 261 Simplified outline of this Part
- 262 Compensation for dependants other than wholly dependent partners and eligible young persons
- 263 Amount of compensation for other dependants
- 264 Whom the compensation is payable to
Part 5—Compensation for funeral expenses
- 265 Simplified outline of this Part
- 266 Compensation for cost of funeral
- 267 Amount of funeral compensation
- 268 Whom funeral compensation is payable to
Chapter 6—Treatment for injuries and diseases
Part 1—Simplified outline of this Chapter
- 269 Simplified outline of this Chapter
Part 2—Compensation for treatment costs
- 270 Simplified outline of this Part
- 271 Compensation for treatment for service injuries and diseases etc.
- 272 Compensation for members entitled to treatment under regulation 58F of the Defence Force Regulations
- 273 Compensation for those entitled to treatment under Part 3
- 274 Relationship of this Part with other compensation provisions
- 275 No compensation if aggravated injury or disease ceases to be aggravated etc.
- 276 Amount of treatment compensation
- 277 Whom treatment compensation is payable to
Part 3—Entitlement to provision of treatment
- Division 1—Simplified outline of this Part
  - 278 Simplified outline of this Part
- Division 2—Treatment for some members and former members
- Division 3—Treatment for certain dependants of deceased members
  - 284 Treatment for certain wholly dependent partners and eligible young persons
- Division 4—Administration of the provision of treatment
Part 4—Other compensation relating to treatment
- Division 1—Simplified outline of this Part
  - 288 Simplified outline of this Part
- Division 2—Compensation for patients’ and attendants’ journey and accommodation costs
- Division 3—Compensation for transportation costs
- Division 4—MRCA supplement for members, former members and dependants
Part 5—Offences relating to treatment under this Chapter
- 304 Simplified outline of this Part
- 305 Definitions
- 306 Offence for false or misleading statements or documents relating to treatment
- 307 Offence for medical service providers causing detriment to others
- 308 Offence for medical service providers threatening detriment
- 309 Offence for bribery by medical service providers
- 310 Offence for practitioners receiving bribes etc.
- 311 Offence for pathology practitioners making payments to requesting practitioners
- 312 Offence for pathology practitioners providing pathology services to persons with whom they have arrangements
- 313 Offence for providing staff to be used in pathology services
- 314 Counselling statements inadmissible as evidence
- 315 Recovery of amounts paid because of false or misleading statements
- 316 Interest payable on amounts paid because of false or misleading statements
- 317 Reduction in payments because of previous overpayments
Chapter 7—Claims
Part 1—Making a claim
- Division 1—Simplified outline of this Part
  - 318 Simplified outline of this Part
- Division 2—Making a claim
- Division 3—What happens after a claim is made
Part 2—Determination of claims
- 332 Simplified outline of this Part
- 333 Determination of claims
- 334 Commission not bound by technicalities
- 335 Standard of proof for Commission and service chiefs
- 336 Commission not entitled to make certain presumptions
- 337 No onus of proof
- 338 Reasonableness of hypothesis to be assessed by reference to Statement of Principles
- 339 Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
- 340 Determination by Commission overriding Authority’s decision in relation to Statements of Principles
- 341 Current Statement of Principles to be applied on review of a decision
- 342 Determination of the onset date for an incapacity for service or work
- 343 Determination of the date of death
Chapter 8—Reconsideration and review of determinations
Part 1—Preliminary
- 344 Simplified outline of this Chapter
- 345 Definitions
Part 2—Notifying original determinations
- 346 Notifying original determinations
Part 3—Reconsideration of determinations
- 347 Commission or service chief initiating reconsideration of original determinations
- 348 Varying determinations made by the Board
- 349 Claimant or service chief initiating reconsideration of determinations
- 350 Reconsideration
- 351 Notifying reviewable determinations
Part 4—Review by the Board of original determinations
- 352 Applications to the Board for review
- 353 Application of the Veterans’ Entitlements Act 1986
Part 5—Review by the Tribunal
- 354 Applications to the Tribunal for review
- 355 Modifications of the Administrative Appeals Tribunal Act 1975
- 356 Evidence
- 357 Costs of proceedings before the Tribunal
- 358 Costs where proceedings rendered abortive
- 359 Certain provisions not to apply to review of determinations of the Board
Chapter 9—The Military Rehabilitation and Compensation Commission
Part 1—Simplified outline of this Chapter
- 360 Simplified outline of this Chapter
Part 2—Establishment of the Commission
- 361 Establishment
Part 3—Functions
- 362 Functions
Part 4—Constitution of the Commission
- 363 Constitution
Part 5—Membership
- 364 Membership
- 365 Appointment of Commission members
- 366 Acting appointments for the member described in subparagraph 364(1)(b)(i)
- 367 Acting appointment for the member described in subparagraph 364(1)(b)(ii) or (iii)
- 368 Validity of actions relating to a person acting
- 369 Remuneration and allowances
- 370 Commission members may be granted leave of absence
- 371 Resignation of appointed Commission members
- 372 Termination of appointment of appointed Commission members
Part 6—Meetings and resolutions
- 373 Convening meetings
- 374 Presiding at meetings
- 375 Quorum
- 376 Voting at meetings
- 377 Commission resolutions without meetings
- 378 Conduct of meetings
- 379 Commission member to disclose any interest in claims etc.
- 380 Minister may direct Commission member not to take part in consideration or review
- 381 Commissioner to disclose other interests
Part 7—Other matters
- 382 Staff
- 383 Consultants
- 384 Delegation
- 385 Annual report
Chapter 10—Liabilities arising apart from this Act etc.
Part 1—Preliminary
- 386 Simplified outline of this Chapter
- 387 Interpretation
Part 2—Liability of the Commonwealth to other actions
- 388 Action for damages not to lie against Commonwealth etc. in certain cases
- 389 Choice to institute action for damages against the Commonwealth etc. for non-economic loss
- 390 Notice of common law claims against the Commonwealth etc.
Part 3—Liability of third parties
- Division 1—Notice of common law claims against third parties
  - 391 Notice of common law claims against third parties
- Division 2—Commission may institute proceedings or take over claims against third parties
- Division 3—Effect of recovering damages on entitlements under this Act
- Division 4—Payment of damages by persons to the Commonwealth
  - 403 Payment of damages by persons to the Commonwealth
Chapter 11—Miscellaneous
Part 1—Indexation
- 404 Indexation of amounts
Part 2—Obtaining and giving information etc.
- 405 Power to obtain information
- 406 Commission may obtain information etc.
- 407 Self-incrimination
- 408 Offence for selling etc. goods provided under this Act without consent
- 408A Manner of giving notice or other document
- 409 Giving information
- 410 Judicial notice to be taken of certain matters
- 411 Evidence
- 412 Providing tax file numbers
- 413 How to satisfy the request under section 412
- 414 Compensation when request is not satisfied initially
Part 3—Recovering overpayments
- Division 1—Recovery generally
  - 415 Recovery of overpayments
- Division 2—Recovery of overpayments to retired persons
Part 4—Appropriation
- 423 Appropriation
Part 5—Special assistance
- 424 Special assistance
Part 6—General
- 425 Assignment, set-off or attachment of compensation
- 426 Payments to Commissioner of Taxation
- 427 Jurisdiction of courts with respect to extraterritorial offences
- 428 Commission may write off a debt
- 429 Commission may waive a debt
- 430 Payment into bank account etc.
- 431 Payments at person’s request
- 432 Trustees for persons entitled to compensation
- 433 Powers of the trustee generally
- 434 Powers of Commonwealth etc. trustee to invest trust funds
- 435 Powers of investment for non-Commonwealth trustee
- 436 Provisions applicable on death of person
- 437 Amounts of compensation
- 438 Service chiefs’ delegation
Part 7—Regulations
- 439 Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4
- 440 Regulations
  - Notes to the STYLEREF ShortT \* MERGEFORMAT Military Rehabilitation and Compensation Act 2004

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Military Rehabilitation and Compensation Act 2004

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Military Rehabilitation and Compensation Act 2004

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