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Military Rehabilitation and Compensation Act 2004
In force
Administered by
Department of Defence
Department of Veterans' Affairs
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C2023C00114 (C68)
28 June 2023
-
28 June 2023
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Chapter 1—Introduction
1 Short title
2 Commencement
3 Simplified outline of this Act
4 Extension to external Territories
4A Secretary may arrange for use of computer programs to make decisions or determinations
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.
7A Classes of members
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 Definitions of dependant and related person
16 Certain relationships
17 When partners and eligible young persons are wholly dependent on 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
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Chapter 2—Accepting liability for service injuries, diseases and deaths
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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.
33 Exclusions relating to reasonable counselling about performance etc.
34 Exclusions of injuries, diseases and deaths relating to certain false representations
35 Exclusions relating to travel
36 Exclusion relating to use of tobacco products
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Chapter 3—Rehabilitation
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Part 1—General provisions
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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—general
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Division 1—Application of Part
42 Simplified outline of this Part
43 Persons to whom this Part applies
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Division 2—Assessment of a person’s capacity for rehabilitation
44 When an assessment may or must be carried out
45 What may be done as part of an assessment
46 Requirements for examinations
47 Compensation for journey and accommodation costs
48 Amount of compensation for journey and accommodation costs
49 Whom the compensation is payable to
50 Consequences of failure to undergo an examination
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Division 3—Provision of rehabilitation programs
51 Rehabilitation authority may determine that a person is to undertake a rehabilitation program
52 Consequences of failure to undertake a rehabilitation program
53 Cessation or variation of a rehabilitation program
Part 2A—Non liability rehabilitation pilot
53A Simplified outline of this Part
53B Persons to whom this Part applies
53C Provision of rehabilitation programs
53D Legislative instrument
Part 3—Alterations, aids and appliances relating to rehabilitation
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Division 1—Preliminary
54 Simplified outline of this Part
55 Persons to whom Part applies
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Division 2—Alterations, aids and appliances relating to rehabilitation
56 Alterations, aids and appliances relating to rehabilitation
57 Amount of compensation for alterations, aids and appliances
58 Matters to be considered in determining matters relating to alterations, aids and appliances
59 Whom compensation for alterations etc. is payable to
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
62A Scheme may provide for payments to employers
Part 5—Transition management
63 Simplified outline of this Part
64 Transition management
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Chapter 4—Compensation for members and former members
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Part 1—Simplified outline of this Chapter
65 Simplified outline of this Chapter
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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 and legal advice
82 Amount of financial advice and legal advice compensation
83 Whom the compensation is payable to
83A Energy supplement for compensation under this Part
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Part 3—Compensation for incapacity for service or work for members
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Division 1—Entitlement to compensation
84 Simplified outline of this Part
85 Compensation for incapacitated full time members
86 Compensation for incapacitated part time Reservists
87 Compensation for incapacitated cadets and declared members
88 No compensation in certain cases relating to aggravations etc. of injuries or diseases
89 Amount of compensation for current members
89A Amount of compensation for persons receiving a Commonwealth superannuation benefit
89B Payments before a person receives a Commonwealth superannuation benefit
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Division 2—Working out normal and actual earnings for full time members
90 Simplified outline of this Division
91 Working out normal earnings
92 Working out actual earnings
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Division 3—Working out normal and actual earnings for part time Reservists
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Subdivision A—Simplified outline of this Division
93 Simplified outline of this Division
Subdivision B—Working out normal earnings for part time Reservists
94 Application of this Division to part time Reservists
95 Working out normal earnings
Subdivision C—Working out the ADF component of normal earnings
96 Working out the ADF component for an incapacitated Reservist who is incapacitated for service
97 Working out the ADF component for an incapacitated Reservist who is not incapacitated for service
Subdivision D—Working out the civilian component of normal earnings
98 Working out the civilian component for an incapacitated Reservist who is incapacitated for work
99 Definition of example period for the civilian component of normal earnings
100 Working out the civilian component for an incapacitated Reservist who is not incapacitated for work
Subdivision E—Working out actual earnings
101 Working out actual earnings
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
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Subdivision A—Simplified outline of this Division
106 Simplified outline of this Division
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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
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Subdivision C—Working out full time ADF earnings
109 Working out full time ADF earnings
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Subdivision D—Working out pre CFTS earnings
110 Simplified outline of this Subdivision
111 Working out pre CFTS earnings
112 Working out pre CFTS pay
113 Definition of example period for pre CFTS pay
114 Working out reserve pay
114A Example periods for those injured as continuous full time Reservists
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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
Division 7—Amount of compensation where a Commonwealth superannuation benefit is received
116A Simplified outline of this Division
116B Amount of compensation for person receiving only Commonwealth superannuation pension
116C Amount of compensation for person who has received only Commonwealth superannuation lump sum
116D Amount of compensation for person receiving both superannuation pension and lump sum
116E No compensation if amount worked out is nil or a negative amount
Part 4—Compensation for incapacity for work for former members
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Division 1—Entitlement to compensation
117 Simplified outline of this Part
118 Compensation for incapacitated former members
119 No compensation in certain cases relating to aggravations etc. of injuries or diseases
120 Compensation for those over pension age
121 Compensation for those over the age that is 2 years before pension age
122 Persons who are imprisoned
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Division 2—Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)
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Subdivision A—Simplified outline of this Division
123 Simplified outline of this Division
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Subdivision B—Amount of compensation generally
124 Simplified outline of this Subdivision
125 Amount of compensation for former members
126 Amount of compensation for retired persons receiving a Commonwealth superannuation benefit
126A Payments before a retired person receives a Commonwealth superannuation benefit
127 Amount of compensation for former members who are maintained in hospital etc.
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Subdivision C—Amount of compensation where no Commonwealth superannuation benefit is received
128 Simplified outline of this Subdivision
129 Amount of compensation for maximum rate weeks
130 Amount of compensation for the week whose hours exceed 45 times the normal weekly hours
131 Amount of compensation after 45 weeks
132 Definitions of actual earnings, normal earnings and normal weekly hours
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Subdivision D—Amount of compensation where a Commonwealth superannuation benefit is received
133 Simplified outline of this Subdivision
134 Amount of compensation for retired person receiving only Commonwealth superannuation pension
135 Amount of compensation for retired person who has received only Commonwealth superannuation lump sum
136 Amount of compensation for retired person receiving both superannuation pension and lump sum
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Subdivision E—Small amounts of compensation
137 Simplified outline of this Subdivision
138 Converting small amounts of weekly compensation into lump sum compensation
139 Weekly compensation following conversion of weekly amounts to a lump sum
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Division 3—Working out normal earnings for certain former Permanent Forces members
140 Simplified outline of this Division
141 Working out normal earnings
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Division 4—Working out normal earnings and normal weekly hours for certain former continuous full time Reservists
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Subdivision A—Simplified outline of this Division
142 Simplified outline of this Division
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Subdivision B—Working out normal earnings
143 Working out normal earnings
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Subdivision C—Working out ADF earnings
144 Working out ADF earnings
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Subdivision D—Working out pre CFTS earnings
145 Simplified outline of this Subdivision
146 Working out pre CFTS earnings
147 Working out pre CFTS pay
148 Definition of example period for former continuous full time Reservists
149 Working out reserve pay
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Subdivision E—Working out normal weekly hours for persons who have chosen pre CFTS earnings
150 Working out normal weekly hours for persons who have chosen pre CFTS earnings
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Division 5—Working out normal earnings and normal weekly hours for former part time Reservists who were engaged in civilian work
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Subdivision A—Simplified outline of this Division
151 Simplified outline of this Division
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Subdivision B—Working out normal earnings of former part time Reservists who were engaged in civilian work
152 Application of this Division to former part time Reservists who were engaged in civilian work
153 Working out normal earnings
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Subdivision C—Working out the ADF component of normal earnings
154 Working out the ADF component of normal earnings
155 Definition of example period for ADF component of normal earnings
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Subdivision D—Working out the civilian component of normal earnings
156 Working out the civilian component of normal earnings
157 Definition of example period for the civilian component of normal earnings
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Subdivision E—Working out normal weekly hours
158 Working out normal weekly hours
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Division 6—Working out normal earnings for former part time Reservists who were not engaged in civilian work
159 Simplified outline of this Division
160 Application of this Division to former part time Reservists who were not engaged in civilian work
161 Working out normal earnings
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Division 7—Working out normal earnings for former part time Reservists who were previously Permanent Forces members
162 Simplified outline of this Division
163 Application of this Division to former part time Reservists who were previously Permanent Forces members
164 Working out normal earnings
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Division 8—Working out normal earnings and normal weekly hours for former part time Reservists who were previously continuous full time Reservists
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Subdivision A—Simplified outline of this Division
165 Simplified outline of this Division
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Subdivision B—Working out normal earnings for former part time Reservists who were previously continuous full time Reservists
166 Application of this Division to former part time Reservists who were previously continuous full time Reservists
167 Working out normal earnings
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Subdivision C—Working out full time ADF earnings
168 Working out full time ADF earnings
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Subdivision D—Working out pre CFTS earnings
169 Simplified outline of this Subdivision
170 Working out pre CFTS earnings
171 Working out pre CFTS pay
172 Definition of example period for the pre CFTS pay
173 Working out reserve pay
173A Example periods for those injured as continuous full time Reservists
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Subdivision E—Working out normal weekly hours for persons who have chosen pre CFTS earnings
174 Working out normal weekly hours for persons who have chosen pre CFTS earnings
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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
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Division 1—Introduction
176 Simplified outline of this Part
177 Definitions of normal earnings and actual earnings
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Division 2—General rules relating to normal and actual earnings etc.
178 Simplified outline of this Division
179 Normal earnings that are less than the minimum wage
180 Amounts that are excluded when working out normal and actual earnings
181 Matters to be considered in determining actual earnings
182 Indexation of pre CFTS pay and civilian daily earnings
183 Indexation of $100 in ADF pay
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Division 3—Adjusting ADF pay and pay related allowances
184 Simplified outline of this Division
185 Increases in pay and allowances
186 Increases in pay and allowances due to actual promotions
187 Commission must determine category of defence work when defence work abolished
188 Commission may determine pay related allowances when defence work abolished
189 Amount of pay and allowances for those undergoing initial training
190 No other adjustments to be taken into account
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Division 4—Adjusting other pay
191 Simplified outline of this Division
192 Definitions of civilian daily earnings, example period and pre CFTS pay
193 Variations during the example period
194 Civilian daily earnings or pre CFTS pay if working them out is impracticable
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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
204A Overpayment if payment of lump sum under section 138
205 Compensation for cost of financial advice and legal advice
206 Amount of financial advice and legal advice compensation
207 Whom the compensation is payable to
208 Persons who are imprisoned
209 Ceasing to meet certain criteria
209A Energy supplement for Special Rate Disability Pension
210 Return to work scheme
Part 7—Other types of compensation for members and former members
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Division 1—Simplified outline of this Part
211 Simplified outline of this Part
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Division 2—Motor Vehicle Compensation Scheme
212 Motor Vehicle Compensation Scheme
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Division 3—Compensation for household and attendant care services
213 Definitions
214 Compensation for household services
215 Matters to be considered in household services compensation claims
216 Amount of household compensation
217 Compensation for attendant care services
218 Matters to be considered in attendant care compensation claims
219 Amount of compensation for attendant care services
220 Whom household and attendant care compensation is payable to
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Division 4—MRCA supplement for members and former members
221 Eligibility for MRCA supplement
222 MRCA supplement not payable in some circumstances
223 Rate of MRCA supplement
224 Payment of MRCA supplement
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Division 5—Compensation for loss of, or damage to, medical aids
226 Compensation for loss of, or damage to, medical aids
227 Exclusions relating to serious defaults etc.
228 Exclusions relating to travel
229 Amount of medical aid compensation
230 Whom medical aid compensation is payable to
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Chapter 5—Compensation for dependants of certain deceased members, members and former members
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Part 1—Simplified outline of this Chapter
231 Simplified outline of this Chapter
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Part 2—Compensation for member’s death for wholly dependent partners
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Division 1—Simplified outline of this Part
232 Simplified outline of this Part
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Division 2—Compensation for member’s death for wholly dependent partners
233 Compensation for member’s death for wholly dependent partners
234 Amount of compensation for wholly dependent partners
235 Notifying the partner
236 Choice to take lump sum
238 Whom the compensation is payable to
238A Energy supplement for compensation for wholly dependent partners of deceased members
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Division 3—Compensation for cost of financial advice and legal advice for wholly dependent partners
239 Compensation for cost of financial advice and legal advice
240 Amount of financial advice and legal advice compensation
241 Whom the compensation is payable to
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Division 4—Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
242 Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
243 Amount of permanent impairment and incapacity etc. compensation
244 Whom permanent impairment and incapacity etc. compensation is payable to
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Division 5—MRCA supplement for wholly dependent partners
245 Eligibility for MRCA supplement
246 MRCA supplement not payable in some circumstances
247 Rate of MRCA supplement
248 Payment of MRCA supplement
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Part 3—Compensation for eligible young persons dependent on certain deceased members, members or former members
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Division 1—Simplified outline of this Part
250 Simplified outline of this Part
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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
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Division 3—Weekly compensation for certain eligible young persons
253 Weekly compensation for certain eligible young persons
254 Amount of weekly compensation
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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
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Division 5—Whom compensation under Divisions 2 to 4 is payable to
257 Whom the compensation is payable to
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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
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Division 7—Exclusion of Part for wholly dependent partners
260 Exclusion of Part for wholly dependent partners
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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
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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
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Chapter 5A—Acute and employment support
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Part 1—Acute support
268A Simplified outline of this Part
268B Acute support package
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Part 2—Employment support to former members
268C Simplified outline of this Part
268D Employment support to former members
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Chapter 6—Treatment for injuries and diseases
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Part 1—Simplified outline of this Chapter
269 Simplified outline of this Chapter
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Part 3—Entitlement to provision of treatment
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Division 1—Simplified outline of this Part
278 Simplified outline of this Part
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Division 2—Treatment for some members and former members
279 Treatment for members entitled to treatment under Defence regulations
280 Treatment for service injuries and diseases of former members and part time Reservists etc.
280A Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence related Claims) Act 1988
281 Treatment for persons with 60 impairment points
282 Treatment for persons who are eligible for a Special Rate Disability Pension
283 No treatment for aggravated injury or disease if aggravation ceases
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Division 3—Treatment for certain dependants of deceased members
284 Treatment for certain wholly dependent partners and eligible young persons
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Division 4—Administration of the provision of treatment
285 Treatment at hospitals and other institutions etc.
286 Determination for providing treatment or pharmaceutical benefits
287 Provision of treatment
287A Provision of services under the Coordinated Veterans’ Care mental health pilot
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Part 4—Other compensation relating to treatment
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Division 1—Simplified outline of this Part
288 Simplified outline of this Part
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Division 1A—Compensation for treatment obtained in special circumstances
288A Compensation for those entitled to treatment under Part 3
288B Compensation for treatment prior to a service death
288C Compensation in other special circumstances
288D Relationship of this Part with other compensation provisions
288E No compensation if aggravated injury or disease ceases to be aggravated etc.
288F Amount of treatment compensation
288G Whom treatment compensation is payable to
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Division 2—Compensation for patients’ and attendants’ journey and accommodation costs
289 Definition of compensable treatment
290 Compensation for journey costs relating to treatment
291 Compensation for accommodation relating to treatment
292 No compensation for journeys or accommodation outside Australia
293 Amount of compensation for journeys
294 Amount of compensation for accommodation
295 Matters to be considered in journey and accommodation compensation claims
296 Whom compensation is payable to
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Division 3—Compensation for transportation costs
297 Compensation for other person’s transportation costs
298 Amount of transportation costs
299 Whom compensation is payable to
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Division 4—MRCA supplement for members, former members and dependants
300 Eligibility for MRCA supplement
301 MRCA supplement not payable in some circumstances
302 Rate of MRCA supplement
303 Payment of MRCA supplement
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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
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Chapter 7—Claims
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Part 1—Making a claim
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Division 1—Simplified outline of this Part
318 Simplified outline of this Part
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Division 2—Making a claim
319 Making a claim
320 Who may make a claim
321 Survival of claims and of right to claim
322 No new claim before earlier claim finally determined
323 Giving claims and documents to the Commission
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Division 3—What happens after a claim is made
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Subdivision A—Investigation of claims
324 Investigation by the Commission
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Subdivision B—Needs assessments
325 When the Commission may or must carry out a needs assessment
326 Assessment of a person’s needs
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Subdivision C—Medical examinations
328 Power to require medical examination
329 Consequences of failure to undergo an examination
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Subdivision D—Obligations of claimants and Commission
330 Power to request the provision of information
331 Certain documents to be supplied on request
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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 Chief of the Defence Force
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
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Chapter 8—Reconsideration and review of determinations
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Part 1—Preliminary
344 Simplified outline of this Chapter
345 Definitions
345A Application of this Chapter to decisions about clean energy payments
345B Application of this Chapter to decisions about acute support packages
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Part 2—Notifying original determinations
346 Notifying original determinations
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Part 3—Reconsideration of determinations
347 Commission or Chief of the Defence Force initiating reconsideration of original determinations
347A Reconsideration of permanent impairment compensation
348 Varying determinations made by the Board
349 Chief of the Defence Force initiating reconsideration of determinations
350 Reconsideration
351 Notifying reviewable determinations
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Part 4—Review by the Board of original determinations
352 Applications to the Board for review
353 Application of the Veterans’ Entitlements Act 1986
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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
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Chapter 9—The Military Rehabilitation and Compensation Commission
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Part 1—Simplified outline of this Chapter
360 Simplified outline of this Chapter
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Part 2—Establishment of the Commission
361 Establishment
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Part 3—Functions
362 Functions
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Part 4—Constitution of the Commission
363 Constitution
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Part 5—Membership
364 Membership
365 Appointment of Commission members
366 Acting appointments for members described in subparagraph 364(1)(b)(i)
367 Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii)
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
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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
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Part 7—Other matters
382 Staff
383 Consultants
384 Delegation
385 Annual report
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Chapter 10—Liabilities arising apart from this Act etc.
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Part 1—Preliminary
386 Simplified outline of this Chapter
387 Interpretation
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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.
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Part 3—Liability of third parties
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Division 1—Notice of common law claims against third parties
391 Notice of common law claims against third parties
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Division 2—Commission may institute proceedings or take over claims against third parties
392 Application of this Division to common law claims against third parties
393 Commission may make the claim or take over the claim
394 Commonwealth liable to pay costs of claim
395 Commission may conclude claim
396 Plaintiff must sign documents as required
397 Plaintiff must do as the Commission requires
398 What happens when damages are awarded
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Division 3—Effect of recovering damages on entitlements under this Act
399 When Division applies
400 Notifying damages
401 Repaying compensation paid under this Act after damages recovered
402 No compensation under this Act after damages recovered
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Division 4—Payment of damages by persons to the Commonwealth
403 Payment of damages by persons to the Commonwealth
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Chapter 11—Miscellaneous
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Part 1—Indexation
404 Indexation of amounts
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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
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Part 3—Recovering overpayments
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Division 1—Recovery generally
415 Recovery of overpayments
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Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit
416 Notice to Commission of retirement of person
417 Application of section 418
418 Commission may give a notice to the administrator of the scheme
419 Commission to give notice to incapacitated person
420 What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment
421 Administrator must pay the amount of overpayment to the Commonwealth
422 Compliance by the administrator
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Part 4—Appropriation
423 Appropriation
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Part 5—Special assistance
424 Special assistance
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Part 5A—Clean energy payments
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Division 6—Multiple entitlement exclusions
424L Multiple entitlement exclusions
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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.
430A Use and disclosure of account details
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
437A Delegation by Minister
438 Delegation by Chief of the Defence Force
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Part 7—Regulations
439 Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4
440 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history