Federal Register of Legislation - Australian Government

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SLI 2009 No. 299 Regulations as made
These Regulations amend the Military Rehabilitation and Compensation Regulations 2004 to enable cadets/declared members in certain circumstances to receive incapacity payments whilst undertaking a rehabilitation program, whilst unfit to start or continue on a rehabilitation program or without the need to undertake a rehabilitation program.
Administered by: Veterans' Affairs
Registered 17 Nov 2009
Tabling HistoryDate
Tabled HR19-Nov-2009
Tabled Senate19-Nov-2009
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Military Rehabilitation and Compensation Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 299

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Military Rehabilitation and Compensation Act 2004.

Dated 12 November 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ALAN GRIFFIN


1              Name of Regulations

                These Regulations are the Military Rehabilitation and Compensation Amendment Regulations 2009 (No. 2).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Military Rehabilitation and Compensation Regulations 2004

                Schedule 1 amends the Military Rehabilitation and Compensation Regulations 2004.


Schedule 1        Amendments

(regulation 3)

 

[1]           Paragraph 6 (2) (b), table, item 1

substitute

1

16 or over

Cadet:

   (a)  is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and

   (b)  has undertaken a rehabilitation assessment; and

   (c)  any of the following:

         (i)   has undertaken a rehabilitation program;

        (ii)   is undertaking a rehabilitation program;

       (iii)   is not currently fit to undertake a rehabilitation program;

       (iv)   is assessed as not requiring a rehabilitation program

An amount determined by the Commission, having regard to the cadet’s qualifications, skills and experience

[2]           Paragraph 8 (2) (b), table, item 1

substitute

1

16 or over

Person:

   (a)  is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and

   (b)  has undertaken a rehabilitation assessment; and

   (c)  any of the following:

         (i)   has undertaken a rehabilitation program;

        (ii)   is undertaking a rehabilitation program;

       (iii)   is not currently fit to undertake a rehabilitation program;

       (iv)   is assessed as not requiring a rehabilitation program

An amount determined by the Commission:

   (a)  having regard to the person’s qualifications, skills and experience; and

   (b)  assuming that the normal weekly hours of the person are 37.5 hours

[3]           Paragraph 12 (2) (b), table, item 1

substitute

1

16 or over

Member:

   (a)  is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and

An amount determined by the Commission, having regard to the member’s qualifications, skills and experience

 

 

   (b)  has undertaken a rehabilitation assessment; and

   (c)  any of the following:

         (i)   has undertaken a rehabilitation program;

        (ii)   is undertaking a rehabilitation program;

       (iii)   is not currently fit to undertake a rehabilitation program;

       (iv)   is assessed as not requiring a rehabilitation program

 


[4]           Paragraph 15 (2) (b), table, item 1

substitute

1

16 or over

Person:

   (a)  is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and

   (b)  has undertaken a rehabilitation assessment; and

   (c)  any of the following:

         (i)   has undertaken a rehabilitation program;

        (ii)   is undertaking a rehabilitation program;

       (iii)   is not currently fit to undertake a rehabilitation program;

       (iv)   is assessed as not requiring a rehabilitation program

An amount determined by the Commission:

   (a)  having regard to the person’s qualifications, skills and experience; and

   (b)  assuming that the normal weekly hours of the person are 37.5 hours


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.