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Instrument 2018 No. MRCC 76 Other as made
This instrument specifies the circumstances for determining whether a person is undertaking full-time study for the purposes of subsection 19(3AB) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.
Administered by: Veterans' Affairs
Registered 19 Oct 2018
Tabling HistoryDate
Tabled HR22-Oct-2018
Tabled Senate12-Nov-2018

 

 

 


Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

 

Safety, Rehabilitation and Compensation (Defence-related Claims) (Fulltime Study) Instrument 2018

 

Instrument 2018 No. MRCC 76

 

 

 

The Military Rehabilitation and Compensation Commission, by its delegates, under subsection 19(3AC) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, makes the following instrument.

Dated this       17th            day of       October                2018

 

 

 

The Seal of the                                                                    )

Military Rehabilitation and Compensation Commission    )  SEAL

was affixed hereto in the                                                     )

presence of:                                                                         )

 

 

 

 

 

 

 

 

 

Elizabeth Cosson

ELIZABETH COSSON

C Orme

CRAIG ORME

M A Kelly

Major General Mark Kelly

AM CSC

DSC AM CSC

AO DSC

CHAIR and DELEGATE

MEMBER and DELEGATE

MEMBER and DELEGATE

 

 

 

 

1 Name

This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) (Fulltime Study) Instrument 2018.

2 Commencement

This instrument commences on 1 November 2018.

3 Authority

This instrument is made under subsection 19(3AC) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

4 Purpose

The purpose of this instrument is to determine the circumstances of undertaking fulltime study for the purposes of subsection 19(3AB) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

5 Full-time study

(1)   For the purposes of subsection 19(3AB) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, a person is undertaking full‑time study in the circumstances set out in subsection (2).

 

(2)   A person is undertaking full‑time study if:

 

(a)    the person is enrolled in a course of study or instruction that:

 

(i)     leads to the award of any of the types of qualifications referred to in subsection (3); or

 

(ii)   is necessary to complete in order to meet the requirements for entry into a course of study or instruction referred to in subparagraph (i); and

 

(b)   the person is undertaking in the particular study period (for example, a semester) for which he or she is enrolled in the course at least three‑quarters of the normal amount of full‑time study in respect of the course for that period; and

 

(c)    in the Commission’s opinion, the person is making satisfactory progress towards completing the course.

 

(3)   The types of qualifications are:

 

(a)    the Senior Secondary Certificate of Education referred to in the Australian Qualifications Framework or a qualification that is equivalent to it; or

 

(b)   a qualification accredited at any of the following levels in the Australian Qualifications Framework:

 

(i)         Certificate I, II, III or IV;

 

(ii)       diploma;

 

(iii)     advanced diploma or associate degree;

 

(iv)     bachelor degree;

 

(v)       bachelor honours degree, graduate certificate or graduate diploma.

 

(4)   For the purposes of paragraph (2)(b), the normal amount of full‑time study in respect of a course is:

 

(a)    if the institution or body conducting the course defines an amount of

full‑time study that a full‑time student should typically undertake in respect of the course – the amount so defined; or

 

(b)   otherwise – an amount of full‑time study equivalent to the average amount of full‑time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

 

(5)   In this section, “Australian Qualifications Framework” means the framework for recognition and endorsement of qualifications:

 

(a)    that is established by the Council consisting of the Ministers for the Commonwealth and each State and Territory responsible for higher education; and

 

(b)   that is to give effect to agreed standards in relation to the provision of education in Australia;

 

as in force on the day of commencement of this instrument.

 

Note:   The version of the Australian Qualifications Framework that is in force on the day of commencement of this instrument is the Second Edition January 2013. The Australian Qualifications Framework is available at: https://www.aqf.edu.au/sites/aqf/files/aqf-2nd-edition-january-2013.pdf.