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Instrument 2018 No. MRCC 69 Other as amended, taking into account amendments up to Military Rehabilitation and Compensation (Family Support) Amendment (Child Care Services) Instrument 2022
Administered by: Veterans' Affairs
Registered 12 May 2022
Start Date 01 Apr 2022
Table of contents.

 

Commonwealth Coat of Arms

Military Rehabilitation and Compensation Commission

 

Military Rehabilitation and Compensation (Family Support) Instrument (No.2) 2018

 

Instrument 2018 No. MRCC 69

made under section 268B of the

Military Rehabilitation and Compensation Act 2004

Compilation No. 2               

Compilation date:                              1 April 2022

Includes amendments up to:            F2022L00507

 

 

 

 

 

 

 

About this compilation

 

This compilation

This is a compilation of the Military Rehabilitation and Compensation (Family Support) Instrument (No.2) 2018 that shows the text of the law as amended and in force on 1 April 2022 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Contents

Part 1— Preliminary

1  Name……………………………………………………………………………………..                1

3  Authority and Revocation………………………………………………………………   1

4  Purpose………………………………………………………………………………..     1

5  Defintions……………………………………………………………………………….  1

                         6  Requirement for warlike service……………………………………………………        2

Part 2— Assistance or benefits to members, former members and nominated persons

Persons eligible for assistance or benefits under this Part ……………...……..……......  2

8  Specification……………………………………………………………………………    2

9  Nominated persons……………………………………………………………………… 3

 10  Kinds of assistance or benefits………..…………………………………………              3

 11  Child care services………..…………………………………….………………               3

 12  Counselling         ……..……………………..………………….………………               4

                   Part 3— Assistance or benefits to partners of certain deceased members

           13  Application of Part…………………..………………….…………………..… 4

           14  Persons eligible for assistance or benefits…….………………………….....… 4

           15  Kinds of assistance or benefits .…………………………………..………...… 4

           16  Childcare services.……………………………….………………………….…                5

           17  Household services.………………………..…………………………..…....…                5

         17A Amounts provided for household services may be used for child care services………..  6

           18  Counselling.………………………………………………………………….…               6

 

 

 

 

 

 

 


Part 1 — Preliminary

1  Name

       This instrument is the Military Rehabilitation and Compensation (Family Support) Instrument (No.2) 2018.

3   Authority and Revocation

(1)   This instrument is made under section 268B of the Military Rehabilitation and Compensation Act 2004.

 

4   Purpose

 

The purpose of this instrument is to make provision for the Commission to grant child care services, counselling and household services to eligible persons (see sections 8 and 14).

5  Definitions

     In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

child care provider means a person approved (however described) to provide child care services by the Secretary of the Commonwealth Department responsible for education.

 

counselling means any form of brief intervention counselling, including, but not limited to, mental health counselling, financial counselling, life skills counselling, counselling to provide mental health first aid and counselling focusing on caring for veterans with specific disabilities.

 

counselling provider means a person accredited (however described) to provide counselling by the professional body of which the person is a member.

 

household services means any service conducted within or around the principal place of residence of the partner of a deceased member to assist with the proper functioning or maintenance of the environment of the residence that will assist the partner to adjust to life after the deceased member’s death, including, but not limited to, home cleaning, gardening services and home maintenance services.

 

household services provider means a person with an Australian Business Number and public liability insurance who is in the business of providing household services.

 

nominated person – see section 9.

 

partner of a deceased member means the person who was the partner of the deceased member at the time of the deceased member’s death.

 

primary school age for a child means any of the ages at which the child in the State or Territory in which the child lives would usually attend a primary school.

 

related person of a former member has the same meaning as in section 15 of the Act as if a reference in that section to a member were a reference to a former member.

 

school age for a child means the age at which the child is required by a law of the State or Territory in which the child lives to attend school.

 

Note 1: The following terms used in this instrument are defined in the Act:

 

approved rehabilitation program (s41)

child (s5(1))

Commission (s5(1))

deceased member (s5(1))

former member (s5(1))

member (s5(1))

partner (s5(1))

related person (s15)

rehabilitation authority (s5(1))

service death (s5(1))

warlike service (s6(1))

 

Note 2: The definition of ‘deceased member’ in the Act has a particular meaning. It includes a deceased former member as well as a deceased member. The definition of ‘deceased member’ is used in Part 3 of this instrument.

6   Requirement for warlike service

Assistance or benefits must not be granted under this instrument unless the member, former member or deceased member rendered warlike service on or after 1 July 2004 in accordance with subsection 268B(2) of the Act.

Part 2 — Assistance or benefits to members, former members and nominated persons

 

7   Application of Part

 

This Part applies to:

 

(a)   a member or former member; and

 

(b)   a nominated person of the member or former member.

 

8   Persons eligible for assistance or benefits under this Part

 

The Commission may grant assistance or benefits under this Part to a member or former member, or a nominated person of the member or former member, if the Commission is satisfied that:

 

(a)   the member or former member has rendered warlike service on or after 1 July 2004; and

 

(b)   the Commission is the rehabilitation authority for the member or former member; and

(c)   the Commonwealth is liable to pay compensation to the member under section 85 of the Act or the former member under section 118 of the Act; and

(d)   the member or former member has an approved rehabilitation program; and

(e)   the member or former member, or the nominated person of the member or former member, is in need of the assistance or benefits.

 

9   Nominated persons

 

A member or former member may list one or more of his or her related persons in the member’s or former member’s approved rehabilitation program for the purpose of assistance or benefits being granted under this Part.

 

Note: subsection 15(2) of the Act provides that a related person of a member is:

·         the member’s partner,

·         a parent or step-parent of the member,

·         a parent or step-parent of the member’s partner,

·         a grandparent of the member,

·         a child or stepchild of the member,

·         a child or stepchild of the member’s partner,

·         a grandchild of the member,

·         the member’s brother, sister, half-brother or half-sister,

·         a person in respect of whom the member stands in the position of a parent; or

·         a person who stands in the position of a parent to the member. 

 

The definition of related persons is purposefully broad to reflect the different family structures accepted as family in contemporary Australian society.

 

10   Kinds of assistance or benefits

 

Child care services or counselling, or both, may be granted under this Part.

 

11   Child care services

 

(1)  A member or former member, or a nominated person of the member or former member, may be provided with child care services for a child of the member or former member.

 

(2)  If a child is under school age, the amount for child care services payable in relation to the child must not exceed $10,000 per financial year.

 

(2)   If a child is of primary school age, the amount for child care services payable in relation to the child must not exceed $5,000 per financial year.

 

(4)  A child care service is to be provided by a child care provider and any amount for child care services is to be paid to the child care provider.

 

(5)  To avoid doubt, an amount for child care services is not payable by way of reimbursement.

12   Counselling

 

(1)   A member or former member, or a nominated person of the member or former member, may be provided with counselling.

(2)   The family group of a member or former member (see subsection (6)) may be provided with up to 4 counselling sessions per year during the 5 year period starting on the date of the first counselling session.

(3)   A counselling session may be provided to an individual member of a family group, or to more than one member or all members of the family group.

(4)   Counselling is to be provided by a counselling provider and any amount for counselling is to be paid to the counselling provider.

(5)   To avoid doubt, an amount for counselling is not payable by way of reimbursement.

(6)   In this section, “family group” means the group consisting of a member or former member and any nominated persons of the member or former member.

 

Part 3 — Assistance or benefits to partners of certain deceased members

 

13   Application of Part

This Part applies to partners of certain deceased members.

 

14   Persons eligible for assistance or benefits

The Commission may grant assistance or benefits to a person if the Commission is satisfied that:

(a)   the person was the partner of a deceased member at the time of the deceased member’s death; and

(b)   the deceased member rendered warlike service on or after 1 July 2004; and

(c)   the deceased member’s death:

(i)       was death by suicide related to his or her service; or

(ii)     was a service death.

15   Kinds of assistance or benefits

Any or all of the following kinds of assistance or benefits may be granted under this Part:

 

(a)   child care services;

 

(b)   counselling;

 

(c)   household services.

16   Child care services

 

(1)   The partner of a deceased member may be provided with child care services for a child of the deceased member.

 

(2)   If a child is under school age, the amount for child care services payable in relation to the child must not exceed $10,000 per financial year.

 

(3)   If a child is of primary school age, the amount for child care services payable in relation to the child must not exceed $5,000 per financial year.

 

(4) A child care service provided under subsection (1) is to be provided by:

(a)        a child care provider; or

(b)        if a person or entity is registered under section 73E of the National Disability Insurance Scheme Act 2013 in relation to the provision of child care services – by the person or entity.

(4A) Any amount payable for child care services is to be paid to the child care    

  provider or the person or entity who provided the service.

 

(5)   To avoid doubt, an amount for child care services is not payable by way of reimbursement.

 

17   Household services

 

(1)   The amount for household services payable in relation to the partner of a deceased member must not exceed $482.50 per week.

 

(2)    Household services for the partner of a deceased member cease to be available on and after the second anniversary of the deceased member’s death.

 

(3)   Household services are to be provided by a household services provider chosen by the partner of a deceased member and, subject to subsection (4), any amount for household services is to be paid to the household services provider.

 

(4)   Subject to subsection (1), if the Commission is satisfied that there are exceptional circumstances, an amount for household services provided by a household services provider may be paid by way of reimbursement to the partner of a deceased member.

 

(5)   The amount of $482.50 per week is to be indexed in accordance with section 404 of the Act as if a reference to subsection 17(1) of this instrument were included in subsection 404(1) of the Act.


 

17A  Amounts provided for household services may be used for child care    services

(1)  This section applies if the partner of a deceased member is provided with:

    (a)  child care services under section 16; and

    (b)  household services under section 17.

(2)  The partner of the deceased member may elect for some or all of an  amount payable for household services for a week to instead be paid for child care services for the week.

(3)  An amount paid for child care services under this section is not to be counted for the purposes of subsection 16(2) or (3).

(4)  The conditions in subsections 16(4), (4A) and (5) apply to an amount paid for child care services under this section.

 

18    Counselling

 

(1)     The partner of a deceased member may be provided with up to 4 counselling sessions per calendar year.

 

(2)     Counselling for the partner of a deceased member ceases to be available on and after the second anniversary of the deceased member’s death.

 

(3)     Counselling is to be provided by a counselling provider and any amount for counselling is to be paid to the counselling provider.

 

(4)     To avoid doubt, an amount for counselling is not payable by way of reimbursement.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Military Rehabilitation and Compensation (Family Support) Instrument (No.2) 2018

9 July 2018

(F2018L01016)

10 July 2018

-

Military Rehabilitation and Compensation (Family Support) Amendment Instrument 2021

22 December 2021

(F2021L01881)

23 December 2021

-

Military Rehabilitation and Compensation (Family Support) Amendment (Child Care Services) Instrument 2022

1 April 2022

(F2022L00507)

1 April 2022

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 3(2)

rep LA s 48C

s 16

ad F2021L01881

s 17A

ad F2022L00507