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MILITARY REHABILITATION AND COMPENSATION ACT 2004

Table of Provisions

CHAPTER 1--Introduction

 

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

PART 3--DEFINITIONS--OF SERVICE INJURY, SERVICE DISEASE AND SERVICE DEATH

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  
    •  

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

PART 2--REHABILITATION--PROGRAMS--GENERAL

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

  • 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  

Division 3--Provision of rehabilitation programs

PART 2A--NON---LIABILITY REHABILITATION PILOT

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

  • 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

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

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

Subdivision A--Simplified outline of this Division

Division 4--Working out normal and actual earnings for part-time Reservists who were previously Permanent Forces members

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

Division 6--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

Division 1--Entitlement to compensation

Division 2--Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)

Subdivision A--Simplified outline of this Division

Division 3--Working out normal earnings for certain former Permanent Forces members

Division 4--Working out normal earnings and normal weekly hours for certain former continuous full-time Reservists

Subdivision A--Simplified outline of this Division

Division 5--Working out normal earnings and normal weekly hours for former part-time Reservists who were engaged in civilian work

Subdivision A--Simplified outline of this Division

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

Subdivision A--Simplified outline of this Division

Division 9--Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members

PART 5--ADJUSTING--THE AMOUNT OF COMPENSATION FOR INCAPACITY FOR SERVICE OR WORK

Division 1--Introduction

Division 2--General rules relating to normal and actual earnings etc.

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  

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  

Division 5--Working out compensation for parts of weeks

PART 6--CHOICE--TO RECEIVE A SPECIAL RATE DISABILITY PENSION

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

Division 3--Compensation for household and attendant care services

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  

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 and legal 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

  • 245 Eligibility for MRCA supplement  
  • 246 MRCA supplement not payable in some circumstances  
  • 247 Rate of MRCA supplement  
  • 248 Payment of MRCA supplement  

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

Division 3--Weekly compensation for certain eligible young persons

Division 4--Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons

Division 5--Whom compensation under Divisions 2 to 4 is payable to

Division 6--Education scheme for certain eligible young persons dependent on members, former members and deceased members

Division 7--Exclusion of Part for wholly dependent partners

PART 4--COMPENSATION--FOR DEPENDANTS OTHER THAN WHOLLY DEPENDENT PARTNERS AND ELIGIBLE YOUNG PERSONS

PART 5--COMPENSATION--FOR FUNERAL EXPENSES

CHAPTER 5A--Acute and employment support

 

PART 1--ACUTE--SUPPORT

  • 268A Simplified outline of this Part  
  • 268B Acute support package  

PART 2--EMPLOYMENT--SUPPORT TO FORMER MEMBERS

CHAPTER 6--Treatment for injuries and diseases

 

PART 1--SIMPLIFIED--OUTLINE OF THIS CHAPTER

  • 269 Simplified outline of this Chapter  

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

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 1A--Compensation for treatment obtained in special circumstances

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

  • 300 Eligibility for MRCA supplement  
  • 301 MRCA supplement not payable in some circumstances  
  • 302 Rate of MRCA supplement  
  • 303 Payment of MRCA supplement  

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

  • 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  

Division 3--What happens after a claim is made

Subdivision A--Investigation of claims
  • 324 Investigation by the Commission  
    • Subdivision B--Needs assessments
  • 325 When the Commission may or must carry out a needs assessment  
  • 326 Assessment of a person's needs  
    • Subdivision C--Medical examinations
  • 328 Power to require medical examination  
  • 329 Consequences of failure to undergo an examination  
    • Subdivision D--Obligations of claimants and Commission
  • 330 Power to request the provision of information  
  • 331 Certain documents to be supplied on request  

PART 2--DETERMINATION--OF CLAIMS

CHAPTER 8--Reconsideration and review of determinations

 

PART 1--PRELIMINARY

PART 2--NOTIFYING--ORIGINAL DETERMINATIONS

  • 346 Notifying original determinations  

PART 3--RECONSIDERATION--OF DETERMINATIONS

PART 4--REVIEW--BY THE BOARD OF ORIGINAL DETERMINATIONS

PART 5--REVIEW--BY THE TRIBUNAL

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

PART 6--MEETINGS--AND RESOLUTIONS

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

  • 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  

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  

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 persons receiving a Commonwealth superannuation benefit

PART 4--APPROPRIATION

  • 423 Appropriation  

PART 5--SPECIAL--ASSISTANCE

  • 424 Special assistance  

PART 5A--CLEAN--ENERGY PAYMENTS

Division 6--Multiple entitlement exclusions

  • 424L Multiple entitlement exclusions  

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  

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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