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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 319 Making a claim

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 319

Making a claim

  (1)   A claim may be made under this section for one or more of the following:

  (a)   acceptance of liability by the Commission for a service injury sustained by a person or a service disease contracted by a person;

  (b)   acceptance of liability by the Commission for the service death of a person;

  (c)   acceptance of liability by the Commission for the loss of, or damage to, a member's medical aid;

  (d)   compensation.

Note:   Section   320 sets out who may make the claim.

  (2)   A claim under paragraph   (1)(a), (b) or (c) must:

  (a)   be in writing; and

  (b)   be given to the Commission; and

  (c)   satisfy the requirements (if any):

  (i)   prescribed by the regulations; or

  (ii)   determined in writing by the Commission;

    as to the form and content of claims, or claims of that kind.

Note:   Section   323 sets out when a claim is taken to have been given to the Commission.

  (2A)   A claim under paragraph   (1)(d) must:

  (a)   be in writing and be given to the Commission; or

  (b)   be made orally to the Commission.

Note:   Section   323 sets out when a claim is taken to have been given to the Commission.

  (3)   The Commission must give a copy of a claim under paragraph   (1)(a), (b) or (c) that has been made in respect of a person (except a claim made by the Chief of the Defence Force on behalf of the person) to the Chief of the Defence Force if:

  (a)   the claim is for the acceptance of liability by the Commission for a service injury sustained by the person, a service disease contracted by the person or the person's service death; and

  (b)   the person was a member of the Defence Force:

  (i)   for a claim relating to a service injury or disease--at the time the claim was made; or

  (ii)   for a claim relating to a service death--at the time of death.

  (4)   The Commission must advise the Chief of the Defence Force of the making of a claim under paragraph   (1)(d) in respect of a person if:

  (a)   the claim is for compensation under Part   2 of Chapter   4 (permanent impairment); and

  (b)   the person was a member of the Defence Force at the time the claim was made.