Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 12

             (1)  This section applies to a person if:

                     (a)  the person is suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and

                     (b)  after the commencement date:

                              (i)  a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to, the war‑caused or defence‑caused injury or disease (the aggravated injury or disease ); or

                             (ii)  the person applies under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of an aggravation of, or a material contribution to, the war‑caused or defence‑caused injury or disease (the aggravated injury or disease ), being an aggravation or material contribution to which subsection 7(2) or 8(2) of this Act applies; and

                     (c)  a notice has not previously been given to the person under this section in respect of the aggravated injury or disease.

             (2)  The Commission must give the person a written notice as soon as practicable advising the person that he or she must choose between:

                     (a)  making a claim under section 319 of the MRCA for acceptance of liability for the aggravated injury or disease; or

                     (b)  applying under section 15 of the VEA for an increase in a rate of pension in respect of the aggravated injury or disease.

Note:          A person makes the choice by making a claim or applying, or continuing with a claim or application, under one of those sections.