Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 8

             (1)  The MRCA applies to an injury, disease or death if:

                     (a)  the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and

                     (b)  the injury, disease or death occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and

                     (c)  the treatment is provided either:

                              (i)  on or after the commencement date; or

                             (ii)  before, and on or after, the commencement date.

Note:          After the commencement date, benefits stop being provided under the VEA and the SRCA for such injuries, diseases and deaths (see sections 9A and 70A of the VEA and subsection 6A(2A) of the SRCA).

             (2)  The MRCA applies to an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, if:

                     (a)  the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

                     (b)  the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and

                     (c)  the treatment is provided either:

                              (i)  on or after the commencement date; or

                             (ii)  before, and on or after, the commencement date.

Note 1:       After the commencement date, benefits stop being provided under the VEA and the SRCA for such aggravations and material contributions (see sections 9A and 70A of the VEA and subsection 6A(2A) of the SRCA).

Note 2:       The MRCA does not apply to an aggravation or material contribution if a person instead applies under section 15 of the VEA for an increase in a pension because of the aggravation or material contribution (see section 9 of this Act).

             (3)  To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.