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SAFETY, REHABILITATION AND COMPENSATION (DEFENCE-RELATED CLAIMS) ACT 1988

Table of Provisions

PART I--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Application of Act  
  • 3A Secretary may arrange for use of computer programs to make decisions or determinations  
  • 4 Interpretation  
  • 4AA Application of this Act  
  • 5 Employees  
  • 5A Definition of injury  
  • 5B Definition of disease  
  • 6 Injury arising out of or in the course of employment  
  • 6A Injury arising out of or in the course of employment--extended operation  
  • 7 Provisions relating to diseases  
  • 8 Normal weekly earnings  
  • 9 Relevant period  
  • 10 Recovery of damages  
  • 11 Liability of relevant authority  
  • 12 Amounts of compensation  
  • 13 Indexation--Consumer Price Index  
  • 13AA Indexation--Wage Price Index  
  • 13A Application of Criminal Code  

PART II--COMPENSATION

Division 1--Injuries, property loss or damage, medical expenses

  • 14 Compensation for injuries  
  • 15 Compensation for loss of or damage to property used by employee  
  • 16 Compensation in respect of medical expenses etc.  

Division 2--Injuries resulting in death

  • 17 Compensation for injuries resulting in death  
  • 18 Compensation in respect of funeral expenses  

Division 3--Injuries resulting in incapacity for work

  • 19 Compensation for injuries resulting in incapacity  
  • 20 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension  
  • 21 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit  
  • 21A Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit  
  • 22 Compensation where employee is maintained in a hospital  
  • 23 Compensation for incapacity not payable in certain cases  

Division 4--Injuries resulting in impairment

  • 24 Compensation for injuries resulting in permanent impairment  
  • 25 Interim payment of compensation  
  • 26 Payment of compensation  
  • 27 Compensation for non - economic loss  
  • 28 Approved Guide  

Division 5--Household and attendant care services

  • 29 Compensation for household services and attendant care services obtained as a result of a non - catastrophic injury  
  • 29A Compensation for household services and attendant care services obtained as a result of a catastrophic injury  

Division 6--Miscellaneous

  • 30 Redemption of compensation  
  • 31 Recurrent payments after payment of lump sum  
  • 32 Cancelled determinations not to affect certain payments of compensation  
  • 33 Reduction of compensation in certain cases  

PART III--REHABILITATION

  • 36 Assessment of capability of undertaking rehabilitation program  
  • 37 Provision of rehabilitation programs  
  • 38 Review of certain determinations by the MRCC  
  • 39 Compensation payable in respect of certain alterations etc.  
  • 40 Duty to provide suitable employment  
  • 40A Scheme may provide for payments to employers  
  • 41 Rehabilitation authorities to comply with guidelines  
  • 41A Delegation by rehabilitation authority  

PART IIIA--ACUTE--SUPPORT

  • 41B Acute support package  

PART IV--LIABILITIES--ARISING APART FROM THIS ACT

  • 42 Interpretation  
  • 43 Certain persons may request cessation of compensation payments  
  • 44 Action for damages not to lie against Commonwealth etc. in certain cases  
  • 45 Actions for damages--election by employees  
  • 46 Notice of common law claims against third party  
  • 47 Notice of common law claims against Commonwealth  
  • 48 Compensation not payable where damages recovered  
  • 49 Dependants not claiming compensation  
  • 50 Common law claims against third parties  
  • 51 Payment of damages by persons to the Commonwealth  
  • 52 Compensation not payable both under Act and under award  
  • 52A The Commonwealth's rights and obligations in respect of certain action for non - economic loss  

PART V--CLAIMS--FOR COMPENSATION

  • 53 Notice of injury or loss of, or damage to, property  
  • 54 Claims for compensation  
  • 55 Survival of claims  
  • 56 Claims may not be made in certain cases  
  • 57 Power to require medical examination  
  • 58 Power to request the provision of information  
  • 59 Certain documents to be supplied on request  

PART VI--RECONSIDERATION--AND REVIEW OF DETERMINATIONS

  • 60 Interpretation  
  • 60A Application of this Part to decisions about acute support packages  
  • 61 Determinations to be notified in writing  
  • 62 Reconsideration of determinations  
  • 63 Reviewable decision to be notified in writing  
  • 64 Applications to the Administrative Appeals Tribunal  
  • 65 Modifications of the Administrative Appeals Tribunal Act 1975  
  • 66 Evidence in proceedings before Administrative Appeals Tribunal  
  • 67 Costs of proceedings before Administrative Appeals Tribunal  

PART IX--MISCELLANEOUS

  • 109A Jurisdiction of courts with respect to extraterritorial offences  
  • 109 Determinations to be in writing  
  • 110 Money paid to relevant authority for benefit of person  
  • 111 Provisions applicable on death of beneficiary  
  • 112 Assignment, set - off or attachment of compensation  
  • 112A Making of compensation payments through employers of employees paid out of relevant money  
  • 112B Making of compensation payments through employers of employees not paid out of relevant money  
  • 113 Recovery of amounts due to the Commonwealth  
  • 114 Recovery of overpayments  
  • 114A Notice to the MRCC of retirement of employee  
  • 114B Recovery of overpayment to retired employee  
  • 114C The MRCC may write off debt  
  • 114D The MRCC may waive debt  
  • 115 Deduction of overpayments of repatriation pensions  
  • 116 Employees on compensation leave  
  • 118 Double benefits  
  • 119 Compensation where State compensation payable  
  • 120 Notice of departure from Australia etc.  
  • 121B Regulations modifying the operation of this Act  
  • 122 Regulations  
  • 122A Legislative rules  

PART X--TRANSITIONAL--PROVISIONS

Division 1--Preliminary

Division 2--Transitional provisions

  • 124 Application of Act to pre - existing injuries  
  • 125 Payments under previous Acts  
  • 126 Notices, claims etc. under previous Acts  
  • 127 Settlements and determinations under previous Acts  
  • 128 Liability under previous Acts  
  • 129 Application for review and other proceedings under previous Acts  
  • 129A Reconsideration and review of certain determinations under 1971 Act  
  • 130 Money and investments held under 1971 Act  

Division 3--Special transitional provisions relating to certain former employees

  • 131 Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work  
  • 132 Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work  
  • 132A Former employees under 65 who are capable of engaging in any work  
  • 133 Minimum benefit payable  
  • 134 Reduction of compensation on reaching pension age  
  • 135 Former employees 65 and over who are in receipt of superannuation benefits  
  • 136 Former employees 65 and over who are not in receipt of superannuation benefits  
  • 137 Redemption on request by former employee  

PART XI--OPERATION--OF THIS ACT IN RELATION TO CERTAIN DEFENCE-RELATED INJURIES AND DEATHS ETC.

Division 1--Preliminary

Division 2--Management of defence-related claims

  • 142 Functions of MRCC  
  • 143 Giving copies of defence - related claims etc.  
  • 144 Provisions relating to management of claims etc.  

Division 2A--Treatment of certain defence-related injuries

  • 144A Persons entitled to treatment under other legislation not entitled to certain compensation  
  • 144B Treatment of certain defence - related injuries to be provided under the MRCA or the Veterans' Entitlements Act 1986  
  • 144C Exceptional circumstances determination  

Division 3--Administrative matters

  • 145 Relevant authority  
  • 146 Rehabilitation authority etc.  
  • 147 Notice to the Chief of the Defence Force  
  • 148 Rehabilitation programs  
  • 149 Directions by Minister  
  • 151 MRCC may obtain information etc.  
  • 151AA Self - incrimination  
  • 151A Giving information  
  • 152 Delegation  
  • 154 Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act  

Division 5--Modifications relating to Comcare and Defence Department for employees who are engaged in defence service

  • 157 Application of certain provisions to Defence Department  

Division 6--Appropriation

  • 160 Appropriation  

Division 7--Annual report

  • 161 Annual report  

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