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

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

TABLE OF PROVISIONS

           Long Title

   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

   123.    Interpretation  
   123A.   Injuries suffered before the commencing day  

           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

   140.    Simplified outline of this Part  
   141.    Definitions  

           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