[pic] Military Rehabilitation and Compensation Regulations 2004 Statutory Rules 2004 No. 156 as amended made under the Military Rehabilitation and Compensation Act 2004 This compilation was prepared on 1 July 2011 taking into account amendments up to SLI 2011 No. 120 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1 Preliminary 1 Name of Regulations 5 2 Commencement 5 3 Definitions 5 Part 2 Matters relating to cadets Division 1 Interpretation for Part 2 4 Interpretation 6 Division 2 Working out compensation for serving cadets 5 Normal and actual earnings - cadet engaged in paid civilian work at time of incapacity (Act s 116) 6 6 Normal and actual earnings - cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity (Act s 116) 7 Division 3 Working out compensation for former cadets 7 Normal earnings and normal weekly hours for person who was a cadet - person engaged in paid civilian work before last ceasing to be member of Defence Force (Act s 175) 9 8 Normal earnings and normal weekly hours for person who was a cadet - person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force (Act s 175) 11 Division 4 Working out compensation for parts of weeks 9 Number of days in part of week (Act s 196) 13 Division 5 Modification of Chapter 2 in relation to cadets 10 Modifications of Chapter 2 (Act s 439) 13 Part 3 Matters relating to declared members Division 1 Working out compensation for declared members 11 Normal and actual earnings - declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance (Act s 116) 14 12 Normal and actual earnings - declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance (Act s 116) 15 13 Normal and actual earnings - incapacitated declared member undertaking career transition assistance (Act s 116) 16 Division 2 Working out compensation for former declared members 14 Normal and actual earnings - former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance (Act s 175) 18 15 Normal earnings for persons who were declared members - persons not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance (Act s 175) 19 16 Normal and actual earnings - incapacitated former declared member who undertook career transition assistance (Act s 175) 21 Division 3 Working out compensation for parts of weeks 17 Working out compensation for parts of weeks for declared members (Act s 196) 22 Part 4 Review by the Board of original determinations 18 Application of the Veterans' Entitlements Regulations 1986 23 Part 5 Indexation of certain pay and earnings 19 Indexation of pre-CFTS pay and civilian daily earnings 25 20 Indexation of $100 in ADF pay 25 Part 6 Miscellaneous 21 Provision of Information by the Military Rehabilitation and Compensation Commission 27 Schedule 1 Modifications of Chapter 2 of the Act in relation to cadets 29 Notes 30 Part 1 Preliminary 1 Name of Regulations These Regulations are the Military Rehabilitation and Compensation Regulations 2004. 2 Commencement These Regulations commence on 1 July 2004. 3 Definitions (1) In these Regulations: Act means the Military Rehabilitation and Compensation Act 2004. Human Services Department means the Department administered by the Minister administering the Human Services (Centrelink) Act 1997. remunerated cadet means an Officer of Cadets, or an Instructor of Cadets, who is remunerated for his or her service as a cadet. Note Cadet and declared member are defined in section 5 of the Act, as are other expressions relevant to these Regulations. (2) In these Regulations, a reference to a person undertaking a period of career transition assistance means a person who, under subsection 8 (1) of the Act, is taken to be a member by reason of undertaking Career Transition Assistance under an arrangement made by the Australian Defence Force. Part 2 Matters relating to cadets Division 1 Interpretation for Part 2 4 Interpretation In this Part, a reference to a person who is in casual work means a person who: (a) is employed on a casual or irregular basis; and (b) is 16 years or over. Division 2 Working out compensation for serving cadets 5 Normal and actual earnings - cadet engaged in paid civilian work at time of incapacity (Act s 116) (1) For section 116 of the Act, this regulation applies to a cadet who: (a) for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a cadet when the service injury was sustained or the service disease was contracted; and (c) was engaged in paid civilian work that was not casual work at the time of his or her incapacity; and (d) is not a person who is unable to continue full-time studies or enter the workforce as a result of the incapacity. (2) The cadet's normal earnings for a week is the amount worked out by: (a) treating the cadet as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of: (i) if the person is a remunerated cadet - the total of: (A) an amount determined by the Commission having regard to the cadet's rate of pay; and (B) if the cadet is also a member of the Permanent Forces or the Reserves - any normal ADF pay earned by the cadet; or (ii) in any other case - nil; and (c) working out the amount that would be the cadet's normal earnings if the cadet were an incapacitated Reservist. (3) The cadet's actual earnings for a week is the amount worked out by: (a) treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out, for the application of section 101 of the Act, the cadet's actual ADF pay; and (c) working out the amount that would be the cadet's actual earnings if the cadet were an incapacitated Reservist. 6 Normal and actual earnings - cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity (Act s 116) (1) For section 116 of the Act, this regulation applies to a cadet who, at the time of his or her incapacity, was: (a) for a week referred to in this regulation, incapacitated for either or both service or work as a result of a service injury or disease; and (b) a cadet when the service injury was sustained or the service disease was contracted; and (c) a person who was: (i) not engaged in paid civilian work; or (ii) only engaged in casual work. (2) The cadet's normal earnings for a week is the amount worked out by: (a) treating the cadet as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the cadet would have a civilian component worked out using the following table; and |Item|Cadet's|Cadet's circumstances|Normal earnings | | |age | | | |1 |16 or |Cadet: |An amount | | |over |(a) is unable to |determined by the | | | |continue full-time |Commission, having| | | |studies or enter the |regard to the | | | |workforce as a result|cadet's | | | |of the incapacity; |qualifications, | | | |and |skills and | | | |(b) has undertaken a |experience | | | |rehabilitation | | | | |assessment; and | | | | |(c) any of the | | | | |following: | | | | |(i) has undertaken a | | | | |rehabilitation | | | | |program; | | | | |(ii) is undertaking a| | | | |rehabilitation | | | | |program; | | | | |(iii) is not | | | | |currently fit to | | | | |undertake a | | | | |rehabilitation | | | | |program; | | | | |(iv) is assessed as | | | | |not requiring a | | | | |rehabilitation | | | | |program | | |2 |Any age|Any other |Nil | | | |circumstances | | (c) assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of: (i) if the person is a remunerated cadet - the total of: (A) an amount determined by the Commission having regard to the cadet's rate of pay; and (B) if the cadet is also a member of the Permanent Forces or the Reserves - any normal ADF pay earned by the cadet; or (ii) in any other case - nil; and (d) working out the amount that would be the cadet's normal earnings if the cadet were an incapacitated Reservist. (3) The cadet's actual earnings for a week is the amount worked out by: (a) treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out, for the application of section 101 of the Act, the cadet's actual ADF pay; and (c) working out the amount that would be the cadet's actual earnings if the cadet were an incapacitated Reservist. Division 3 Working out compensation for former cadets 7 Normal earnings and normal weekly hours for person who was a cadet - person engaged in paid civilian work before last ceasing to be member of Defence Force (Act s 175) (1) For section 175 of the Act, this regulation applies to a person: (a) who was a cadet; and (b) who, for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (c) who was a cadet when the service injury was sustained or the service disease was contracted; and (d) in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and (e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and (f) who, before last ceasing to be a member of the Defence Force, was a person engaged in civilian work that was not casual work. (2) The person's normal earnings for a week is the amount worked out by: (a) treating the person as if he or she were an incapacitated person mentioned in section 152 of the Act; and (b) assuming, for the application of section 153 of the Act, that the person would have an ADF component of: (i) if the person was a remunerated cadet - the total of: (A) an amount determined by the Commission having regard to the cadet's rate of pay; and (B) if the cadet was a member of the Permanent Forces or the Reserves - any ADF pay earned by the cadet up to and including the date of discharge; or (ii) in any other case - nil; and (c) working out the amount that would be the person's normal earnings if the person were an incapacitated person. (3) The person's weekly hours are the number of hours that would be the person's normal weekly hours worked out under section 158 of the Act as if the person were an incapacitated person. (4) The actual earnings for a week for a person to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act: (a) to whom subsection 125 (1) of the Act applies; and (b) if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection - to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act. 8 Normal earnings and normal weekly hours for person who was a cadet - person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force (Act s 175) (1) For section 175 of the Act, this regulation applies to a person: (a) who was a cadet; and (b) who, for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (c) who was a cadet when the service injury was sustained or the service disease was contracted; and (d) in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and (e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and (f) who, before last ceasing to be a member of the Defence Force: (i) did not have paid civilian work; or (ii) was engaged in casual work. (2) The person's normal earnings for a week is the amount worked out by: (a) treating the person as if he or she were an incapacitated person mentioned in section 152 of the Act; and (b) assuming, for the application of section 153 of the Act, that the person would have a civilian component worked out using the following table; and |Item|Person'|Person's |Normal earnings | | |s age |circumstances | | |1 |16 or |Person: |An amount | | |over |(a) is unable to |determined by the | | | |continue full-time |Commission: | | | |studies or enter |(a) having regard | | | |the workforce as a |to the person's | | | |result of the |qualifications, | | | |incapacity; and |skills and | | | | |experience; and | | | | (b) has undertaken| (b) assuming that | | | |a rehabilitation |the normal weekly | | | |assessment; and |hours of the person| | | |(c) any of the |are 37.5 hours | | | |following: | | | | |(i) has undertaken | | | | |a rehabilitation | | | | |program; | | | | |(ii) is undertaking| | | | |a rehabilitation | | | | |program; | | | | |(iii) is not | | | | |currently fit to | | | | |undertake a | | | | |rehabilitation | | | | |program; | | | | |(iv) is assessed as| | | | |not requiring a | | | | |rehabilitation | | | | |program | | |2 |Any age|Any other |Nil | | | |circumstances | | (c) assuming, for the application of section 153 of the Act, that the person would have an ADF component of: (i) if the person was a remunerated cadet - the total of: (A) an amount determined by the Commission having regard to the cadet's rate of pay; and (B) if the person was also a member of the Permanent Forces or the Reserves - any normal ADF pay earned by the person; or (ii) in any other case - nil; and (d) working out the amount that would be the person's normal earnings if the person were an incapacitated person; and (e) working out the number of hours that would be the person's normal weekly hours as follows: (i) if the person's normal weekly hours are mentioned in an item in the table - that number; (ii) in any other case - as if the person were an incapacitated person. (3) The actual earnings for a week for a person to whom this regulation applies is the amount worked out by treating the person as if he or she were a person mentioned in section 129 of the Act: (a) to whom subsection 125 (1) of the Act applies; and (b) if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection - to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act. Division 4 Working out compensation for parts of weeks 9 Number of days in part of week (Act s 196) For paragraph (b) of the definition of number of days in subsection 196 (3) of the Act, the number of days for a cadet is worked out using the following table. |Item |Cadet's |Number of days | | |circumstances | | |1 |Cadet is engaged in|The number of days the| | |paid employment |cadet normally works | | | |in a week | |2 |Any other |5 days | | |circumstances | | Division 5 Modification of Chapter 2 in relation to cadets 10 Modifications of Chapter 2 (Act s 439) For subsection 439 (1) of the Act, Chapter 2 of the Act is modified in its application to cadets as set out in Schedule 1. Part 3 Matters relating to declared members Division 1 Working out compensation for declared members 11 Normal and actual earnings - declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance (Act s 116) (1) For section 116 of the Act, this regulation applies to a declared member who: (a) for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a declared member when the service injury was sustained or the service disease was contracted; and (c) was engaged in paid civilian work at the time of his or her incapacity and is not undertaking a period of career transition assistance. (2) The member's normal earnings for a week is the amount worked out by: (a) treating the member as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the member would have an ADF component of nil; and (c) working out the amount that would be the member's normal earnings if the member were an incapacitated Reservist. (3) The member's actual earnings for a week is the amount worked out by: (a) treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist. 12 Normal and actual earnings - declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance (Act s 116) (1) For section 116 of the Act, this regulation applies to a declared member who: (a) for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a declared member when the service injury was sustained or the service disease was contracted; and (c) was not engaged in paid civilian work at the time of his or her incapacity, and is not undertaking career transition assistance. (2) The member's normal earnings for a week is the amount worked out by: (a) treating the member as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the member would have a civilian component worked out using the following table. |Item|Member'|Member's |Normal earnings | | |s age |circumstances | | |1 |16 or |Member: |An amount | | |over |(a) is unable to |determined by the | | | |continue full-time |Commission, having| | | |studies or enter the|regard to the | | | |workforce as a |member's | | | |result of the |qualifications, | | | |incapacity; and |skills and | | | | |experience | | | | (b) has undertaken | | | | |a rehabilitation | | | | |assessment; and | | | | | (c) any of the | | | | |following: | | | | |(i) has undertaken a| | | | |rehabilitation | | | | |program; | | | | |(ii) is undertaking | | | | |a rehabilitation | | | | |program; | | | | |(iii) is not | | | | |currently fit to | | | | |undertake a | | | | |rehabilitation | | | | |program; | | | | |(iv) is assessed as | | | | |not requiring a | | | | |rehabilitation | | | | |program | | |2 |Any age|Any other |Nil | | | |circumstances | | (3) The member's actual earnings for a week is the amount worked out by: (a) treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist. 13 Normal and actual earnings - incapacitated declared member undertaking career transition assistance (Act s 116) (1) For section 116 of the Act, this regulation applies to an incapacitated declared member who: (a) for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a declared member when the service injury was sustained or the service disease was contracted; and (c) was undertaking a period of career transition assistance at the time of the incapacity. Member has not been discharged (2) The normal earnings for a week for a member to whom this regulation applies, and who has not been discharged, is the amount worked out by treating the member as if he or she were: (a) a Permanent Forces member or continuous full-time reservist mentioned in section 91 of the Act; and (b) incapacitated for service. (3) The actual earnings for a week for a member to whom this regulation applies, and who has not been discharged, is the amount worked out by treating the member as if he or she were: (a) a Permanent Forces member or continuous full-time reservist mentioned in section 92 of the Act; and (b) incapacitated for service. Member has been discharged (4) The normal earnings for a week for a member to whom this regulation applies, and who has been discharged, is the amount worked out by treating the member as if he or she were a person mentioned in section 104 of the Act who was a Permanent Forces member immediately before completing his or her last period of full- time service. (5) The actual earnings for a week for a member to whom this regulation applies, and who has been discharged, is the amount worked out by treating the member as if he or she were a person mentioned in section 105 of the Act, and who is incapacitated for service. Note For subregulations (4) and (5) - a person who has been discharged from the Permanent Forces or the Reserves remains a 'declared member' while undertaking career transition assistance. Division 2 Working out compensation for former declared members 14 Normal and actual earnings - former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance (Act s 175) (1) For section 175 of the Act, this regulation applies to a person: (a) who was a declared member; and (b) who, for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (c) who was a declared member when the service injury was sustained or the service disease was contracted; and (d) in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and (e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and (f) who had paid civilian work before last ceasing to be a member of the Defence Force. (2) The person's normal earnings for a week is the amount worked out by: (a) treating the person as if he or she were an incapacitated person mentioned in section 152 of the Act; and (b) assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and (c) working out the amount that would be the person's normal earnings if the person were an incapacitated person; and (d) working out the number of hours that would be the person's normal weekly hours if the person were an incapacitated person. (3) The actual earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act: (a) to whom subsection 125 (1) of the Act applies; and (b) if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection - to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act. 15 Normal earnings for persons who were declared members - persons not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance (Act s 175) (1) For section 175 of the Act, this regulation applies to a person: (a) who was a declared member; and (b) who, for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (c) who was a declared member when the service injury was sustained or the service disease was contracted; and (d) in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and (e) who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and (f) who did not have paid civilian work before last ceasing to be a member of the Defence Force. (2) The person's normal earnings for a week is the amount worked out by: (a) treating the person as if he or she were an incapacitated person mentioned in section 152 of the Act; and (b) assuming, for the application of section 153 of the Act, that the person would have a civilian component worked out using the following table; and |Item|Person'|Person's |Normal earnings | | |s age |circumstances | | |1 |16 or |Person: |An amount | | |over |(a) is unable to |determined by the | | | |continue full-time |Commission: | | | |studies or enter |(a) having regard | | | |the workforce as a |to the person's | | | |result of the |qualifications, | | | |incapacity; and |skills and | | | |(b) has undertaken |experience; and | | | |a rehabilitation |(b) assuming that | | | |assessment; and |the normal weekly | | | |(c) any of the |hours of the person| | | |following: |are 37.5 hours | | | |(i) has undertaken | | | | |a rehabilitation | | | | |program; | | | | |(ii) is undertaking| | | | |a rehabilitation | | | | |program; | | | | |(iii) is not | | | | |currently fit to | | | | |undertake a | | | | |rehabilitation | | | | |program; | | | | |(iv) is assessed as| | | | |not requiring a | | | | |rehabilitation | | | | |program | | |2 |Any age|Any other |Nil | | | |circumstances | | (c) assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and (d) working out the amount that would be the person's normal earnings if the person were an incapacitated person; and (e) working out the number of hours that would be the person's normal weekly hours as follows: (i) if the person's normal weekly hours are mentioned in an item in the table - that number; (ii) in any other case - as if the person were an incapacitated person. (3) The actual earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act: (a) to whom subsection 125 (1) of the Act applies; and (b) if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection - to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act. 16 Normal and actual earnings - incapacitated former declared member who undertook career transition assistance (Act s 175) (1) For section 175 of the Act, this regulation applies to an incapacitated former declared member who has completed a period of career transition assistance who: (a) for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a declared member when the service injury was sustained or the service disease was contracted. (2) The normal earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 141 of the Act who was a Permanent Forces member immediately before last ceasing to be a member of the Defence Force. (3) The actual earnings for a week for a member to whom this regulation applies is the amount worked out by treating the member as if he or she were a person mentioned in section 129 of the Act: (a) to whom subsection 125 (1) of the Act applies; and (b) if, for subsection 130 (1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection - to whom section 130 applies; and (c) whose actual earnings are worked out in accordance with section 132 of the Act. Division 3 Working out compensation for parts of weeks 17 Working out compensation for parts of weeks for declared members (Act s 196) For paragraph (b) of the definition of number of days in subsection 196 (3) of the Act, the number of days for a declared member is worked out using the following table. |Item |Member's |Number of days | | |circumstances | | |1 |Member on career |5 days | | |transition | | | |assistance | | |2 |Member is engaged |The number of days the| | |in paid employment,|member normally works | | |and item 1 does not|in a week | | |apply | | |3 |Any other |5 days | | |circumstances | | Part 4 Review by the Board of original determinations 18 Application of the Veterans' Entitlements Regulations 1986 (1) For section 353 of the Act, regulations 2, 8A to 9AL, 9AN, 10 and 12 and Form 3 of the Veterans' Entitlements Regulations 1986 apply, to the extent that they are regulations made for the purposes of the applied provisions specified in section 353, for the purposes of a review by the Board under Chapter 8, Part 4 of the Act. (2) The regulations apply subject to the modifications set out in the following table. |Item |Provision |Modification | |1 |Subregulation 9 (1)|A reference to the Commission| | |, definition of |has effect as a reference to | | |attendant, |the Military Rehabilitation | | |paragraph (c) |and Compensation Commission | |2 |Subregulations 9 (3|A reference to the Commission| | |), (4) and (5) |has effect as a reference to | | | |the Military Rehabilitation | | | |and Compensation Commission | |3 |Subregulation 9 (16|A reference to a veteran or a| | |) |dependant of a deceased | | | |veteran has effect as a | | | |reference to a claimant | |4 |Paragraph 9 (17) (a|A reference to a veteran or a| | |) |dependant has effect as a | | | |reference to a claimant | |5 |Subregulation 9 (18|A reference to a veteran or a| | |), excluding the |dependant of a deceased | | |examples |veteran has effect as a | | | |reference to a claimant | |6 |Subregulation 9 (18|A reference to a veteran has | | |), the examples |effect as a reference to a | | | |claimant who is a member or | | | |former member | |7 |Paragraph 9AD (a) |A reference to the Commission| | | |has effect as a reference to | | | |the Military Rehabilitation | | | |and Compensation Commission | |8 |Regulations 9AE, |A reference to the Commission| | |9AF, 9AG, 9AH, 9AI,|has effect as a reference to | | |9AJ, 9AK and 9AL |the Military Rehabilitation | | | |and Compensation Commission | |9 |Schedule 1, Form 3 |After 'VETERANS' ENTITLEMENTS| | | |REGULATIONS' insert ', as | | | |applied under regulation 15 | | | |of the Military | | | |Rehabilitation and | | | |Compensation Regulations | | | |2004' | | | |Omit 'a decision of the | | | |Repatriation Commission' and | | | |insert 'an original | | | |determination under Part 4 of| | | |Chapter 8 of the Military | | | |Rehabilitation and | | | |Compensation Act 2004' | | | |Omit 'Veterans' Entitlements | | | |Act 1986' and insert | | | |'Veterans' Entitlements Act | | | |1986, as applied under | | | |section 353 of the Military | | | |Rehabilitation and | | | |Compensation Act 2004,' | Part 5 Indexation of certain pay and earnings 19 Indexation of pre-CFTS pay and civilian daily earnings (1) For paragraph 182 (1) (a) of the Act, the index for section 182 of the Act is Total hourly rates of pay excluding bonuses, contained in 6345.0 Wage Cost Index, Australia, published by the Australian Bureau of Statistics, and as in force from time to time. (2) For paragraph 182 (1) (b) of the Act, the manner of working out an increase in the amount of a person's pre-CFTS pay or civilian daily earnings is: (a) to assume that the pre-CFTS pay or civilian daily earnings is a dollar amount to be indexed under subsection 404 (1) of the Act; and (b) to treat the December index number mentioned in section 404 of the Act as the value for 'December' in the tables of the index set out in subregulation (1) under the headings 'Sector', 'Original' and 'All Sectors'. 20 Indexation of $100 in ADF pay (1) For paragraph 183 (1) (a) of the Act, the index for section 183 of the Act is created by: (a) treating a base amount of 100 as being in effect on 31 December 2001; and (b) applying to the base amount the percentage increases required in each subsequent calendar year in accordance with the ADF Workplace Remuneration Agreement. (2) For paragraph 183 (1) (b) of the Act, the manner of working out the increase in an amount of $100 mentioned in that paragraph is: (a) for the year ending on 31 December 2002 - to multiply the amount of $100 by the value of 104.55, and divide the result by 100; and (b) for the year ending on 31 December 2003 - to multiply the amount of $100 by the value of 107.69, and divide the result by 100; and (c) for each subsequent calendar year - to multiply the amount of $100 by the value of the index set out in subregulation (1) on 31 December in that year, and divide the result by 100. Note The values mentioned in paragraphs (2) (a) and (b) are the values for 2002 and 2003 worked out using the index set out in subregulation (1). Part 6 Miscellaneous 21 Provision of Information by the Military Rehabilitation and Compensation Commission (1) For item 3 of the table in subsection 409 (2) of the Act, the purposes mentioned in an item in the following table are specified for the person or agency specified in the item. |Item|Person or agency |Purpose | |1 | (a) An employee | (a) Monitoring or | | |of the Defence |reporting of the | | |Department; or |Defence Force's | | |(b) A contractor |Occupational Health | | |of the Defence |and Safety | | |Department; or |performance; or | | |(c) A service |(b) Monitoring the | | |chief |cost to the | | | |Commonwealth of a | | | |service injury or a | | | |service disease | |2 | (a) An employee | (a) Administering the| | |of the Human |social security law; | | |Services |or | | |Department; or |(b) Giving information| | |(b) A contractor |relevant to the | | |of the Human |administration of | | |Services |concessions provided, | | |Department |on the basis of | | | |receipt of | | | |compensation under the| | | |Act, by: | | | |(i) State, Territory | | | |or local government | | | |authorities; or | | | |(ii) organisations | | | |prescribed for | | | |regulation 9 of the | | | |Privacy (Private | | | |Sector) Regulations | | | |2001 | (2) In this regulation: social security law has the same meaning as in section 3 of the Social Security (Administration) Act 1999. Note Defence Department, Defence Force, service chief, service disease and service injury are defined in section 5 of the Act. Schedule 1 Modifications of Chapter 2 of the Act in relation to cadets (regulation 10) 1 After subsection 32 (5) insert (6) This section does not apply to a serious default or wilful act of a cadet under 16. 2 After subsection 34 (4) insert (5) This section does not apply to a wilful and false representation of a cadet under 16. 3 After subsection 35 (5) insert (6) Subsections (3), (4) and (5) do not apply to a cadet who, at the time of the injury, disease, death, aggravation or material contribution, was: (a) under 18; and (b) under the supervision of a parent of the cadet, or a responsible adult. Notes to the Military Rehabilitation and Compensation Regulations 2004 Note 1 The Military Rehabilitation and Compensation Regulations 2004 (in force under the Military Rehabilitation and Compensation Act 2004) as shown in this compilation comprise Statutory Rules 2004 No. 156 amended as indicated in the Tables below. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | |FRLI | | | | |registration | | | |2004 No. 156|25 June 2004 |1 July 2004 | | |2004 No. 350|8 Dec 2004 |1 July 2004 |- | |2006 No. 83 |27 Apr 2006 |28 Apr 2006 |- | | |(see | | | | |F2006L01219) | | | |2006 No. 336|15 Dec 2006 |16 Dec 2006 |- | | |(see | | | | |F2006L03946) | | | |2009 No. 283|4 Nov 2009 |5 Nov 2009 |- | | |(see | | | | |F2009L03995) | | | |2009 No. 299|17 Nov 2009 |18 Nov 2009 |- | | |(see | | | | |F2009L04139) | | | |2011 No. 120|30 June 2011 |1 July 2011 |- | | |(see | | | | |F2011L01364) | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |Part 1 | | |R. 3 |am. 2011 No. 120 | |Part 2 | | |Division 2 | | |R. 6 |am. 2009 No. 299 | |Division 3 | | |R. 8 |am. 2009 No. 299 | |Part 3 | | |Division 1 | | |R. 12 |am. 2009 No. 299 | |Division 2 | | |R. 15 |am. 2009 No. 299 | |Part 5 | | |Part 5 |ad. 2004 No. 350 | |R. 19 |ad. 2004 No. 350 | |R. 20 |ad. 2004 No. 350 | |Part 6 | | |Part 6 |ad. 2006 No. 83 | |R. 21 |ad. 2006 No. 83 | | |am. 2006 No. 336; 2009 No. 283; 2011 | | |No. 120 |