MILITARY REHABILITATION AND COMPENSATION ACT 2004 NO. 51, 2004
Table of Provisions
CHAPTER 1--Introduction
- 1 Short title
- 2 Commencement
- 3 Simplified outline of this Act
- 4 Extension to external Territories
- 5 Definitions
- 6 Kinds of service to which this Act applies
- 7 Reference to service injury sustained or service disease contracted includes reference to aggravation etc.
- 8 Ministerial determinations that other people are members
- 9 Definition of duty for cadets and declared members
- 10 Determinations for part-time Reservists and cadets who are unlikely to return to defence service
- 11 Ministerial determination of pay-related allowances
- 12 Deceased members whose dependants are entitled to benefits under this Act
- 13 Definition of treatment
- 14 Definition of Commonwealth superannuation scheme for a person who has chosen a Special Rate Disability Pension
- 15 Definition of dependant
- 16 Adoptive relationships
- 17 Eligible young persons and partners living with a member
- 18 Child of a member born or adopted after the member's death
- 19 Ascertaining whether persons receiving family tax benefits etc. are dependent
- 20 Some references to members include references to former members
CHAPTER 2--Accepting liability for service injuries, diseases and deaths
PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 21 Simplified outline of this Chapter
PART 2--WHEN THE COMMISSION MUST ACCEPT LIABILITY FOR SERVICE INJURIES, DISEASES AND DEATHS
- 22 Simplified outline of this Part
- 23 Commission's acceptance of liability for service injuries and diseases
- 24 Commission's acceptance of liability for service deaths
- 25 Limited effect of acceptance of liability
PART 3--DEFINITIONS OF SERVICE INJURY, SERVICE DISEASE AND SERVICE DEATH
- 26 Simplified outline of this Part
- 27 Main definitions of service injury and service disease
- 28 Main definition of service death
- 29 Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth
- 30 Definitions of service injury and service disease for aggravations etc. of signs and symptoms
PART 4--WHEN THE COMMISSION IS PREVENTED FROM ACCEPTING LIABILITY FOR SERVICE INJURIES, DISEASES AND DEATHS
- 31 Simplified outline of this Part
- 32 Exclusions relating to serious defaults or wilful acts etc.
- 33 Exclusions relating to reasonable counselling about performance etc.
- 34 Exclusions of injuries, diseases and deaths relating to certain false representations
- 35 Exclusions relating to travel
- 36 Exclusion relating to use of tobacco products
CHAPTER 3--Rehabilitation
PART 1--GENERAL PROVISIONS
Division 1--Simplified outline of this Chapter
- 37 Simplified outline of this Chapter
Division 2--Aim of rehabilitation
- 38 Aim of rehabilitation
Division 3--Definitions
- 39 Definition of rehabilitation authority
- 40 Rule if rehabilitation authority for a person changes
- 41 Other definitions
PART 2--REHABILITATION PROGRAMS
Division 1--Application of Part
Division 2--Assessment of a person's capacity for rehabilitation
- 44 When an assessment may or must be carried out
- 45 What may be done as part of an assessment
- 46 Requirements for examinations
- 47 Compensation for journey and accommodation costs
- 48 Amount of compensation for journey and accommodation costs
- 49 Whom the compensation is payable to
- 50 Consequences of failure to undergo an examination
Division 3--Provision of rehabilitation programs
- 51 Rehabilitation authority may determine that a person is to undertake a rehabilitation program
- 52 Consequences of failure to undertake a rehabilitation program
- 53 Cessation or variation of a rehabilitation program
PART 3--ALTERATIONS, AIDS AND APPLIANCES RELATING TO REHABILITATION
Division 1--Preliminary
Division 2--Alterations, aids and appliances relating to rehabilitation
- 56 Alterations, aids and appliances relating to rehabilitation
- 57 Amount of compensation for alterations, aids and appliances
- 58 Matters to be considered in determining matters relating to alterations, aids and appliances
- 59 Whom compensation for alterations etc. is payable to
PART 4--ASSISTANCE IN FINDING SUITABLE WORK
- 60 Simplified outline of this Part
- 61 Assistance in finding suitable work for full-time members
- 62 Assistance in finding suitable work for other members and former members
PART 5--TRANSITION MANAGEMENT
CHAPTER 4--Compensation for members and former members
PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 65 Simplified outline of this Chapter
PART 2--PERMANENT IMPAIRMENT
- 66 Simplified outline of this Part
- 67 Guide to determining impairment and compensation
- 68 Entitlement to compensation for permanent impairment
- 69 No compensation for less than the threshold impairment points
- 70 Compensation for aggravations etc.
- 71 Additional compensation
- 72 Additional compensation for aggravations etc.
- 73 Deciding whether an impairment is likely to continue indefinitely
- 74 Amount of compensation
- 75 Interim compensation
- 76 Notifying the claimant
- 77 When weekly compensation becomes payable
- 78 Choice to take lump sum
- 79 When lump sum is payable
- 80 Additional amounts payable if maximum compensation paid
- 81 Compensation for cost of financial advice
- 82 Amount of financial advice compensation
- 83 Whom the compensation is payable to
PART 3--COMPENSATION FOR INCAPACITY FOR SERVICE OR WORK FOR MEMBERS
Division 1--Entitlement to compensation
- 84 Simplified outline of this Part
- 85 Compensation for incapacitated full-time members
- 86 Compensation for incapacitated part-time Reservists
- 87 Compensation for incapacitated cadets and declared members
- 88 No compensation in certain cases relating to aggravations etc. of injuries or diseases
- 89 Amount of compensation for current members
Division 2--Working out normal and actual earnings for full-time members
- 90 Simplified outline of this Division
- 91 Working out normal earnings
- 92 Working out actual earnings
Division 3--Working out normal and actual earnings for part-time Reservists
Subdivision A--Simplified outline of this Division- 93 Simplified outline of this Division Subdivision B--Working out normal earnings for part-time Reservists
- 94 Application of this Division to part-time Reservists
- 95 Working out normal earnings Subdivision C--Working out the ADF component of normal earnings
- 96 Working out the ADF component for an incapacitated Reservist who is incapacitated for service
- 97 Working out the ADF component for an incapacitated Reservist who is not incapacitated for service Subdivision D--Working out the civilian component of normal earnings
- 98 Working out the civilian component for an incapacitated Reservist who is incapacitated for work
- 99 Definition of example period for the civilian component of normal earnings
- 100 Working out the civilian component for an incapacitated Reservist who is not incapacitated for work Subdivision E--Working out actual earnings
- 101 Working out actual earnings
Division 4--Working out normal and actual earnings for part-time Reservists who were previously Permanent Forces members
- 102 Simplified outline of this Division
- 103 Application of this Division to part-time Reservists who were previously Permanent Forces members
- 104 Working out normal earnings
- 105 Working out actual earnings
Division 5--Working out normal and actual earnings for part-time Reservists who were previously continuous full-time Reservists
Subdivision A--Simplified outline of this Division- 106 Simplified outline of this Division Subdivision B--Working out normal earnings for part-time Reservists who were previously continuous full-time Reservists
- 107 Application of this Division to part-time Reservists who were previously continuous full-time Reservists
- 108 Working out normal earnings Subdivision C--Working out full-time ADF earnings
- 109 Working out full-time ADF earnings Subdivision D--Working out pre-CFTS earnings
- 110 Simplified outline of this Subdivision
- 111 Working out pre-CFTS earnings
- 112 Working out pre-CFTS pay
- 113 Definition of example period for pre-CFTS pay
- 114 Working out reserve pay
- 114A Example periods for those injured as continuous full-time Reservists Subdivision E--Working out actual earnings
- 115 Working out actual earnings
Division 6--Working out normal and actual earnings for cadets and declared members
- 116 Regulations may prescribe methods for working out normal and actual earnings for cadets and declared members
PART 4--COMPENSATION FOR INCAPACITY FOR WORK FOR FORMER MEMBERS
Division 1--Entitlement to compensation
- 117 Simplified outline of this Part
- 118 Compensation for incapacitated former members
- 119 No compensation in certain cases relating to aggravations etc. of injuries or diseases
- 120 Compensation for those over 65
- 121 Compensation for those over 63
- 122 Persons who are imprisoned
Division 2--Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)
Subdivision A--Simplified outline of this Division- 123 Simplified outline of this Division Subdivision B--Amount of compensation generally
- 124 Simplified outline of this Subdivision
- 125 Amount of compensation for former members
- 126 Amount of compensation for retired persons receiving Commonwealth superannuation
- 127 Amount of compensation for former members who are maintained in hospital etc. Subdivision C--Amount of compensation where no Commonwealth superannuation is received
- 128 Simplified outline of this Subdivision
- 129 Amount of compensation for maximum rate weeks
- 130 Amount of compensation for the week whose hours exceed 45 times the normal weekly hours
- 131 Amount of compensation after 45 weeks
- 132 Definitions of actual earnings, normal earnings and normal weekly hours Subdivision D--Amount of compensation where Commonwealth superannuation is received
- 133 Simplified outline of this Subdivision
- 134 Amount of compensation for retired person receiving only Commonwealth superannuation pension
- 135 Amount of compensation for retired person who has received only Commonwealth superannuation lump sum
- 136 Amount of compensation for retired person receiving both superannuation pension and lump sum Subdivision E--Small amounts of compensation
- 137 Simplified outline of this Subdivision
- 138 Converting small amounts of weekly compensation into lump sum compensation
- 139 Weekly compensation following conversion of weekly amounts to a lump sum
Division 3--Working out normal earnings for certain former Permanent Forces members
- 140 Simplified outline of this Division
- 141 Working out normal earnings
Division 4--Working out normal earnings and normal weekly hours for certain former continuous full-time Reservists
Subdivision A--Simplified outline of this Division- 142 Simplified outline of this Division Subdivision B--Working out normal earnings
- 143 Working out normal earnings Subdivision C--Working out ADF earnings
- 144 Working out ADF earnings Subdivision D--Working out pre-CFTS earnings
- 145 Simplified outline of this Subdivision
- 146 Working out pre-CFTS earnings
- 147 Working out pre-CFTS pay
- 148 Definition of example period for former continuous full-time Reservists
- 149 Working out reserve pay Subdivision E--Working out normal weekly hours for persons who have chosen pre-CFTS earnings
- 150 Working out normal weekly hours for persons who have chosen pre-CFTS earnings
Division 5--Working out normal earnings and normal weekly hours for former part-time Reservists who were engaged in civilian work
Subdivision A--Simplified outline of this Division- 151 Simplified outline of this Division Subdivision B--Working out normal earnings of former part-time Reservists who were engaged in civilian work
- 152 Application of this Division to former part-time Reservists who were engaged in civilian work
- 153 Working out normal earnings Subdivision C--Working out the ADF component of normal earnings
- 154 Working out the ADF component of normal earnings
- 155 Definition of example period for ADF component of normal earnings Subdivision D--Working out the civilian component of normal earnings
- 156 Working out the civilian component of normal earnings
- 157 Definition of example period for the civilian component of normal earnings Subdivision E--Working out normal weekly hours
- 158 Working out normal weekly hours
Division 6--Working out normal earnings for former part-time Reservists who were not engaged in civilian work
- 159 Simplified outline of this Division
- 160 Application of this Division to former part-time Reservists who were not engaged in civilian work
- 161 Working out normal earnings
Division 7--Working out normal earnings for former part-time Reservists who were previously Permanent Forces members
- 162 Simplified outline of this Division
- 163 Application of this Division to former part-time Reservists who were previously Permanent Forces members
- 164 Working out normal earnings
Division 8--Working out normal earnings and normal weekly hours for former part-time Reservists who were previously continuous full-time Reservists
Subdivision A--Simplified outline of this Division- 165 Simplified outline of this Division Subdivision B--Working out normal earnings for former part-time Reservists who were previously continuous full-time Reservists
- 166 Application of this Division to former part-time Reservists who were previously continuous full-time Reservists
- 167 Working out normal earnings Subdivision C--Working out full-time ADF earnings
- 168 Working out full-time ADF earnings Subdivision D--Working out pre-CFTS earnings
- 169 Simplified outline of this Subdivision
- 170 Working out pre-CFTS earnings
- 171 Working out pre-CFTS pay
- 172 Definition of example period for the pre-CFTS pay
- 173 Working out reserve pay
- 173A Example periods for those injured as continuous full-time Reservists Subdivision E--Working out normal weekly hours for persons who have chosen pre-CFTS earnings
- 174 Working out normal weekly hours for persons who have chosen pre-CFTS earnings
Division 9--Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members
- 175 Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members
PART 5--ADJUSTING THE AMOUNT OF COMPENSATION FOR INCAPACITY FOR SERVICE OR WORK
Division 1--Introduction
- 176 Simplified outline of this Part
- 177 Definitions of normal earnings and actual earnings
Division 2--General rules relating to normal and actual earnings etc.
- 178 Simplified outline of this Division
- 179 Normal earnings that are less than the federal minimum wage
- 180 Amounts that are excluded when working out normal and actual earnings
- 181 Matters to be considered in determining actual earnings
- 182 Indexation of pre-CFTS pay and civilian daily earnings
- 183 Indexation of $100 in ADF pay
Division 3--Adjusting ADF pay and pay-related allowances
- 184 Simplified outline of this Division
- 185 Increases in pay and allowances
- 186 Increases in pay and allowances due to actual promotions
- 187 Commission must determine category of defence work when defence work abolished
- 188 Commission may determine pay-related allowances when defence work abolished
- 189 Amount of pay and allowances for those undergoing initial training
- 190 No other adjustments to be taken into account
Division 4--Adjusting other pay
- 191 Simplified outline of this Division
- 192 Definitions of civilian daily earnings, example period and pre-CFTS pay
- 193 Variations during the example period
- 194 Civilian daily earnings or pre-CFTS pay if working them out is impracticable
Division 5--Working out compensation for parts of weeks
- 195 Simplified outline of this Division
- 196 Working out compensation for parts of weeks
PART 6--CHOICE TO RECEIVE A SPECIAL RATE DISABILITY PENSION
- 197 Simplified outline of this Part
- 198 What is a Special Rate Disability Pension?
- 199 Persons who are eligible to make a choice under this Part
- 200 Choice to receive Special Rate Disability Pension
- 201 When the choice is to be made
- 202 Other requirements for the choice
- 203 Determinations by Commission
- 204 Offsets
- 205 Compensation for cost of financial advice
- 206 Amount of financial advice compensation
- 207 Whom the compensation is payable to
- 208 Persons who are imprisoned
- 209 Ceasing to meet certain criteria
- 210 Return to work scheme
PART 7--OTHER TYPES OF COMPENSATION FOR MEMBERS AND FORMER MEMBERS
Division 1--Simplified outline of this Part
- 211 Simplified outline of this Part
Division 2--Motor Vehicle Compensation Scheme
- 212 Motor Vehicle Compensation Scheme
Division 3--Compensation for household and attendant care services
- 213 Definitions of attendant care services and household services
- 214 Compensation for household services
- 215 Matters to be considered in household services compensation claims
- 216 Amount of household compensation
- 217 Compensation for attendant care services
- 218 Matters to be considered in attendant care compensation claims
- 219 Amount of compensation for attendant care services
- 220 Whom household and attendant care compensation is payable to
Division 4--Telephone allowance for members and former members
- 221 Eligibility for telephone allowance
- 222 Telephone allowance not payable in some circumstances
- 223 Annual rate of telephone allowance
- 224 Payment by instalments
- 225 Working out amount of instalment
Division 5--Compensation for loss of, or damage to, medical aids
- 226 Compensation for loss of, or damage to, medical aids
- 227 Exclusions relating to serious defaults etc.
- 228 Exclusions relating to travel
- 229 Amount of medical aid compensation
- 230 Whom medical aid compensation is payable to
CHAPTER 5--Compensation for dependants of certain deceased members, members and former members
PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 231 Simplified outline of this Chapter
PART 2--COMPENSATION FOR MEMBER'S DEATH FOR WHOLLY DEPENDENT PARTNERS
Division 1--Simplified outline of this Part
- 232 Simplified outline of this Part
Division 2--Compensation for member's death for wholly dependent partners
- 233 Compensation for member's death for wholly dependent partners
- 234 Amount of compensation for wholly dependent partners
- 235 Notifying the partner of the choice
- 236 Requirements for choosing between the lump sum and the weekly amount
- 237 Commonwealth to pay weekly amount after 6 months etc.
- 238 Whom the compensation is payable to
Division 3--Compensation for cost of financial advice for wholly dependent partners
- 239 Compensation for cost of financial advice for wholly dependent partners
- 240 Amount of financial advice compensation
- 241 Whom the compensation is payable to
Division 4--Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
- 242 Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
- 243 Amount of permanent impairment and incapacity etc. compensation
- 244 Whom permanent impairment and incapacity etc. compensation is payable to
Division 5--Telephone allowance for wholly dependent partners
- 245 Eligibility for telephone allowance
- 246 Telephone allowance not payable in some circumstances
- 247 Annual rate of telephone allowance
- 248 Payment by instalments
- 249 Working out amount of instalment
PART 3--COMPENSATION FOR ELIGIBLE YOUNG PERSONS DEPENDENT ON CERTAIN DECEASED MEMBERS, MEMBERS OR FORMER MEMBERS
Division 1--Simplified outline of this Part
- 250 Simplified outline of this Part
Division 2--Lump sum compensation for member's death for certain eligible young persons
- 251 Lump sum compensation for member's death for certain eligible young persons
- 252 Amount of compensation for dependent eligible young persons
Division 3--Weekly compensation for certain eligible young persons
- 253 Weekly compensation for certain eligible young persons
- 254 Amount of weekly compensation
Division 4--Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
- 255 Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
- 256 Amount of permanent impairment and incapacity etc. compensation
Division 5--Whom compensation under Divisions 2 to 4 is payable to
- 257 Whom the compensation is payable to
Division 6--Education scheme for certain eligible young persons dependent on members, former members and deceased members
- 258 Education scheme for certain eligible young persons
- 259 Completing courses begun before turning 25 years old
Division 7--Exclusion of Part for wholly dependent partners
- 260 Exclusion of Part for wholly dependent partners
PART 4--COMPENSATION FOR DEPENDANTS OTHER THAN WHOLLY DEPENDENT PARTNERS AND ELIGIBLE YOUNG PERSONS
- 261 Simplified outline of this Part
- 262 Compensation for dependants other than wholly dependent partners and eligible young persons
- 263 Amount of compensation for other dependants
- 264 Whom the compensation is payable to
PART 5--COMPENSATION FOR FUNERAL EXPENSES
- 265 Simplified outline of this Part
- 266 Compensation for cost of funeral
- 267 Amount of funeral compensation
- 268 Whom funeral compensation is payable to
CHAPTER 6--Treatment for injuries and diseases
PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 269 Simplified outline of this Chapter
PART 2--COMPENSATION FOR TREATMENT COSTS
- 270 Simplified outline of this Part
- 271 Compensation for treatment for service injuries and diseases etc.
- 272 Compensation for members entitled to treatment under regulation 58F of the Defence Force Regulations
- 273 Compensation for those entitled to treatment under Part 3
- 274 Relationship of this Part with other compensation provisions
- 275 No compensation if aggravated injury or disease ceases to be aggravated etc.
- 276 Amount of treatment compensation
- 277 Whom treatment compensation is payable to
PART 3--ENTITLEMENT TO PROVISION OF TREATMENT
Division 1--Simplified outline of this Part
- 278 Simplified outline of this Part
Division 2--Treatment for some members and former members
- 279 Treatment for members entitled to treatment under regulation 58F of the Defence Force Regulations
- 280 Treatment for service injuries and diseases of former members and part-time Reservists etc.
- 281 Treatment for persons with 60 impairment points
- 282 Treatment for persons who are eligible for a Special Rate Disability Pension
- 283 No treatment for aggravated injury or disease if aggravation ceases
Division 3--Treatment for certain dependants of deceased members
- 284 Treatment for certain wholly dependent partners and eligible young persons
Division 4--Administration of the provision of treatment
- 285 Treatment at hospitals and other institutions etc.
- 286 Determination for providing treatment
- 287 Providing treatment under this Part
PART 4--OTHER COMPENSATION RELATING TO TREATMENT
Division 1--Simplified outline of this Part
- 288 Simplified outline of this Part
Division 2--Compensation for patients' and attendants' journey and accommodation costs
- 289 Definition of compensable treatment
- 290 Compensation for journey costs relating to treatment
- 291 Compensation for accommodation relating to treatment
- 292 No compensation for journeys or accommodation outside Australia
- 293 Amount of compensation for journeys
- 294 Amount of compensation for accommodation
- 295 Matters to be considered in journey and accommodation compensation claims
- 296 Whom compensation is payable to
Division 3--Compensation for transportation costs
- 297 Compensation for other person's transportation costs
- 298 Amount of transportation costs
- 299 Whom compensation is payable to
Division 4--Pharmaceutical allowance for members, former members and dependants
- 300 Eligibility for pharmaceutical allowance
- 301 Pharmaceutical allowance not payable in some circumstances
- 302 Rate of pharmaceutical allowance
- 303 Payment of pharmaceutical allowance
PART 5--OFFENCES RELATING TO TREATMENT UNDER THIS CHAPTER
- 304 Simplified outline of this Part
- 305 Definitions
- 306 Offence for false or misleading statements or documents relating to treatment
- 307 Offence for medical service providers causing detriment to others
- 308 Offence for medical service providers threatening detriment
- 309 Offence for bribery by medical service providers
- 310 Offence for practitioners receiving bribes etc.
- 311 Offence for pathology practitioners making payments to requesting practitioners
- 312 Offence for pathology practitioners providing pathology services to persons with whom they have arrangements
- 313 Offence for providing staff to be used in pathology services
- 314 Counselling statements inadmissible as evidence
- 315 Recovery of amounts paid because of false or misleading statements
- 316 Interest payable on amounts paid because of false or misleading statements
- 317 Reduction in payments because of previous overpayments
CHAPTER 7--Claims
PART 1--MAKING A CLAIM
Division 1--Simplified outline of this Part
- 318 Simplified outline of this Part
Division 2--Making a claim
- 319 Making a claim
- 320 Who may make a claim
- 321 Survival of claims and of right to claim
- 322 No new liability claim before earlier claim finally determined
- 323 Giving claims and documents to the Commission
Division 3--What happens after a claim is made
Subdivision A--Investigation of claims- 324 Investigation by the Commission Subdivision B--Needs assessments
- 325 When the Commission may or must carry out a needs assessment
- 326 Assessment of a person's needs
- 327 Treatment path Subdivision C--Medical examinations
- 328 Power to require medical examination
- 329 Consequences of failure to undergo an examination Subdivision D--Obligations of claimants and Commission
- 330 Power to request the provision of information
- 331 Certain documents to be supplied on request
PART 2--DETERMINATION OF CLAIMS
- 332 Simplified outline of this Part
- 333 Determination of claims
- 334 Commission not bound by technicalities
- 335 Standard of proof for Commission and service chiefs
- 336 Commission not entitled to make certain presumptions
- 337 No onus of proof
- 338 Reasonableness of hypothesis to be assessed by reference to Statement of Principles
- 339 Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles
- 340 Determination by Commission overriding Authority's decision in relation to Statements of Principles
- 341 Current Statement of Principles to be applied on review of a decision
- 342 Determination of the onset date for an incapacity for service or work
- 343 Determination of the date of death
CHAPTER 8--Reconsideration and review of determinations
PART 1--PRELIMINARY
PART 2--NOTIFYING ORIGINAL DETERMINATIONS
- 346 Notifying original determinations
PART 3--RECONSIDERATION OF DETERMINATIONS
- 347 Commission or service chief initiating reconsideration of original determinations
- 348 Varying determinations made by the Board
- 349 Claimant or service chief initiating reconsideration of determinations
- 350 Reconsideration
- 351 Notifying reviewable determinations
PART 4--REVIEW BY THE BOARD OF ORIGINAL DETERMINATIONS
- 352 Applications to the Board for review
- 353 Application of the Veterans' Entitlements Act 1986
PART 5--REVIEW BY THE TRIBUNAL
- 354 Applications to the Tribunal for review
- 355 Modifications of the Administrative Appeals Tribunal Act 1975
- 356 Evidence
- 357 Costs of proceedings before the Tribunal
- 358 Costs where proceedings rendered abortive
- 359 Certain provisions not to apply to review of determinations of the Board
CHAPTER 9--The Military Rehabilitation and Compensation Commission
PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER
- 360 Simplified outline of this Chapter
PART 2--ESTABLISHMENT OF THE COMMISSION
- 361 Establishment
PART 3--FUNCTIONS
- 362 Functions
PART 4--CONSTITUTION OF THE COMMISSION
- 363 Constitution
PART 5--MEMBERSHIP
- 364 Membership
- 365 Appointment of Commission members
- 366 Acting appointments for the member described in subparagraph 364(1)(b)(i)
- 367 Acting appointment for the member described in subparagraph 364(1)(b)(ii) or (iii)
- 368 Validity of actions relating to a person acting
- 369 Remuneration and allowances
- 370 Commission members may be granted leave of absence
- 371 Resignation of appointed Commission members
- 372 Termination of appointment of appointed Commission members
PART 6--MEETINGS AND RESOLUTIONS
- 373 Convening meetings
- 374 Presiding at meetings
- 375 Quorum
- 376 Voting at meetings
- 377 Commission resolutions without meetings
- 378 Conduct of meetings
- 379 Commission member to disclose any interest in claims etc.
- 380 Minister may direct Commission member not to take part in consideration or review
- 381 Commissioner to disclose other interests
PART 7--OTHER MATTERS
CHAPTER 10--Liabilities arising apart from this Act etc.
PART 1--PRELIMINARY
PART 2--LIABILITY OF THE COMMONWEALTH TO OTHER ACTIONS
- 388 Action for damages not to lie against Commonwealth etc. in certain cases
- 389 Choice to institute action for damages against the Commonwealth etc. for non-economic loss
- 390 Notice of common law claims against the Commonwealth etc.
PART 3--LIABILITY OF THIRD PARTIES
Division 1--Notice of common law claims against third parties
- 391 Notice of common law claims against third parties
Division 2--Commission may institute proceedings or take over claims against third parties
- 392 Application of this Division to common law claims against third parties
- 393 Commission may make the claim or take over the claim
- 394 Commonwealth liable to pay costs of claim
- 395 Commission may conclude claim
- 396 Plaintiff must sign documents as required
- 397 Plaintiff must do as the Commission requires
- 398 What happens when damages are awarded
Division 3--Effect of recovering damages on entitlements under this Act
- 399 When Division applies
- 400 Notifying damages
- 401 Repaying compensation paid under this Act after damages recovered
- 402 No compensation under this Act after damages recovered
Division 4--Payment of damages by persons to the Commonwealth
- 403 Payment of damages by persons to the Commonwealth
CHAPTER 11--Miscellaneous
PART 1--INDEXATION
- 404 Indexation of amounts
PART 2--OBTAINING AND GIVING INFORMATION ETC.
- 405 Power to obtain information
- 406 Commission may obtain information etc.
- 407 Self-incrimination
- 408 Offence for selling etc. goods provided under this Act without consent
- 409 Giving information
- 410 Judicial notice to be taken of certain matters
- 411 Evidence
- 412 Providing tax file numbers
- 413 How to satisfy the request under section 412
- 414 Compensation when request is not satisfied initially
PART 3--RECOVERING OVERPAYMENTS
Division 1--Recovery generally
- 415 Recovery of overpayments
Division 2--Recovery of overpayments to retired persons
- 416 Notice to Commission of retirement of person
- 417 Application of section 418
- 418 Commission may give a notice to the administrator of the scheme
- 419 Commission must give a notice to the retiree
- 420 What happens if the retiree has not received any superannuation payment in respect of his or her retirement
- 421 Administrator must pay the amount of overpayment to the Commonwealth
- 422 Compliance by the administrator
PART 4--APPROPRIATION
- 423 Appropriation
PART 5--SPECIAL ASSISTANCE
- 424 Special assistance
PART 6--GENERAL
- 425 Assignment, set-off or attachment of compensation
- 426 Payments to Commissioner of Taxation
- 427 Jurisdiction of courts with respect to extraterritorial offences
- 428 Commission may write off a debt
- 429 Commission may waive a debt
- 430 Payment into bank account etc.
- 431 Payments at person's request
- 432 Trustees for persons entitled to compensation
- 433 Powers of the trustee generally
- 434 Powers of Commonwealth etc. trustee to invest trust funds
- 435 Powers of investment for non-Commonwealth trustee
- 436 Provisions applicable on death of person
- 437 Amounts of compensation
- 438 Service chiefs' delegation