Commonwealth Numbered Acts Commonwealth Numbered Acts
(a) in Part 3 of Chapter 4—has the meaning given by subsection
89(3); and
(b) in Part 4 of Chapter 4—has the meaning given by
subsection 132(1).
"appointed Commission member "means a Commission member described in paragraph 364(1)(b).
"approved program provider "has the meaning given by section 41.
"approved rehabilitation program" has the meaning given by section 41.
"attendant care services "has the meaning given by section 213.
"Australian Defence Force cadets "means:
(a) the Australian Navy Cadets established by the Naval Defence Act 1910 ; and
(b) the Australian Army Cadets established by the Defence Act 1903 ; and
(c) the Australian Air Force Cadets established by the Air Force Act 1923
.
"cadet "means a member of the Australian Defence Force cadets.
"civilian work "means work other than as a member of the Defence Force.
"claimant" means a person who has made a claim under section 319.
"Commission" means the Military Rehabilitation and Compensation Commission established by section 361.
"Commission Chair "means the Chair of the Commission.
"Commission member "means a member of the Commission (including the Commission Chair).
"Commonwealth superannuation scheme "means:
(a) if a person's normal earnings are worked out (or would be worked out if
the person had not chosen a Special Rate Disability Pension) under:
(i) Subdivision D of Division 4 of Part 4 of Chapter 4; or
(ii) Division 5 of Part 4 of Chapter 4; or
(iii) Subdivision D of Division 8 of Part 4 of Chapter 4;
any superannuation scheme under which the Commonwealth, a Commonwealth
authority or a licensed corporation (within the meaning of the Safety,
Rehabilitation and Compensation Act 1988 ) makes contributions on behalf of
employees (other than members of the Defence Force) and includes a
superannuation scheme established or maintained by the Commonwealth, a
Commonwealth authority or a licensed corporation; or
(b) otherwise—any superannuation scheme under which the Commonwealth
makes contributions on behalf of members of the Defence Force.
"compensation" means compensation under this Act, including the following:
(a) alterations provided, or aids and appliances provided or repaired, under
section 56;
(b) a Special Rate Disability Pension under Part 6 of Chapter 4;
(c) a telephone allowance under section 221 or 245;
(d) education or training provided under the education scheme mentioned in
Division 6 of Part 3 of Chapter 5;
(e) treatment provided under Chapter 6;
(f) a pharmaceutical allowance under Division 4 of Part 4 of
Chapter 6.
"continuous full-time service (CFTS) "means defence service of a continuous nature that is rendered by a member of the Reserves.
"date of the member's death" for a deceased member means the date determined under section 343 for the member.
"deceased member" means a person:
(a) who has died; and
(b) who was a member or former member before his or her death.
"Defence Department" means the Department of State that deals with defence and that is administered by the Defence Minister.
(a) the Permanent Forces; and
(b) the Reserves.
"defence service "has the meaning given by paragraph 6(1)(d).
"dental practitioner "means a person registered or licensed as a dental practitioner or dentist under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists.
"dependant "has the meaning given by section 15.
"dependent" means dependent for economic support.
(a) any physical or mental ailment, disorder, defect or morbid condition
(whether of sudden onset or gradual development); or
(b) the recurrence of such an ailment, disorder, defect or morbid
condition;
but does not include:
(c) the aggravation of such an
ailment, disorder, defect or morbid condition; or
(d) a temporary departure from:
(i) the normal physiological state; or
(ii) the accepted ranges of physiological or biochemical measures;
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, the effect of alcohol on blood cholesterol levels).
(a) a person under 16; or
(b) a person who:
(i) is 16 or more but under 25; and
(ii) is receiving full-time education at a school, college, university or
other educational institution; and
(iii) is not in full-time employment or engaged in work full-time on his or
her own account.
"financial year" means each period of 12 months commencing on 1 July.
"former member" means a person who has ceased to be a member.
(a) a Permanent Forces member; or
(b) a continuous full-time Reservist.
(a) a home;
(b) a hostel;
(c) a medical centre;
(d) an out-patient clinic;
(e) a rehabilitation or training establishment.
"impairment", in relation to a person, means the loss, the loss of the use, or the damage or malfunction, of any part of the person's body, of any bodily system or function, or of any part of such a system or function.
"impairment points" of a person means the points worked out for the person using the guide determined under section 67.
(a) in Division 5 of Part 4 of Chapter 4—has the meaning
given by section 152; and
(b) in Division 6 of Part 4 of Chapter 4—has the
meaning given by section 160; and
(c) in Division 7 of Part 4 of Chapter 4—has the
meaning given by section 163; and
(d) in Division 8 of Part 4 of Chapter 4—has the
meaning given by section 166.
(a) in Division 3 of Part 3 of Chapter 4—has the meaning
given by section 94; and
(b) in Division 4 of Part 3 of Chapter 4—has the
meaning given by section 103; and
(c) in Division 5 of Part 3 of Chapter 4—has the
meaning given by section 107.
(a) an incapacity of the person to engage in the work that he or she was
engaged in before the onset of the incapacity, at the same level at which he
or she was previously engaged; or
(b) if the person was not previously engaged in work, an incapacity of the
person to engage in any work that it is reasonably likely that he or
she would otherwise be engaged in.
(a) for an officer (other than a non-commissioned officer)—training
undertaken to become a commissioned officer; and
(b) otherwise—recruit training and initial employment training
undertaken to allocate the person to a category of defence work.
(a) a disease; or
(b) the aggravation of a physical or mental injury.
(a) the executor of the will, or the administrator of the estate, of a
deceased person; or
(b) the trustee of the estate of a person under a legal disability; or
(c) a person who holds an enduring power of attorney granted by another
person; or
(d) a person who, by order of a court or otherwise, has the legal
administration or control of the affairs of another person.
"medical practitioner "means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
(a) a member of the Defence Force; or
(b) a cadet; or
(c) a declared member .
(a) in Part 3 of Chapter 4—has the meaning given by subsection
89(3);
(b) in Part 4 of Chapter 4—has the meaning given by
subsection 132(2).
"onset date", for a person's incapacity for service or work, means the date determined under section 342 for the person.
(a) time spent performing duties on shifts or on Saturdays, Sundays or other
holidays; and
(b) excess travelling time;
that does not count towards the average number of hours worked.
(a) if the member is a member of the Aboriginal race of Australia or a
descendant of Indigenous inhabitants of the Torres Strait Islands—the
person is recognised as the member's husband or wife by the custom prevailing
in the tribe or group to which the member belongs;
(b) the person is legally married to the member;
(c) the person lives with the member as his or her partner on a bona fide
domestic basis although not legally married to the member.
(a) the Permanent Navy established by the Naval Defence Act 1910 ; and
(b) the Regular Army established by the Defence Act 1903 ; and
(c) the Permanent Air Force established by the Air Force Act 1923 .
(a) who is a medical practitioner; or
(b) who is a dental practitioner.
"rehabilitation program" has the meaning given by section 41.
"Repatriation Commission "means the body corporate continued in existence by section 179 of the Veterans' Entitlements Act 1986 .
"Repatriation Medical Authority" means the body corporate established under section 196A of the Veterans' Entitlements Act 1986 .
(a) the Naval Reserve established by the Naval Defence Act 1910 ; and
(b) the Army Reserve established by the Defence Act 1903 ; and
(c) the Air Force Reserve established by the Air Force Act 1923 .
(a) for a person who is a member—the service chief of the arm of the
Defence Force of which the person is a member; and
(b) for a person who is a former member or for a deceased member—the
service chief of the arm of the Defence Force of which the person was
a member before last ceasing to be a member of the Defence Force.
"service injury or disease "means a service injury or a service disease.
"Special Rate Disability Pension" has the meaning given by section 198.
"SRC Minister" means the Minister administering Division 3 of Part VII of the Safety, Rehabilitation and Compensation Act 1988 .
"Statement of Principles "means a Statement of Principles made under section 196B of the Veterans' Entitlements Act 1986 .
"suitable work "for a person means work for which the person is suited having regard to the following:
(a) the person's age, experience, training, language and other skills;
(b) the person's suitability for rehabilitation or vocational retraining;
(c) if work is available in a place that would require the person to
change his or her place of residence—whether it is reasonable to
expect the person to change his or her place of residence;
(d) any other relevant matter.
"Tribunal" means the Administrative Appeals Tribunal.
"trust funds", in respect of a trustee of payments of compensation, means the following:
(a) the amounts of compensation received by the trustee;
(b) interest on those amounts;
(c) investments of the compensation or interest;
(d) returns received on those investments.
"vocational assessment and rehabilitation" has the meaning given by section 41.
"warlike service "has the meaning given by paragraph 6(1)(a).
"wholly dependent partner" of a deceased member means a person:
(a) who was the partner of the member immediately before his or her death; and
(b) who was wholly dependent on the member at that time.