MILITARY REHABILITATION AND COMPENSATION ACT 2004

Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004

TABLE OF PROVISIONS

Long Title

CHAPTER 1--Introduction

1. Short title
2. Commencement
3. Simplified outline of this Act
4. Extension to external Territories
4A. Secretary may arrange for use of computer programs to make decisions or determinations
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.
7A. Classes of members
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. Definitions of dependant and related person
16. Certain relationships
17. When partners and eligible young persons are wholly dependent on 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--GENERAL

Division 1--Application of Part

42. Simplified outline of this Part
43. Persons to whom this Part applies

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 2A--NON---LIABILITY REHABILITATION PILOT

53A. Simplified outline of this Part
53B. Persons to whom this Part applies
53C. Provision of rehabilitation programs
53D. Legislative instrument

PART 3--ALTERATIONS--, AIDS AND APPLIANCES RELATING TO REHABILITATION

Division 1--Preliminary

54. Simplified outline of this Part
55. Persons to whom Part applies

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
62A. Scheme may provide for payments to employers

PART 5--TRANSITION--MANAGEMENT

63. Simplified outline of this Part
64. 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 and legal advice
82. Amount of financial advice and legal advice compensation
83. Whom the compensation is payable to
83A. Energy supplement for compensation under this Part

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
89A. Amount of compensation for persons receiving a Commonwealth superannuation benefit
89B. Payments before a person receives a Commonwealth superannuation benefit

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

Division 7--Amount of compensation where a Commonwealth superannuation benefit is received

116A. Simplified outline of this Division
116B. Amount of compensation for person receiving only Commonwealth superannuation pension
116C. Amount of compensation for person who has received only Commonwealth superannuation lump sum
116D. Amount of compensation for person receiving both superannuation pension and lump sum
116E. No compensation if amount worked out is nil or a negative amount

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 pension age
121. Compensation for those over the age that is 2 years before pension age
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 a Commonwealth superannuation benefit
126A. Payments before a retired person receives a Commonwealth superannuation benefit
127. Amount of compensation for former members who are maintained in hospital etc.

Subdivision C--Amount of compensation where no Commonwealth superannuation benefit 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 a Commonwealth superannuation benefit 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 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
204A. Overpayment if payment of lump sum under section 138
205. Compensation for cost of financial advice and legal advice
206. Amount of financial advice and legal advice compensation
207. Whom the compensation is payable to
208. Persons who are imprisoned
209. Ceasing to meet certain criteria
209A. Energy supplement for Special Rate Disability Pension
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
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--MRCA supplement for members and former members

221. Eligibility for MRCA supplement
222. MRCA supplement not payable in some circumstances
223. Rate of MRCA supplement
224. Payment of MRCA supplement

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
236. Choice to take lump sum
238. Whom the compensation is payable to
238A. Energy supplement for compensation for wholly dependent partners of deceased members

Division 3--Compensation for cost of financial advice and legal advice for wholly dependent partners

239. Compensation for cost of financial advice and legal advice
240. Amount of financial advice and legal 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--MRCA supplement for wholly dependent partners

245. Eligibility for MRCA supplement
246. MRCA supplement not payable in some circumstances
247. Rate of MRCA supplement
248. Payment of MRCA supplement

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 5A--Acute and employment support

PART 1--ACUTE--SUPPORT

268A. Simplified outline of this Part
268B. Acute support package

PART 2--EMPLOYMENT--SUPPORT TO FORMER MEMBERS

268C. Simplified outline of this Part
268D. Employment support to former members

CHAPTER 6--Treatment for injuries and diseases

PART 1--SIMPLIFIED--OUTLINE OF THIS CHAPTER

269. Simplified outline of this Chapter

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 Defence regulations
280. Treatment for service injuries and diseases of former members and part - time Reservists etc.
280A. Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988
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 or pharmaceutical benefits
287. Provision of treatment
287A. Provision of services under the Coordinated Veterans' Care mental health pilot

PART 4--OTHER--COMPENSATION RELATING TO TREATMENT

Division 1--Simplified outline of this Part

288. Simplified outline of this Part

Division 1A--Compensation for treatment obtained in special circumstances

288A. Compensation for those entitled to treatment under Part 3
288B. Compensation for treatment prior to a service death
288C. Compensation in other special circumstances
288D. Relationship of this Part with other compensation provisions
288E. No compensation if aggravated injury or disease ceases to be aggravated etc.
288F. Amount of treatment compensation
288G. Whom treatment compensation is payable to

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--MRCA supplement for members, former members and dependants

300. Eligibility for MRCA supplement
301. MRCA supplement not payable in some circumstances
302. Rate of MRCA supplement
303. Payment of MRCA supplement

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 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

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 Chief of the Defence Force
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

344. Simplified outline of this Chapter
345. Definitions
345A. Application of this Chapter to decisions about clean energy payments
345B. Application of this Chapter to decisions about acute support packages

PART 2--NOTIFYING--ORIGINAL DETERMINATIONS

346. Notifying original determinations

PART 3--RECONSIDERATION--OF DETERMINATIONS

347. Commission or Chief of the Defence Force initiating reconsideration of original determinations
347A. Reconsideration of permanent impairment compensation
348. Varying determinations made by the Board
349. Chief of the Defence Force 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 Review Tribunal Act 2024
355A. Applications cannot be made to the Tribunal guidance and appeals panel
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 members described in subparagraph 364(1)(b)(i)
367. Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii)
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

PART 7--OTHER--MATTERS

382. Staff
383. Consultants
384. Delegation
385. Annual report

CHAPTER 10--Liabilities arising apart from this Act etc.

PART 1--PRELIMINARY

386. Simplified outline of this Chapter
387. Interpretation

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
408A. Manner of giving notice or other document
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 persons receiving a Commonwealth superannuation benefit

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 to give notice to incapacitated person
420. What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment
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 5A--CLEAN--ENERGY PAYMENTS

Division 6--Multiple entitlement exclusions

424L. Multiple entitlement exclusions

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.
430A. Use and disclosure of account details
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
437A. Delegation by Minister
438. Delegation by Chief of the Defence Force

PART 7--REGULATIONS

439. Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4
440. Regulations

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