Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 39

Definition of rehabilitation authority

  (1)   The Chief of the Defence Force is a rehabilitation authority for the purposes of this Chapter.

  (2)   The Commission is a rehabilitation authority for the purposes of this Chapter.

  (3)   The rehabilitation authority for a person at a time is:

  (a)   subject to paragraph   (aa), the Chief of the Defence Force for a time when the person:

  (i)   is a Permanent Forces member, a continuous full - time Reservist or a part - time Reservist; and

  (ii)   has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or

  (aa)   if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time--the Commission for that time; or

  (b)   the Commission for any other time.

  (4)   A determination made under paragraph   (3)(aa) is not a legislative instrument.



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