Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"actual earnings" :
(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).
"aggravated injury or disease" means an injury or disease that is a service injury or disease because of paragraph 27(d), subsection 29(2) or section 30 (aggravations etc.) (and only because of that paragraph, subsection or section).
"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" has the meaning given by the Defence Act 1903 .
"Board" means the Veterans' Review Board constituted under the Veterans' Entitlements Act 1986 .
"cadet" means a member of the Australian Defence Force cadets.
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
"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.
"clean energy bonus" under an Act or scheme means any of the following that is provided for by the Act or scheme:
(b) a payment known as an energy supplement or a quarterly energy supplement;
(c) an increase that is described using the phrase "energy supplement" and affects the rate of another payment that is provided for by the Act or scheme.
"clean energy payment" means energy supplement.
"clean energy underlying payment" means:
(a) compensation under Part 2 of Chapter 4 (whether weekly compensation or a lump sum); or
(b) Special Rate Disability Pension; or
(c) compensation under Division 2 of Part 2 of Chapter 5 (whether weekly compensation or a lump sum).
"Comcare" means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988 .
"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:
(aa) for the purposes of the following provisions:
(ii) Division 7 of Part 3 of Chapter 4;
(iii) sections 416 to 418 (to the extent to which they relate to compensation under Part 3 of Chapter 4);
any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015 ; or
(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 or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015 ; or
(b) otherwise--any superannuation scheme under which the Commonwealth makes contributions on behalf of members of the Defence Force or the Australian Defence Force Cover Act 2015 .
Note: Section 14 affects the operation of paragraph (a) of this definition.
"compensable treatment" has the meaning given by section 289.
"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) MRCA supplement under section 221, 245 or 300;
(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;
"continuous full-time Reservist" means a member of the Reserves on continuous full - time service.
"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.
"declared member" means a person to whom a determination under section 8 applies.
"Defence Department" means the Department of State that deals with defence and that is administered by the Defence Minister.
"Defence Force" means:
(a) the Permanent Forces; and
(b) the Reserves.
"Defence Minister" means the Minister administering section 1 of the Defence Act 1903 .
"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.
"disease" means:
(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, alcohol on blood cholesterol levels).
"duty" , for a cadet or a declared member, has the meaning given by section 9.
Note: Duty has its ordinary meaning for other kinds of members.
"eligible young person" means:
(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.
"energy supplement" means energy supplement payable under section 83A, 209A or 238A.
"expense allowance" means an allowance paid in respect of any expense incurred, or likely to be incurred, by a person in respect of the person's work.
"former member" means a person who has ceased to be a member.
Note: A cadet or a part - time Reservist who is unlikely to be able to perform his or her duties in the future as a result of an incapacity might be taken to be a former member (see section 10).
"full-time service" means defence service as:
(a) a Permanent Forces member; or
(b) a continuous full - time Reservist.
"hospital or other institution" includes the following:
(a) a home;
(b) a hostel;
(c) a medical centre;
(d) an out - patient clinic;
(e) a rehabilitation or training establishment.
"household services" has the meaning given by section 213.
"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.
"incapacitated person" :
(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.
"incapacitated Reservist" :
(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.
"incapacity for service" , in relation to a person who has sustained an injury or contracted a disease, means an incapacity of the person to engage in the defence service 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.
Note: For example, a person might be unable to engage in defence service at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.
"incapacity for service or work" means incapacity for service or incapacity for work.
"incapacity for work" , in relation to a person who has sustained an injury or contracted a disease, means:
(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.
Note: For example, a person might be unable to engage in work at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.
"indexation year" means the financial year commencing on 1 July 2003, and each subsequent financial year.
"initial training" for a person means:
(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.
"injury" means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
(a) a disease; or
(b) the aggravation of a physical or mental injury.
"legal personal representative" means:
(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 aid" of a person means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, that is used by the 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.
"member" means:
(a) a member of the Defence Force; or
(b) a cadet; or
(ba) a person to whom section 7A applies; or
(c) a declared member.
"non-warlike service" has the meaning given by paragraph 6(1)(b).
"normal earnings" :
(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).
"normal weekly hours" 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.
"overtime" includes:
(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.
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
"partner" of a member means a person in respect of whom at least one of the following applies:
(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, wife or spouse by the custom prevailing in the tribe or group to which the member belongs;
(b) the person is legally married to the member;
(ba) a relationship between the person and the member (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
(c) the person (whether of the same sex or a different sex to the member):
(i) is, in the Commission's opinion (see subsection (2)), in a de facto relationship with the member; and
(ii) is not an ancestor, descendant, brother, sister, half - brother or half - sister of the member (see subsection (3)).
Note: This section also applies to former members (see section 20).
"part-time Reservist" means a member of the Reserves who is not on continuous full - time service.
"pay-related allowance" means an allowance specified in a determination under section 11.
"peacetime service" has the meaning given by paragraph 6(1)(c).
"pension age" has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991 .
"Permanent Forces" has the same meaning as in the Defence Act 1903 .
"Permanent Forces member" means a member of the Permanent Forces.
"pharmaceutical benefits" has the same meaning as in section 91 of the Veterans' Entitlements Act 1986 .
"pharmaceutical benefits determination" : see subsection 286(3).
"practising lawyer" means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and who holds a practising certificate (however described) entitling the person to practise that profession.
"practitioner" means a person:
(a) who is a medical practitioner; or
(b) who is a dental practitioner.
"registered charity" means an entity that is registered under the Australian Charities and Not - for - profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25 - 5(5) of that Act.
"rehabilitation authority" has the meaning given by section 39.
"rehabilitation program" has the meaning given by section 41.
"related person" of a member has the meaning given by subsection 15(2).
"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 .
"Reserves" has the same meaning as in the Defence Act 1903 .
"retirement savings account" means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997 .
"Secretary" means Secretary of the Department.
"service death" has the meaning given by section 28 and subsection 29(3).
"service disease" has the meaning given by section 27, subsections 29(1) and (2) and section 30.
Note: A reference to a service disease being contracted includes a reference to a disease being aggravated by defence service (see section 7).
"service injury" has the meaning given by section 27, subsections 29(1) and (2) and section 30.
Note: A reference to a service injury being sustained includes a reference to an injury being aggravated by defence service (see section 7).
"service injury, disease or death" means a service injury, a service disease or a service death.
"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 .
"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.
"step-parent" : without limiting who is a step - parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step-parent of the person, if he or she would be the person's step - parent except that he or she is not legally married to the person's parent.
"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.
"treatment" has the meaning given by section 13.
"treatment determination" : see subsection 286(4).
"Tribunal" means the Administrative Review 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.
"Veterans' Affairs Minister" means the Minister administering the Veterans' Entitlements Act 1986 .
"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.
Note: A partner who was living with a deceased member immediately before the member's death is taken to have been wholly dependent on the partner (see section 17).
"work" means work for financial gain or reward (whether as an employee, a self - employed person or otherwise).
(2) For the purposes of subparagraph (c)(i) of the definition of partner in subsection (1), section 11A of the Veterans' Entitlements Act 1986 applies to the forming of the Commission's opinion about whether a person and a member are in a de facto relationship.
(3) For the purposes of subparagraph (c)(ii) of the definition of partner in subsection (1), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.