Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 84

Simplified outline of this Part

This Part provides for compensation to be provided for current members who are incapacitated for service as a result of a service injury or disease. The Part also provides for compensation for some current part - time Reservists, cadets and declared members who are incapacitated for work as a result of a service injury or disease.

The Commission must have accepted liability for the injury or disease, and a claim must have been made in respect of the member, to be entitled to the compensation.

The amount of compensation a member receives for a week depends on the difference between the member's normal and actual earnings for the week. The member's normal earnings are a notional amount. The member's actual earnings are based on how much the member actually earns for the week.

Normal earnings are worked out under Divisions   2 to 6, depending on the member's current status (for example, as a Permanent Forces member or a Reservist) and their status at the time the service injury or disease occurred.

Division   7 deals with how to work out the amount of compensation a member receives for a week if the member receives or has received a benefit under a Commonwealth superannuation scheme. (However, the amount of compensation the member receives for a week might be worked out under Divisions   2 to 6 if the member has applied for the benefit, but has not begun to receive or has not received the benefit (see section   89B).)

Part   5 of this Chapter contains other important rules that apply in working out normal earnings, actual earnings and the amount of compensation generally.



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