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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 87

Compensation for incapacitated cadets and declared members

  (1)   The Commonwealth is liable to pay compensation to a person for a week if:

  (a)   the person is a cadet or a declared member for the week; and

  (b)   the Commission has accepted liability for a service injury or disease of the person; and

  (c)   the service injury or disease results in the person's incapacity for work for the week; and

  (d)   if the person is a cadet--the commanding officer of the cadet's unit has not advised the Commission under section   10 that the person is unlikely to be able to perform the duties of a cadet in the future; and

  (e)   a claim for compensation in respect of the person has been made under section   319.

Note 1:   This section might be affected by the following provisions:

(a)   sections   50, 52 and 329 (failure to undergo examination or rehabilitation program);

(b)   section   88 (aggravations etc.);

(c)   section   196 (compensation for part weeks).

Note 2:   A person whose commanding officer has advised the Commission under section   10 that the person is unlikely to be able to perform the duties of a cadet in the future might be entitled to compensation under Part   4.

  (2)   The amount of compensation that the Commonwealth is liable to pay is worked out under section   89 or 89A.

Note:   The Commonwealth is not liable to pay compensation if the amount of compensation is nil or a negative amount.



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