Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a claim is made under section 319 of the MRCA in respect of a person who also has:
(i) a separate war - caused or defence - caused injury or disease (within the meaning of the VEA) (the old injury or disease ); or
(ii) a separate injury or disease (within the meaning of the DRCA ) (the old injury or disease ); or
(b) a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to:
(i) a sign or symptom of a war - caused or defence - caused injury or disease of a person (within the meaning of the VEA) (the old injury or disease ); or
(ii) an injury or disease of a person (within the meaning of the DRCA ) (the old injury or disease ) or a sign or symptom of such an injury or disease.
(2) The Commission must determine the impairment points constituted by the impairment suffered by the person from the old injury or disease using the guide under section 67 of the MRCA.
(3) For the purposes of determining under the MRCA the number of impairment points constituted by an impairment suffered by a person, the Commission must count the impairment points determined for the old injury or disease under subsection ( 2) towards the person's total impairment points.
(4) The Commission may include in the guide under section 67 of the MRCA one or more methods of working out the amount of compensation a person is entitled to under Part 2 of Chapter 4 of the MRCA (permanent impairment) for the service injury or disease. A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or the DRCA in respect of the old injury or disease.
Note: The regulations may also include a method of converting lump sum amounts into weekly amounts for the purposes of offsetting (see paragraph 24(3)(b)).