Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo dual entitlement for injuries and diseases
(1) A person who, at a particular time, would otherwise be entitled to:
(a) a benefit under a VEA or DRCA provision mentioned in column 1 of the table; and
(b) a benefit under an MRCA provision mentioned in column 2;
is instead only entitled to the benefit under the MRCA provision at that time.
Equivalent entitlements for injuries and diseases under the VEA or DRCA and the MRCA | ||
Item | Column 1 VEA or DRCA provision | Column 2 MRCA provision |
1 | Subsection 13(4) of the VEA | Section 253 of the MRCA |
2 | Section 98 of the VEA | Section 217 of the MRCA |
3 | Section 105 of the VEA | Section 212 of the MRCA |
4 | Section 107 of the VEA | Part 3, 4 or 6 of Chapter 4 of the MRCA |
5 | Section 108 of the VEA | Part 3, 4 or 6 of Chapter 4 of the MRCA |
6 | Part VII of the VEA | Section 258 of the MRCA |
7 | Part 3, 4 or 6 of Chapter 4 of the MRCA | |
8 | Section 127 of the MRCA | |
9 | Subsection 29(1) of the DRCA | Section 214 of the MRCA |
10 | Subsection 29(3) of the DRCA | Section 217 of the MRCA |
Note: Payments of Commonwealth superannuation that are being offset under section 20, 21 or 21A of the DRCA might instead be offset under Part 4 or 6 of Chapter 4 of the MRCA (see section 16 of this Act).
No dual entitlement for travel expenses for treatment
(2) A person who would otherwise be entitled to:
(a) a benefit under a VEA or DRCA provision mentioned in column 1 of the table in respect of a journey or accommodation; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of the journey or accommodation;
is instead only entitled to the benefit under the MRCA provision in respect of the journey or accommodation.
Equivalent entitlements for travel expenses for treatment under the VEA or DRCA and the MRCA | ||
Item | Column 1 VEA or DRCA provision | Column 2 MRCA provision |
1 | Subsection 110(1) of the VEA | Subsection 290(1) or 291(1) of the MRCA |
2 | Subsection 110(2) of the VEA | Subsection 290(2) or 291(2) of the MRCA |
3 | Subsection 16(6) of the DRCA | Division 2 of Part 4 of Chapter 6 of the MRCA |
4 | Subsection 16(9) of the DRCA | Section 297 of the MRCA |
No dual entitlement for treatment expenses
(3) A person who would otherwise be entitled to compensation under subsection 16(1) of the DRCA , and Part 2 of Chapter 6 of the MRCA, in respect of the same treatment is instead only entitled to the compensation under the MRCA for the treatment.
No dual entitlement for modifications of aids and appliances etc.
(4) A person who would otherwise be entitled to:
(a) a benefit under an DRCA provision mentioned in column 1 of the table in respect of a modification, alteration, repair, replacement or provision of a thing; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of the modification, alteration, repair, replacement or provision;
is instead only entitled to the benefit under the MRCA provision in respect of the modification, alteration, repair, replacement or provision.
Equivalent entitlements for modifications of aids and appliances etc. under the DRCA and the MRCA | ||
Item | Column 1 DRCA provision | Column 2 MRCA provision |
1 | Section 56 of the MRCA | |
2 | Section 212 of the MRCA | |
No dual entitlement for deaths
(5) A person who would otherwise be entitled to:
(a) a benefit under a VEA or DRCA provision mentioned in column 1 of the table in respect of a person's death; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of the death;
is instead only entitled to the benefit under the MRCA provision in respect of the death.
Equivalent entitlements for deaths under the VEA or DRCA and the MRCA | ||
Item | Column 1 VEA or DRCA provision | Column 2 MRCA provision |
1 | Section 98B of the VEA | Section 266 of the MRCA |
2 | Subsection 99(1) of the VEA | Section 266 of the MRCA |
3 | Subsection 99(2) of the VEA | Section 266 of the MRCA |
4 | Paragraph 99(4)(b) of the VEA | Section 297 of the MRCA |
5 | Subsection 16(9) of the DRCA | Section 297 of the MRCA |
6 | Subsection 17(3) of the DRCA | Parts 1 to 4 of Chapter 5 of the MRCA |
7 | Subsection 17(4) of the DRCA | Part 4 of Chapter 5 of the MRCA |
8 | Subsection 17(5) of the DRCA | Section 253 of the MRCA |
9 | Section 266 of the MRCA | |
(6) To avoid doubt, if this section stops a person from being entitled, under a provision of an Act, to a benefit at a time or in respect of a thing, then compensation, an allowance, a pension or any other benefit is not payable, or to be granted, under the provision at that time or in respect of that thing to or for the benefit of the person.