Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2004 - SECT 7

Application of the MRCA to certain injuries, diseases and deaths

  (1)   The MRCA applies to a person's injury, disease or death if:

  (a)   the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and

  (b)   the injury, disease or death either:

  (i)   relates to defence service rendered by the person on or after that date; or

  (ii)   relates to defence service rendered by the person before, and on or after, that date.

  (2)   The MRCA applies to an aggravation of, or a material contribution to, a person's injury or disease, or a sign or symptom of a person's injury or disease, if:

  (a)   the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

  (b)   the aggravation or material contribution either:

  (i)   relates to defence service rendered by the person on or after that date; or

  (ii)   relates to defence service rendered by the person before, and on or after, that date.

  (2A)   Subsection   ( 2) is subject to section   9.

Note:   Section   9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.

  (3)   To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback