Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The MRCC is not liable, under subsection 16(1) of this Act, to pay compensation in respect of the cost of medical treatment obtained in relation to an injury of an employee if the employee is:
(aa) eligible to be provided with treatment under section 7 of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or
(a) entitled to be provided with treatment under section 281 or 282 of the MRCA for any injury or disease (within the meaning of that Act); or
(ab) eligible to be provided with treatment under section 7 of the Treatment Benefits (Special Access) Act 2019 as a result of a claim to establish eligibility having been determined under that Act; or
(b) eligible for treatment under section 53D or subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) of the Veterans' Entitlements Act 1986 for any injury or disease (within the meaning of that Act).
Note: In this Act, the definition of injury includes a disease (see section 5A of this Act).
Exceptional circumstances determination
(2) However, if the MRCC is satisfied that there are exceptional circumstances, the MRCC may determine, in writing, that on and from a specified day subsection (1) of this section does not apply in relation to an employee and an injury.
(3) The MRCC must notify the employee of the determination within 7 days of the determination being made.
(4) A determination under subsection (2) is not a legislative instrument.