Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS (CLARKE REVIEW) ACT 2004 - SCHEDULE 6

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

1   Subsection   7(1) (note)

Omit "section   9A", substitute "sections   9A and 70A".

2   Subsection   7(2) (note 1)

Omit "section   9A", substitute "sections   9A and 70A".

3   Subsection   8(1) (note)

Omit "section   9A", substitute "sections   9A and 70A".

4   Subsection   8(2) (note 1)

Omit "section   9A", substitute "sections   9A and 70A".

Veterans' Entitlements Act 1986

5   At the end of subsections   70(4), (5) and (5A)

Add:

Note:   After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for some new defence - caused injuries, diseases and deaths: see section   70A.

6   After section   70

Insert:

70A   Most defence - caused injuries, diseases and deaths of members of the Defence Force no longer covered by this Act

  (1)   An injury, disease or death of a member of the Forces, or any other member or former member of the Defence Force, is taken not to be defence - caused if:

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

  (b)   the injury, disease or death either:

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

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

Note 1:   After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such injuries, diseases and deaths.

Note 2:   The other members (or former members) of the Defence Force mentioned in subsection   (1) are or were also members of a Peacekeeping Force.

  (2)   An injury or disease of a member of the Forces, or any other member or former member of the Defence Force, that has been aggravated, or materially contributed to, by service is taken not to be defence - caused if:

  (a)   the aggravation or material contribution occurs on or after the MRCA 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 service rendered by the member on or after that date; or

  (ii)   relates to service rendered by the member before, and on or after, that date; and

  (c)   if section   12 of the CTPA applies to the member--after receiving a notice under that section, the member makes a claim under section   319 of the MRCA (or continues with a claim already made under that section) in respect of the aggravated injury or disease.

Note 1:   After the MRCA commencement date, compensation is provided under the MRCA (instead of this Act) for such aggravations and material contributions.

Note 2:   The other members (or former members) of the Defence Force mentioned in subsection   (2) are or were also members of a Peacekeeping Force.

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