Military Rehabilitation and Compensation Act 2004 (Cth)

Military Rehabilitation and Compensation Act 2004

No. 51, 2004

Compilation No. 74

Compilation date:1 November 2025

Includes amendments:Act No. 45, 2025

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation Act 2004 that shows the text of the law as amended and in force on 1 November 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to provide rehabilitation, compensation and other entitlements for veterans, members and former members of the Defence Force, and for other purposes

Chapter 1Introduction1Short title

This Act may be cited as the Military Rehabilitation and Compensation Act 2004.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	27 April 2004
2. Sections 3 to 359	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	1 July 2004 (see Gazette 2004, GN22)
3. Sections 360 to 385	The day on which this Act receives the Royal Assent.	27 April 2004
4. Sections 386 to 440	At the same time as the provision(s) covered by table item 2.	1 July 2004

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Simplified outline of this Act

This Act provides for:
(a)
compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and
(aa)
rehabilitation programs for current or former members of the Defence Force (including some who have made a claim for acceptance of liability by the Commission for a service injury or disease and some who have not made such a claim and who need not have a service injury or disease); and
(b)
compensation and other benefits to be provided for the dependants of some deceased members; and
(c)
certain assistance (such as child care, counselling and household services) to members or former members or to related persons of members, former members or deceased members.
Before most benefits can be paid or provided, the Commission must accept liability for an injury, disease or death of a current or former member under Chapter 2. Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability.
The procedure for dealing with claims under this Act is dealt with under Chapters 7 and 8. The Veterans’ Review Board is dealt with in Chapter 8A. The Military Rehabilitation and Compensation Commission and the administration of the Act are dealt with in Chapters 9 to 11.
Provisions in this Act might be affected by the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
A person who is entitled to a benefit under this Act might also be entitled to a pension, allowance or other benefit under the Veterans’ Entitlements Act 1986. This might include the following:
(a)
a service pension under Part III of that Act;
(b)
treatment under Part V of that Act;
(c)
veterans supplement, a Victoria Cross allowance or Income Support Supplement;
(d)
a funeral benefit.
Note: Under section 203 of the Veterans’ Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

4Extension to external Territories

This Act extends to every external Territory.

4ASecretary may arrange for use of computer programs to make decisions or determinations

(1)
The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:
1. (a)
  make a decision or determination; or
2. (b)
  exercise any power or comply with any obligation; or
3. (c)
  do anything else related to making a decision or determination or exercising a power or complying with an obligation.
(1A)
Subsection (1) does not apply to the following:
1. (a)
  a decision or determination that the death of a person is not a service death;
2. (b)
  a decision or determination that an injury sustained by a person is not a service injury;
3. (c)
  a decision or determination that a disease contracted by a person is not a service disease.
(2)
For the purposes of this Act or the legislative instrument, the Commission is taken to have:
1. (a)
  made a decision or determination; or
2. (b)
  exercised a power or complied with an obligation; or
3. (c)
  done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation;
that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).
Substituted decisions or determinations
(3)
The Commission may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision or determination made by the operation of the computer program is incorrect.
Note: For review of a determination made in substitution, see Chapter 8.
(4)
Subsection (3) does not limit Chapter 8 (about reconsideration and review of determinations).

5Definitions

(1)
In this Act:
actual earnings:
1. (a)
  in Part 3 of Chapter 4—has the meaning given by subsection 89(3); and
2. (b)
  in Part 4 of Chapter 4—has the meaning given by subsection 132(1).
aggravated injury or disease means an injury or disease that is a service injury or disease because of paragraph 27(d), subsection 29(2) or section 30 (aggravations etc.) (and only because of that paragraph, subsection or section).
alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes the following:
1. (a)
  conferencing;
2. (b)
  mediation;
3. (c)
  neutral evaluation;
4. (d)
  case appraisal;
5. (e)
  conciliation;
6. (f)
  procedures or services prescribed in an instrument under subsection (1A);
but does not include the following:
1. (g)
  arbitration;
2. (h)
  court procedures or services.
Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.
appointed Commission member means a Commission member described in paragraph 364(1)(b).
approved program provider has the meaning given by section 41.
approved rehabilitation program has the meaning given by section 41.
attendant care services has the meaning given by section 213.
Australian Defence Force Cadets has the meaning given by the Defence Act 1903.
Board means the Veterans’ Review Board continued in existence by section 359B.
Board member means the Principal Member, a Senior Member or another member of the Board.
cadet means a member of the Australian Defence Force cadets.
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.
civilian work means work other than as a member of the Defence Force.
claimant means a person who has made a claim under section 319.
clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme:
1. (b)
  a payment known as an energy supplement or a quarterly energy supplement;
2. (c)
  an increase that is described using the phrase “energy supplement” and affects the rate of another payment that is provided for by the Act or scheme.
clean energy payment means energy supplement.
clean energy underlying payment means:
1. (a)
  compensation under Part 2 of Chapter 4 (whether weekly compensation or a lump sum); or
2. (b)
  Special Rate Disability Pension; or
3. (c)
  compensation under Division 2 of Part 2 of Chapter 5 (whether weekly compensation or a lump sum).
Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.
Commission means the Military Rehabilitation and Compensation Commission established by section 361.
Commission Chair means the Chair of the Commission.
Commission member means a member of the Commission (including the Commission Chair).
Commonwealth superannuation scheme means:
1. (aa)
  for the purposes of the following provisions:
  1. (i)
    sections 89A and 89B;
  2. (ii)
    Division 7 of Part 3 of Chapter 4;
  3. (iii)
    sections 416 to 418 (to the extent to which they relate to compensation under Part 3 of Chapter 4);
any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015; or
1. (a)
  if a person’s normal earnings are worked out (or would be worked out if the person had not chosen a Special Rate Disability Pension) under:
  1. (i)
    Subdivision D of Division 4 of Part 4 of Chapter 4; or
  2. (ii)
    Division 5 of Part 4 of Chapter 4; or
  3. (iia)
    sections 126 and 126A;
  4. (iii)
    Subdivision D of Division 8 of Part 4 of Chapter 4;
any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015; or
1. (b)
  otherwise—any superannuation scheme under which the Commonwealth makes contributions on behalf of members of the Defence Force or the Australian Defence Force Cover Act 2015.
Note: Section 14 affects the operation of paragraph (a) of this definition.
compensable treatment has the meaning given by section 289.
compensation means compensation under this Act, including the following:
1. (a)
  alterations provided, or aids and appliances provided or repaired, under section 56;
2. (b)
  a Special Rate Disability Pension under Part 6 of Chapter 4;
3. (c)
  MRCA supplement under section 221, 245 or 300;
4. (d)
  education or training provided under the education scheme mentioned in Division 6 of Part 3 of Chapter 5;
5. (e)
  treatment provided under Chapter 6;
6. (f)
  clean energy payments.
Conference Registrar means a Conference Registrar of the Board.
continuous full‑time Reservist means a member of the Reserves on continuous full‑time service.
continuous full‑time service (CFTS) means defence service of a continuous nature that is rendered by a member of the Reserves.
date of the member’s death for a deceased member means the date determined under section 343 for the member.
deceased member means a person:
1. (a)
  who has died; and
2. (b)
  who was a member or former member before his or her death.
declared member means a person to whom a determination under section 8 applies.
Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.
Defence Force means:
1. (a)
  the Permanent Forces; and
2. (b)
  the Reserves.
Defence Minister means the Minister administering section 1 of the Defence Act 1903.
defence service has the meaning given by paragraph 6(1)(d).
dental practitioner means a person registered or licensed as a dental practitioner or dentist under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists.
dependant has the meaning given by section 15.
dependent means dependent for economic support.
Deputy Registrar means a Deputy Registrar of the Board.
disease means:
1. (a)
  any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or
2. (b)
  the recurrence of such an ailment, disorder, defect or morbid condition;
but does not include:
1. (c)
  the aggravation of such an ailment, disorder, defect or morbid condition; or
2. (d)
  a temporary departure from:
  1. (i)
    the normal physiological state; or
  2. (ii)
    the accepted ranges of physiological or biochemical measures;
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
duty, for a cadet or a declared member, has the meaning given by section 9.
Note: Duty has its ordinary meaning for other kinds of members.
eligible young person means:
1. (a)
  a person under 16; or
2. (b)
  a person who:
  1. (i)
    is 16 or more but under 25; and
  2. (ii)
    is receiving full‑time education at a school, college, university or other educational institution; and
  3. (iii)
    is not in full‑time employment or engaged in work full‑time on his or her own account.
energy supplement means energy supplement payable under section 83A, 209A or 238A.
expense allowance means an allowance paid in respect of any expense incurred, or likely to be incurred, by a person in respect of the person’s work.
former member means a person who has ceased to be a member.
Note: A cadet or a part‑time Reservist who is unlikely to be able to perform his or her duties in the future as a result of an incapacity might be taken to be a former member (see section 10).
full‑time service means defence service as:
1. (a)
  a Permanent Forces member; or
2. (b)
  a continuous full‑time Reservist.
guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.
guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.
hospital or other institution includes the following:
1. (a)
  a home;
2. (b)
  a hostel;
3. (c)
  a medical centre;
4. (d)
  an out‑patient clinic;
5. (e)
  a rehabilitation or training establishment.
household services has the meaning given by section 213.
impairment, in relation to a person, means the loss, the loss of the use, or the damage or malfunction, of any part of the person’s body, of any bodily system or function, or of any part of such a system or function.
impairment points of a person means the points worked out for the person using the guide determined under section 67.
incapacitated person:
1. (a)
  in Division 5 of Part 4 of Chapter 4—has the meaning given by section 152; and
2. (b)
  in Division 6 of Part 4 of Chapter 4—has the meaning given by section 160; and
3. (c)
  in Division 7 of Part 4 of Chapter 4—has the meaning given by section 163; and
4. (d)
  in Division 8 of Part 4 of Chapter 4—has the meaning given by section 166.
incapacitated Reservist:
1. (a)
  in Division 3 of Part 3 of Chapter 4—has the meaning given by section 94; and
2. (b)
  in Division 4 of Part 3 of Chapter 4—has the meaning given by section 103; and
3. (c)
  in Division 5 of Part 3 of Chapter 4—has the meaning given by section 107.
incapacity for service, in relation to a person who has sustained an injury or contracted a disease, means an incapacity of the person to engage in the defence service that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged.
Note: For example, a person might be unable to engage in defence service at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.
incapacity for service or work means incapacity for service or incapacity for work.
incapacity for work, in relation to a person who has sustained an injury or contracted a disease, means:
1. (a)
  an incapacity of the person to engage in the work that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged; or
2. (b)
  if the person was not previously engaged in work, an incapacity of the person to engage in any work that it is reasonably likely that he or she would otherwise be engaged in.
Note: For example, a person might be unable to engage in work at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.
indexation year means the financial year commencing on 1 July 2003, and each subsequent financial year.
initial training for a person means:
1. (a)
  for an officer (other than a non‑commissioned officer)—training undertaken to become a commissioned officer; and
2. (b)
  otherwise—recruit training and initial employment training undertaken to allocate the person to a category of defence work.
injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
1. (a)
  a disease; or
2. (b)
  the aggravation of a physical or mental injury.
legal personal representative means:
1. (a)
  the executor of the will, or the administrator of the estate, of a deceased person; or
2. (b)
  the trustee of the estate of a person under a legal disability; or
3. (c)
  a person who holds an enduring power of attorney granted by another person; or
4. (d)
  a person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person.
medical aid of a person means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, that is used by the person.
medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
member means:
1. (a)
  a member of the Defence Force; or
2. (b)
  a cadet; or
3. (ba)
  a person to whom section 7A applies; or
4. (c)
  a declared member.
National Registrar means the National Registrar of the Board.
non‑warlike service has the meaning given by paragraph 6(1)(b).
normal earnings:
1. (a)
  in Part 3 of Chapter 4—has the meaning given by subsection 89(3);
2. (b)
  in Part 4 of Chapter 4—has the meaning given by subsection 132(2).

normal weekly hours has the meaning given by subsection 132(2).
onset date, for a person’s incapacity for service or work, means the date determined under section 342 for the person.
overtime includes:
1. (a)
  time spent performing duties on shifts or on Saturdays, Sundays or other holidays; and
2. (b)
  excess travelling time;
that does not count towards the average number of hours worked.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.
partner of a member means a person in respect of whom at least one of the following applies:
1. (a)
  if the member is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands—the person is recognised as the member’s husband, wife or spouse by the custom prevailing in the tribe or group to which the member belongs;
2. (b)
  the person is legally married to the member;
3. (ba)
  a relationship between the person and the member (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;
4. (c)
  the person (whether of the same sex or a different sex to the member):
  1. (i)
    is, in the Commission’s opinion (see subsection (2)), in a de facto relationship with the member; and
  2. (ii)
    is not an ancestor, descendant, brother, sister, half‑brother or half‑sister of the member (see subsection (3)).
Note: This section also applies to former members (see section 20).
part‑time Reservist means a member of the Reserves who is not on continuous full‑time service.
pay‑related allowance means an allowance specified in a determination under section 11.
peacetime service has the meaning given by paragraph 6(1)(c).
pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991.
Permanent Forces has the same meaning as in the Defence Act 1903.
Permanent Forces member means a member of the Permanent Forces.
pharmaceutical benefits has the same meaning as in section 91 of the Veterans’ Entitlements Act 1986.
pharmaceutical benefits determination: see subsection 286(3).
practising lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and who holds a practising certificate (however described) entitling the person to practise that profession.
practitioner means a person:
1. (a)
  who is a medical practitioner; or
2. (b)
  who is a dental practitioner.
Principal Member means the Principal Member of the Board.
registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
Registrar means a Registrar of the Board.
rehabilitation authority has the meaning given by section 39.
rehabilitation program has the meaning given by section 41.
related person of a member has the meaning given by subsection 15(2).
Repatriation Commission means the body corporate continued in existence by section 179 of the Veterans’ Entitlements Act 1986.
Repatriation Medical Authority means the body corporate established under section 196A of the Veterans’ Entitlements Act 1986.
Reserves has the same meaning as in the Defence Act 1903.
retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.
Secretary means Secretary of the Department.
Senior Member means a Senior Member of the Board.
service death has the meaning given by section 28 and subsection 29(3).
service diseasehas the meaning given by section 27, subsections 29(1) and (2) and section 30.
Note: A reference to a service disease being contracted includes a reference to a disease being aggravated by defence service (see section 7).
service injury has the meaning given by section 27, subsections 29(1) and (2) and section 30.
Note: A reference to a service injury being sustained includes a reference to an injury being aggravated by defence service (see section 7).
service injury, disease or death means a service injury, a service disease or a service death.
service injury or disease means a service injury or a service disease.
Services member means a Board member who, when appointed or re‑appointed as a Board member, was a person selected from lists submitted in accordance with a request made under subsection 359C(3).
Special Rate Disability Pension has the meaning given by section 198.
SRC Minister means the Minister administering Division 3 of Part VII of the Safety, Rehabilitation and Compensation Act 1988.
Statement of Principles means a Statement of Principles made under section 196B of the Veterans’ Entitlements Act 1986.
stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.
step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.
suitable work for a person means work for which the person is suited having regard to the following:
1. (a)
  the person’s age, experience, training, language and other skills;
2. (b)
  the person’s suitability for rehabilitation or vocational retraining;
3. (c)
  if work is available in a place that would require the person to change his or her place of residence—whether it is reasonable to expect the person to change his or her place of residence;
4. (d)
  any other relevant matter.
treatment has the meaning given by section 13.
treatment determination: see subsection 286(4).
Tribunal means the Administrative Review Tribunal.
trust funds, in respect of a trustee of payments of compensation, means the following:
1. (a)
  the amounts of compensation received by the trustee;
2. (b)
  interest on those amounts;
3. (c)
  investments of the compensation or interest;
4. (d)
  returns received on those investments.
Veterans’ Affairs Minister means the Minister administering the Veterans’ Entitlements Act 1986.
vocational assessment and rehabilitation has the meaning given by section 41.
warlike service has the meaning given by paragraph 6(1)(a).
wholly dependent partner of a deceased member means a person:
1. (a)
  who was the partner of the member immediately before his or her death; and
2. (b)
  who was wholly dependent on the member at that time.
Note: A partner who was living with a deceased member immediately before the member’s death is taken to have been wholly dependent on the partner (see section 17).
work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
(1A)
The Minister may, by legislative instrument, prescribe procedures or services for the purposes of paragraph (f) of the definition of alternative dispute resolution processes in subsection (1).
(2)
For the purposes of subparagraph (c)(i) of the definition of partner in subsection (1), section 11A of the Veterans’ Entitlements Act 1986 applies to the forming of the Commission’s opinion about whether a person and a member are in a de facto relationship.
(3)
For the purposes of subparagraph (c)(ii) of the definition of partner in subsection (1), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.

6Kinds of service to which this Act applies

(1)
In this Act:
1. (a)
  warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be warlike service for the purposes of this Act; and
2. (b)
  non‑warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be non‑warlike service for the purposes of this Act; and
3. (c)
  peacetime service means any other service with the Defence Force; and
4. (d)
  defence service means warlike service, non‑warlike service or peacetime service.
Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).
(2)
For the purposes of subsection (1), service with the Defence Force means:
1. (a)
  for a cadet—participation in the activities of the Australian Defence Force cadets; and
2. (b)
  for a declared member—engagement in, or performance of, activities or acts specified in the determination under section 8 that applies to the member.

7Reference to service injury sustained or service disease contracted includes reference to aggravation etc.

To avoid doubt, a reference to a service injury being sustained, or a service disease being contracted, at a particular time includes a reference to an injury or disease that is aggravated, or materially contributed to, by defence service at such a time.

7AClasses of members

For the purposes of paragraph (ba) of the definition of member in subsection 5(1), this section applies to the following:
(a)
a person who holds an honorary rank or appointment in the Defence Force and who performs acts at the request or direction of the Defence Force;
(b)
a person who performs acts at the request or direction of the Defence Force as an accredited representative of a registered charity (where the accreditation is by the Defence Force);
(c)
a person who is receiving assistance under the Career Transition Assistance Scheme established under a determination under section 58B of the Defence Act 1903 and who performs acts in connection with the scheme.

8Ministerial determinations that other people are members

(1)
The Defence Minister may make a written determination that a person, or a class of persons, who engage, or have engaged, in activities, or who perform, or have performed, acts:
1. (a)
  at the request or direction of the Defence Force; or
2. (b)
  for the benefit of the Defence Force; or
3. (c)
  in relation to the Defence Force, under a requirement made by or under a Commonwealth law;
are taken to be, or to have been, members for the purposes of this Act.
Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).
(2)
The determination must specify:
1. (a)
  the date (which may be retrospective) from which the determination applies; and
2. (b)
  the person, or class of persons, to whom the determination applies; and
3. (c)
  the activities or acts, or classes of activities or acts, to which the determination applies.
(3)
The date referred to in paragraph (2)(a) must be, or be after, the date on which this section commences.
(4)
A determination, or a variation or revocation of a determination, is a legislative instrument.

9Definition of duty for cadets and declared members

In this Act:
duty:
(a)
for a cadet—means participation in an activity mentioned in paragraph 6(2)(a); and
(b)
for a declared member—means engagement in or performance of an activity or act specified in the determination that applies to the member, as mentioned in paragraph 6(2)(b).
Note: Duty has its ordinary meaning for other kinds of members.

10Determinations for part‑time Reservists and cadets who are unlikely to return to defence service

Determination that part‑time Reservist unlikely to return to defence service
(1)
If a claim for compensation has been made under section 319 in respect of a part‑time Reservist, the Chief of the Defence Force may advise the Commission in writing if the Reservist is unlikely to be able to perform the duties of a part‑time Reservist in the future as a result of his or her incapacity.
Determination that cadet unlikely to return to defence service
(2)
If a claim for compensation has been made under section 319 in respect of a cadet, the commanding officer of the cadet’s unit may advise the Commission in writing if the cadet is unlikely to be able to perform the duties of a cadet in the future as a result of his or her incapacity.
Person taken to have ceased to be a member
(3)
If the Commission is given an advice in respect of a person under subsection (1) or (2), the person is taken to have ceased to be a member for the purposes of this Act.
Advice to specify the date
(4)
The advice must specify the date (which must not be retrospective) from which the person is taken to have ceased to be a member for the purposes of this Act.

11Ministerial determination of pay‑related allowances

(1)
The Defence Minister must make a written determination specifying which allowances that are paid under a determination made under section 58B or 58H of the Defence Act 1903 are pay‑related allowances for the purposes of this Act.
Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).
(2)
A determination, or a variation or revocation of a determination, is a legislative instrument.

12Deceased members whose dependants are entitled to benefits under this Act

Deceased member whose death was a service death
(1)
This section applies in respect of a deceased member if the Commission has accepted liability for the member’s death.
Note: A dependant of a deceased member in respect of whom this section applies might be entitled to compensation under Chapter 5 or 6.
Deceased members eligible for Special Rate Disability Pension
(2)
This section applies in respect of a deceased member if the member satisfied the eligibility criteria in section 199 (persons who are eligible for Special Rate Disability Pension) during some period of his or her life.
Deceased members with 80 impairment points
(3)
This section applies in respect of a deceased member if the Commission has determined under Part 2 of Chapter 4 that the impairment suffered by the deceased member before the member’s death, as a result of one or more service injuries or diseases, constituted 80 or more impairment points.

13Definition of treatment

(1)
In this Act:
treatment means treatment provided, or action taken, with a view to:
1. (a)
  restoring a person to physical or mental health or maintaining a person in physical or mental health; or
2. (b)
  alleviating a person’s suffering; or
3. (c)
  ensuring a person’s social well‑being.
(2)
For the purposes of subsection (1), treatment includes:
1. (a)
  providing accommodation in a hospital or other institution, or providing medical procedures, nursing care, social or domestic assistance or transport; and
2. (b)
  supplying, renewing, maintaining and repairing artificial replacements, medical aids and other aids and appliances; and
3. (c)
  providing diagnostic and counselling services;
for the purposes of, or in connection with, any treatment.

14Definition of Commonwealth superannuation scheme for a person who has chosen a Special Rate Disability Pension

For the purposes of paragraph (a) of the definition of Commonwealth superannuation scheme in section 5, the normal earnings of a person who has chosen a Special Rate Disability Pension would be worked out under Subdivision D of Division 4 or 8 of Part 4 of Chapter 4 if the amount worked out under that Subdivision is greater than the amount worked out under Subdivision C of Division 4 or 8 of Part 4 of Chapter 4.

15Definitions of dependant and related person

(1)
A dependant of a member means a related person of the member:
1. (a)
  who is wholly or partly dependent on the member; or
2. (b)
  who would be wholly or partly dependent on the member but for an incapacity of the member that resulted from an injury or disease or an aggravation of an injury or disease.
Note 1: Sections 17 and 18 set out some examples of when a person is wholly dependent on a member.
Note 2: This section also applies to former members (see section 20).
(2)
A related person of a member is:
1. (a)
  any of the following persons:
  1. (i)
    the member’s partner;
  2. (ii)
    a parent or step‑parent of the member;
  3. (iii)
    a parent or step‑parent of the member’s partner;
  4. (iv)
    a grandparent of the member;
  5. (v)
    a child or stepchild of the member;
  6. (vi)
    a child or stepchild of the member’s partner;
  7. (vii)
    a grandchild of the member;
  8. (viii)
    the member’s brother, sister, half‑brother or half‑sister; or
  Note: This paragraph is affected by section 16.
2. (b)
  a person in respect of whom the member stands in the position of a parent; or
3. (c)
  a person who stands in the position of a parent to the member.

16Certain relationships

(1)
For the purposes of paragraph 15(2)(a), if one person is the child of another person because of:
1. (a)
  adoption; or
2. (b)
  the definition of child in this Act;
relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(2)
For the purposes of paragraphs 215(f) and 218(g), the relatives of a person are taken to include the following (without limitation):
1. (a)
  a partner of the person;
2. (b)
  a stepchild or an adopted child of the person, or someone of whom the person is a stepchild or an adopted child;
3. (c)
  someone who is a child of the person, or someone of whom the person is a child, because of the definition of child in this Act;
4. (d)
  anyone else who would be a relative of the person if someone mentioned in paragraph (a), (b) or (c) is taken to be a relative of the person.

17When partners and eligible young persons are wholly dependent on a member

Partners
(1)
For the purposes of this Act, the partner of a member is taken to be wholly dependent on the member if:
(a)
the partner lives with the member; or
(b)
the Commission is of the opinion that the partner would be living with the member but for a temporary absence of the member or partner or but for an absence of the member or partner due to illness or infirmity.
Note: This subsection also applies to former members (see section 20).
Eligible young persons
(2)
For the purposes of this Act, an eligible young person is taken to be wholly dependent on a member if:
(a)
either:
(i)
the young person lives with the member; or
(ii)
the Commission is of the opinion that the young person would be living with the member but for a temporary absence of the member or young person or but for an absence of the member or young person due to illness or infirmity; or
(b)
the member is liable to provide child support under the Child Support (Assessment) Act 1989 for the young person.
Note: This subsection also applies to former members (see section 20).

18Child of a member born or adopted after the member’s death

(1)
For the purposes of this Act, a child of a deceased member who is born alive after the member’s death:
1. (a)
  is taken to have been wholly dependent on the member immediately before the member’s death; and
2. (b)
  is taken to have been an eligible young person immediately before the member’s death.
Note: A deceased member may be a member or former member at the time of his or her death (see the definition of deceased member in section 5).
(2)
For the purposes of this Act, if, before a deceased member’s death, a member begins adoption proceedings to adopt a child, and the proceedings are finalised after the member’s death, the child:
1. (a)
  is taken to have been wholly dependent on the member immediately before the member’s death; and
2. (b)
  is taken to have been an eligible young person immediately before the member’s death.
Note: A deceased member may be a member or former member at the time of his or her death (see the definition of deceased member in section 5).

19Ascertaining whether persons receiving family tax benefits etc. are dependent

For the purposes of ascertaining whether a person is or was dependent on a member, any amount of the following benefits must not be taken into account:
(a)
family tax benefit worked out under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate);
(b)
carer’s allowance under the Social Security Act 1991;
(c)
double orphan pension under the Social Security Act 1991.
Note: This section also applies to former members (see section 20).

20Some references to members include references to former members

For the purposes of the definition of partner in section 5, and for the purposes of sections 15, 17 and 19, a reference to a member includes a reference to a former member.

Chapter 2Accepting liability for service injuries, diseases and deathsPart 1Simplified outline of this Chapter21Simplified outline of this Chapter

A condition for most benefits under this Act is that the Commission has accepted liability for an injury, disease or death. The Commission accepts liability if there is some connection between the injury, disease or death and defence service.
The process for deciding whether to accept liability is as follows:
(a)
first, a person makes a claim under section 319 for acceptance of liability for an injury, disease or death (the rules for making claims are found in Chapter 7);
(b)
then, the Commission decides whether the injury, disease or death is a service injury, disease or death under Part 3;
(c)
then, the Commission decides whether it is prevented from accepting liability for the injury, disease or death because of an exclusion under Part 4 (for example, because the injury, disease or death resulted from a serious default or a wilful act).
The Commission must accept liability if the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply.
The effect of this Chapter in respect of cadets and declared members might be modified by the regulations (see section 439).

Part 2When the Commission must accept liability for service injuries, diseases and deaths22Simplified outline of this Part

The Commission accepts liability for an injury, disease or death under this Part.
The Commission must accept liability if a claim for acceptance of liability has been made under section 319, the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply.
There are 2 standards of proof that the Commission applies in deciding matters under this Chapter (and the rest of the Act).
The more beneficial standard of proof (in subsections 335(1) and (2)) applies to some claims that an injury, disease or death is a service injury, disease or death that relates to warlike or non‑warlike service. The other standard of proof (in subsection 335(3)) applies to all other decisions under this Chapter.
For some claims for acceptance of liability for an injury, disease or death the standard of proof can only be met if the injury or disease, or the cause of death, is covered by a Statement of Principles (see sections 338 and 339). (Chapter 7 has more rules about the Statements of Principles.)
A Statement of Principles is an instrument made under the Veterans’ Entitlements Act 1986. The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.
For other claims for acceptance of liability, the Statements of Principles are not relevant.

23Commission’s acceptance of liability for service injuries and diseases

When Commission must accept liability for service injuries and diseases
(1)
The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
the person’s injury or disease is a service injury or disease under section 27; and
(b)
the Commission is not prevented from accepting liability for the injury or disease by Part 4; and
(c)
a claim for acceptance of liability for the injury or disease has been made under section 319.
Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.
Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:
(a) claims that the injury or disease is a service injury or disease that relates to peacetime service;
(b) all claims when determining whether a person sustained a particular injury or contracted a particular disease;
(c) all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part 4.
When Commission must accept liability for service injuries and diseases arising from Commonwealth treatment
(2)
The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
the person’s injury or disease is a service injury or disease under section 29 (arising from treatment provided by the Commonwealth); and
(b)
a claim for acceptance of liability for the injury or disease has been made under section 319.
Note: The standard of proof mentioned in subsection 335(3) applies to all claims:
(a) that an injury or disease is a service injury or disease under section 29; and
(b) when determining whether a person sustained a particular injury or contracted a particular disease.
When Commission must accept liability for service injuries and diseases arising from aggravations of signs and symptoms
(3)
The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
the person’s injury or disease is a service injury or disease under section 30 (aggravations etc. of signs and symptoms); and
(b)
the Commission is not prevented from accepting liability for the injury or disease by Part 4; and
(c)
a claim for acceptance of liability for the injury or disease has been made under section 319.
Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.
Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:
(a) claims that an injury or disease is a service injury or disease that relates to peacetime service; and
(b) all claims when determining whether a sign or symptom was aggravated etc.; and
(c) all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part 4.
Acceptance of liability for aggravations etc. of injuries and diseases
(4)
A reference in this section to acceptance of liability for an injury or disease is taken to include a reference to acceptance of liability for an aggravation of an injury or disease.
Note: The definitions of injury and disease exclude aggravations (see section 5).

24Commission’s acceptance of liability for service deaths

When Commission must accept liability for service deaths
(1)
The Commission must accept liability for the death of a person if:
(a)
the person’s death is a service death under section 28; and
(b)
the Commission is not prevented from accepting liability for the death by subsection 34(4) or section 35 or 36; and
(c)
a claim for acceptance of liability for the death has been made under section 319.
Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the death is a service death that relates to warlike or non‑warlike service.
Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:
(a) claims that the death is a service death that relates to peacetime service;
(b) all claims when determining whether a person sustained or contracted a particular injury or disease;
(c) all claims when determining the cause of a person’s death;
(d) all claims when determining whether the Commission is prevented from accepting liability for the death by subsection 34(4) or section 35 or 36.
When Commission must accept liability for service deaths arising from Commonwealth treatment
(2)
The Commission must accept liability for the death of a person if:
(a)
the person’s death is a service death under section 29 (service death arising from treatment provided by the Commonwealth); and
(b)
a claim for acceptance of liability for the death has been made under section 319.
Note: The standard of proof mentioned in subsection 335(3) applies to all claims:
(a) that a death is a service death under section 29; and
(b) when determining the cause of a person’s death.
Commission must accept liability for deaths after being prevented from accepting liability for the injury or disease that resulted in the death
(3)
To avoid doubt, the Commission must accept liability for a service death even if the Commission was prevented by section 32 or 33 from accepting liability for a service injury or disease that resulted in the death.
Note: Sections 32 and 33 only prevent the Commission from accepting liability for a service injury or disease, and not a service death.

25Limited effect of acceptance of liability

The Commission’s acceptance of liability for an injury, disease or death only has effect for the purposes of this Act.
Note: This means that a person cannot rely on the Commission’s acceptance of liability for an injury, disease or death in a common law action against the Commonwealth.

Part 3Definitions of service injury, service disease and service death26Simplified outline of this Part

This Part defines service injury, service disease and service death.
An injury, disease or death is a service injury, disease or death if:
(a)
it is related to defence service in the ways mentioned in section 27 or 28; or
(b)
it resulted from certain treatment provided by the Commonwealth (see section 29); or
(c)
an aggravation of, or a material contribution to, a sign or symptom of the injury or disease relates to defence service (see section 30).
However, even if an injury, disease or death is a service injury or disease under this Part, the Commission might be prevented from accepting liability for the injury, disease or death by an exclusion under Part 4.

27Main definitions of service injury and service disease

For the purposes of this Act, an injury sustained, or a disease contracted, by a person is a service injury or a service disease if one or more of the following apply:
(a)
the injury or disease resulted from an occurrence that happened while the person was a member rendering defence service;
(b)
the injury or disease arose out of, or was attributable to, any defence service rendered by the person while a member;
(c)
in the opinion of the Commission:
(i)
the injury was sustained due to an accident that would not have occurred; or
(ii)
the disease would not have been contracted;
but for:
(iii)
the person having rendered defence service while a member; or
(iv)
changes in the person’s environment consequent upon his or her having rendered defence service while a member;
(d)
the injury or disease:
(i)
was sustained or contracted while the person was a member rendering defence service, but did not arise out of that service; or
(ii)
was sustained or contracted before the commencement of a period of defence service rendered by the person while a member, but not while the person was rendering defence service;
and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, any defence service rendered by the person while a member after he or she sustained the injury or contracted the disease;
Note: This paragraph might not cover aggravations of, or material contributions to, signs and symptoms of an injury or disease (see Repatriation Commission v Yates (1995) 38 Administrative Law Decisions 80). This is dealt with in section 30.
(e)
the injury or disease resulted from an accident that occurred while the person was travelling, while a member rendering peacetime service but otherwise than in the course of duty, on a journey:
(i)
to a place for the purpose of performing duty; or
(ii)
away from a place of duty upon having ceased to perform duty.

28Main definition of service death

Definition of service death
(1)
For the purposes of this Act, the death of a person is a service death if one or more of the following apply:
(a)
the death resulted from an occurrence that happened while the person was a member rendering defence service;
(b)
the death arose out of, or was attributable to, any defence service rendered by the person while a member;
(c)
in the opinion of the Commission, the death was due to:
(i)
an accident that would not have occurred; or
(ii)
a disease that would not have been contracted;
but for:
(iii)
the person having rendered defence service while a member; or
(iv)
changes in the person’s environment consequent upon his or her having rendered defence service while a member;
(d)
the injury or disease from which the person died:
(i)
was sustained or contracted while the person was a member rendering defence service, but did not arise out of that service; or
(ii)
was sustained or contracted before the commencement of a period of defence service rendered by the person while a member, but not while the person was rendering defence service;
and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, any defence service rendered by the person while a member after he or she sustained the injury or contracted the disease;
(e)
the injury or disease from which the person died is an injury or disease that has been determined under section 27, 29 or 30 to be a service injury or a service disease, as the case may be;
Note 1: The effect of this paragraph is that, if the person has died from an injury or disease that has already been determined by the Commission to be a service injury or disease, the death is a service death. Accordingly, the Commission is not required to relate the death to defence service rendered by the person and sections 338 and 339 do not apply.
Note 2: This paragraph does not apply to certain aggravations etc. of injuries and diseases (see subsection (2)).
(f)
the death resulted from an accident that occurred while the person was travelling, while a member rendering peacetime service but otherwise than in the course of duty, on a journey:
(i)
to a place for the purpose of performing duty; or
(ii)
away from a place of duty upon having ceased to perform duty.
Aggravations etc. that cease before death
(2)
Paragraph (1)(e) does not apply if:
(a)
the service injury or disease mentioned in that paragraph is an aggravated injury or disease; and
(b)
immediately before the death, the injury or disease was no longer aggravated or contributed to in a material degree.

29Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth

Liability for injuries and diseases caused by treatment
(1)
For the purposes of this Act, an injury (the relevant injury) sustained, or a disease (the relevant disease) contracted, by a person is a service injury or a service disease if:
(a)
all of the following apply:
(i)
the person receives treatment for an earlier service injury or service disease;
(ii)
the treatment is paid for or provided wholly or partly by the Commonwealth;
(iii)
as a consequence of that treatment, the person sustains the relevant injury or contracts the relevant disease; or
(b)
the person receives any treatment under regulations made under the Defence Act 1903 for an earlier injury or disease that is not a service injury or service disease and as an unintended consequence of that treatment, the person sustains the relevant injury or contracts the relevant disease.
Liability for injuries and diseases aggravated by treatment
(2)
For the purposes of this Act, an injury (the relevant injury) sustained, or a disease (the relevant disease) contracted, by a person is a service injury or a service disease if:
(a)
all of the following apply:
(i)
the person receives treatment for an earlier service injury or service disease;
(ii)
the treatment is paid for or provided wholly or partly by the Commonwealth;
(iii)
as a consequence of that treatment, the relevant injury or relevant disease, or a sign or symptom of the relevant injury or relevant disease, is aggravated by the treatment; or
(b)
the person receives any treatment under regulations made under the Defence Act 1903 for an earlier injury or disease that is not a service injury or service disease and, as an unintended consequence of that treatment, the relevant injury or relevant disease, or a sign or symptom of the relevant injury or relevant disease, is aggravated by the treatment.
Liability for deaths caused by treatment
(3)
For the purposes of this Act, the death of a person is a service death if:
(a)
either:
(i)
the person receives treatment under this Act for a service injury or disease and the treatment is paid for or provided wholly or partly by the Commonwealth; or
(ii)
the person receives any treatment under regulations made under the Defence Act 1903; and
(b)
as a consequence of that treatment, the person dies.

30Definitions of service injury and service disease for aggravations etc. of signs and symptoms

For the purposes of this Act, an injury sustained, or a disease contracted, by a person is a service injury or a service disease if:
(a)
the injury or disease:
(i)
was sustained or contracted while the person was a member rendering defence service, but did not arise out of that service; or
(ii)
was sustained or contracted before the commencement of a period of defence service rendered by the person while a member, but not while the person was rendering defence service; and
(b)
in the opinion of the Commission, a sign or symptom of the injury or disease was contributed to in a material degree by, or was aggravated by, any defence service rendered by the person while a member after he or she sustained the injury or contracted the disease.

Part 4When the Commission is prevented from accepting liability for service injuries, diseases and deaths31Simplified outline of this Part

Even if the Commission decides that an injury, disease or death is a service injury, disease or death, the Commission might be prevented from accepting liability for that injury, disease or death because of an exclusion under this Part.
There are 5 kinds of exclusions. They relate to the following:
(a)
serious defaults or wilful acts etc.;
(b)
reasonable counselling about a person’s performance as a member;
(c)
false representations;
(d)
travel during peacetime service;
(e)
the use of tobacco products.
The Commission applies the standard of proof mentioned in subsection 335(3) in deciding whether the exclusions apply.

32Exclusions relating to serious defaults or wilful acts etc.

Exclusion of injuries or diseases resulting from serious default or wilful acts etc.
(1)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
the injury or disease resulted from the person’s serious default or wilful act while a member; or
(b)
the injury or disease arose from:
(i)
a serious breach of discipline committed by the person while a member; or
(ii)
an occurrence that happened while the person was committing a serious breach of discipline while a member; or
(c)
the injury or disease was intentionally self‑inflicted while the person was a member;
except if the injury or disease results in serious and permanent impairment.
(2)
For the purpose of paragraph (1)(a), an injury or disease is taken to have resulted from a person’s serious default or wilful act if:
(a)
the person consumed alcohol or took a drug (other than a drug administered by a person legally authorised to administer the drug or a drug legally obtained and taken in accordance with the directions provided with the drug); and
(b)
the injury or disease resulted from being under the influence of the alcohol or drug.
This subsection does not otherwise limit paragraph (1)(a).
Exclusion of aggravations etc. resulting from serious default etc.
(3)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
the injury or disease has been contributed to in a material degree, or aggravated, by defence service; and
(b)
the material contribution or aggravation:
(i)
resulted from the serious default or wilful act of the person while a member; or
(ii)
arose from a serious breach of discipline committed by the person while a member; or
(iii)
arose from an occurrence that happened while the person was committing a serious breach of discipline while a member; or
(iv)
was intentionally self‑inflicted while the person was a member;

except if the aggravation or material contribution results in serious and permanent impairment.
Exclusion of aggravations etc. of signs or symptoms resulting from serious default etc.
(4)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if:
(a)
a sign or symptom of the injury or disease has been contributed to in a material degree, or aggravated, by defence service; and
(b)
the material contribution or aggravation:
(i)
resulted from the serious default or wilful act of the person while a member; or
(ii)
arose from a serious breach of discipline committed by the person while a member; or
(iii)
arose from an occurrence that happened while the person was committing a serious breach of discipline while a member; or
(iv)
was intentionally self‑inflicted while the person was a member;
except if the aggravation or material contribution results in serious and permanent impairment.
(5)
For the purpose of subparagraph (3)(b)(i) or (4)(b)(i), a material contribution or aggravation is taken to have resulted from a person’s serious default or wilful act if:
(a)
the person consumed alcohol or took a drug (other than a drug administered by a person legally authorised to administer the drug or a drug legally obtained and taken in accordance with the directions provided with the drug); and
(b)
the material contribution or aggravation results from being under the influence of the alcohol or drug.
This subsection does not otherwise limit subparagraph (3)(b)(i) or (4)(b)(i).

33Exclusions relating to reasonable counselling about performance etc.

Injuries or diseases resulting from reasonable counselling about performance etc.
(1)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person if the injury or disease resulted from:
(a)
reasonable and appropriate counselling in relation to the person’s performance as a member; or
(b)
a failure to obtain a promotion, transfer or benefit in relation to the person’s service as a member.
Aggravations etc. of injuries or diseases resulting from reasonable counselling about performance etc.
(2)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a member if:
(a)
the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
(b)
the material contribution or aggravation resulted from:
(i)
reasonable and appropriate counselling in relation to the person’s performance as a member; or
(ii)
a failure to obtain a promotion, transfer or benefit in relation to the person’s service as a member.
Aggravations etc. of signs and symptoms of injuries or diseases resulting from reasonable counselling about performance etc.
(3)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a member if:
(a)
a sign or symptom of the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
(b)
the material contribution or aggravation resulted from:
(i)
reasonable and appropriate counselling in relation to the person’s performance as a member; or
(ii)
a failure to obtain a promotion, transfer or benefit in relation to the person’s service as a member.

34Exclusions of injuries, diseases and deaths relating to certain false representations

Injuries or diseases
(1)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Aggravations etc. of injuries or diseases
(2)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if:
(a)
the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
(b)
the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Aggravations etc. of signs and symptoms of injuries or diseases
(3)
The Commission must not accept liability for an injury sustained, or a disease contracted, by a person, if:
(a)
a sign or symptom of the injury or disease was contributed to in a material degree, or aggravated, by defence service; and
(b)
the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from that injury or disease.
Deaths
(4)
The Commission must not accept liability for the death of a person if the person made a wilful and false representation, in connection with his or her defence service or proposed defence service, that he or she did not suffer, or had not previously suffered, from the injury or disease that resulted in his or her death.

35Exclusions relating to travel

Commission not to accept liability for injuries etc. resulting from certain peacetime accidents
(1)
This section only applies in respect of an injury, disease or death of a person that relates to peacetime service rendered by the person as a member.
Note: This section applies if the injury, disease or death is a service injury, disease or death because of the application of any of sections 27, 28 and 30 (not only paragraphs 27(e) and 28(1)(f)).
(2)
The Commission must not accept liability for:
(a)
an injury sustained, or a disease contracted, by a person, or the death of a person; or
(b)
an injury or a disease that has been aggravated, or materially contributed to; or
(c)
an injury or disease, a sign or symptom of which has been aggravated, or materially contributed to;
if the injury, disease, death, aggravation or material contribution resulted from the kinds of accidents mentioned in subsection (3), (4) or (5).
Substantial delay commencing journey
(3)
The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a journey from the person’s place of duty if the person delayed commencing the journey for a substantial time after he or she ceased to perform duty at that place, unless:
(a)
the delay was for a reason connected with the performance of the person’s duties; or
(b)
in the circumstances of the particular case:
(i)
the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii)
the extent of that risk was not substantially increased;
by that delay or by anything that happened during that delay.
Routes that are not reasonably direct
(4)
The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a journey, or a part of a journey, by a route that was not reasonably direct having regard to the means of transport used, unless:
(a)
the journey, or that part of the journey, was made by that route for a reason connected with the performance of the person’s duties; or
(b)
in the circumstances of the particular case:
(i)
the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii)
the extent of that risk was not substantially increased;
by reason that the journey, or that part of the journey, was made by that route.
Substantial interruptions to journeys
(5)
The Commission must not accept liability if the injury, disease, death, aggravation or material contribution resulted from an accident that occurred while the person was a member travelling on a part of a journey made after a substantial interruption of the journey, unless:
(a)
the interruption was made for a reason connected with the performance of the person’s duties; or
(b)
in the circumstances of the particular case:
(i)
the nature of the risk of the injury, disease, death, aggravation or material contribution occurring was not substantially changed; and
(ii)
the extent of that risk was not substantially increased;
by reason of that interruption.

36Exclusion relating to use of tobacco products

The Commission must not accept liability for:
(a)
an injury sustained, or a disease contracted, by a person, or the death of a person; or
(b)
an injury or a disease that has been aggravated, or materially contributed to; or
(c)
an injury or disease, a sign or symptom of which has been aggravated, or materially contributed to;
if the injury, disease, death, aggravation or material contribution is related to defence service only because of the person’s use of tobacco products.

Chapter 3RehabilitationPart 1General provisionsDivision 1Simplified outline of this Chapter37Simplified outline of this Chapter

This Chapter provides for the following for certain current and former members suffering a service injury or disease:
(a)
rehabilitation programs;
(b)
assistance in finding suitable defence or civilian work;
(c)
assistance in moving from defence service to civilian life.
This Chapter also provides for rehabilitation programs for certain current and former members who:
(a)
have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined; or
(b)
have not made such a claim and who need not have a service injury or disease.
The capacity for rehabilitation of a person with a service injury or disease is assessed under Part 2. If the person is capable of rehabilitation, he or she may be required to undertake a rehabilitation program under that Part.
Part 2 also provides for rehabilitation for certain persons who have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined.
Part 2A provides for a non‑liability rehabilitation pilot for certain members or former members who have not made such a claim and who need not have a service injury or disease.
Under Part 3, a person who is undertaking a rehabilitation program, or a person who cannot undertake a program, can have his or her home or place of work etc. altered or an aid or appliance provided.
All members and former members who are incapacitated for service or work are assisted in finding suitable work under Part 4.
A case manager is appointed under Part 5 to assist a Permanent Forces member, a continuous full‑time Reservist or a part‑time Reservist move to civilian life if the person is likely to be discharged from the Defence Force.

Division 2Aim of rehabilitation38Aim of rehabilitation

The aim of rehabilitation is to maximise the potential to restore a person who has an impairment, or an incapacity for service or work, as a result of an injury or disease to at least the same physical and psychological state, and at least the same social, vocational and educational status, as he or she had before the injury or disease.

Division 3Definitions39Definition of rehabilitation authority

(1)
The Chief of the Defence Force is a rehabilitation authority for the purposes of this Chapter.
(2)
The Commission is a rehabilitation authority for the purposes of this Chapter.
(3)
The rehabilitation authority for a person at a time is:
1. (a)
  subject to paragraph (aa), the Chief of the Defence Force for a time when the person:
  1. (i)
    is a Permanent Forces member, a continuous full‑time Reservist or a part‑time Reservist; and
  2. (ii)
    has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or
2. (aa)
  if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time—the Commission for that time; or
3. (b)
  the Commission for any other time.
(4)
A determination made under paragraph (3)(aa) is not a legislative instrument.

40Rule if rehabilitation authority for a person changes

(1)
This section applies if a person’s rehabilitation authority (the original rehabilitation authority) changes to another rehabilitation authority (the new rehabilitation authority) because of section 39.
(2)
If:
1. (a)
  under subsection 44(2), the person requests the original rehabilitation authority to carry out an assessment of the person’s capacity for rehabilitation; and
2. (b)
  the rehabilitation authority changes before the assessment begins;
the person’s request is taken to have been made to the new rehabilitation authority.
(3)
A determination of the original rehabilitation authority that is in force immediately before the rehabilitation authority changes has effect as a determination of the new rehabilitation authority. The new rehabilitation authority is responsible for giving effect to the determination.

41Other definitions

(1)
In this Chapter:
approved program provider means:
1. (a)
  a person or body that is an approved program provider for the purposes of the Safety, Rehabilitation and Compensation Act 1988; or
2. (b)
  a person nominated in writing by a rehabilitation authority, being a person the rehabilitation authority is satisfied has appropriate skills and expertise to design and provide rehabilitation programs.
approved rehabilitation program means a rehabilitation program determined under section 51 for a person by the person’s rehabilitation authority.
rehabilitation programmeans a program that consists of or includes any one or more of the following:
1. (a)
  medical, dental, psychiatric and hospital services (whether on an in‑patient or out‑patient basis);
2. (b)
  physical training and exercise;
3. (c)
  physiotherapy;
4. (d)
  occupational therapy;
5. (e)
  vocational assessment and rehabilitation;
6. (f)
  counselling;
7. (g)
  psycho‑social training.
vocational assessment and rehabilitation consists of or includes any one or more of the following:
1. (a)
  assessment of transferable skills;
2. (b)
  functional capacity assessment;
3. (c)
  workplace assessment;
4. (d)
  vocational counselling and training;
5. (e)
  review of medical factors;
6. (f)
  training in resume preparation, job‑seeker skills and job placement;
7. (g)
  provision of workplace aids and equipment.

Part 2—Rehabilitation programsgeneralDivision 1Application of Part42Simplified outline of this Part

This Part applies to a person who is incapacitated for service or work, or who is impaired, as a result of a service injury or disease.
Most decisions under this Part are made by the person’s rehabilitation authority. The rehabilitation authority is either the Chief of the Defence Force or the Commission.
The rehabilitation authority, either on its own initiative or on the person’s request, carries out an initial assessment of the person’s capacity for rehabilitation. The person might be required to undergo an examination (paid for by the Commonwealth) as part of the assessment. (Compensation can be paid for costs incurred in travelling to the examination.)
Once the assessment is done, the rehabilitation authority decides if the person should undertake a rehabilitation program (provided by an approved program provider). In certain cases, the rehabilitation authority can stop or vary the program once it has begun.
A person’s right to compensation can be suspended if the person fails to undergo an examination or fails to undertake the program as required.
This Part also provides for rehabilitation for certain persons who have made a claim for acceptance of liability by the Commission for a service injury or disease, where the claim has not been determined.

43Persons to whom this Part applies

Commission has accepted liability for service injury or disease
(1)
This Part applies to a person at a time if, at that time:
(a)
the person is incapacitated for service or work, or has an impairment, as a result of a service injury or disease; and
(b)
the Commission has accepted liability for the injury or disease.
(2)
To avoid doubt, this Part applies to a person who is incapacitated or impaired as a result of an aggravated injury or disease even if the incapacity or impairment resulted from the original injury or disease and not from the aggravation or material contribution.
Claim for acceptance of liability for service injury or disease not determined
(3)
This Part also applies to a person if:
(a)
the person has made a claim of a kind referred to in paragraph 319(1)(a); and
(b)
the Commission has not determined the claim; and
(c)
the person is included in a class of persons determined in an instrument under subsection (4); and
(d)
the Commission has determined, in writing, that this Part applies to the person.
(4)
The Commission may, by legislative instrument, determine a class of persons for the purposes of paragraph (3)(c).
(5)
A determination under paragraph (3)(d) is not a legislative instrument.

Division 2Assessment of a person’s capacity for rehabilitation44When an assessment may or must be carried out

Assessments on rehabilitation authority’s initiative
(1)
The rehabilitation authority for a person to whom this Part applies may, on its own initiative, carry out an initial assessment or a further assessment of the person’s capacity for rehabilitation.
Requests for assessments
(2)
A person to whom this Part applies may request his or her rehabilitation authority to carry out an initial assessment or a further assessment of his or her capacity for rehabilitation.
(3)
The rehabilitation authority:
(a)
must carry out an initial assessment; and
(b)
may carry out a further assessment;
if the person requests the rehabilitation authority to do so.
Requirement to carry out assessment before ceasing or varying a program
(4)
The rehabilitation authority must carry out an assessment before ceasing or varying a rehabilitation program under section 53.

45What may be done as part of an assessment

(1)
This section applies if the person’s rehabilitation authority carries out an assessment under section 44 of the person’s capacity for rehabilitation.
(2)
The rehabilitation authority may seek the assistance of a person the authority is satisfied has suitable qualifications or expertise to provide assistance.
(3)
The rehabilitation authority may take into account any relevant information of which it is aware.
(4)
The rehabilitation authority may require the person to undergo an examination under section 46.

46Requirements for examinations

(1)
This section applies if the person’s rehabilitation authority requires the person to undergo an examination.
(2)
The examination is to be carried out by an examiner nominated by the rehabilitation authority whom the authority is satisfied has suitable qualifications or expertise to carry out the examination.
(3)
The examiner must give a written report of the examination to the rehabilitation authority. The report must include:
1. (a)
  an assessment of the person’s capacity for rehabilitation; and
2. (b)
  if the person has a capacity for rehabilitation—the kinds of rehabilitation from which the person would benefit; and
3. (c)
  any other information relating to the provision of a rehabilitation program for the person that the rehabilitation authority requires.
(4)
The Commonwealth is liable to pay the cost of conducting the examination.

47Compensation for journey and accommodation costs

The Commonwealth is liable to pay compensation for any costs reasonably incurred if:
(a)
the costs are incurred:
(i)
in making a necessary journey in connection with the examination; or
(ii)
in remaining, for the purpose of the examination, at a place to which the person has made a journey for that purpose; and
(b)
a claim for compensation in respect of the person has been made under section 319.
Note: This section might be affected by section 50 or 52 (failure to undergo examination or rehabilitation program).

48Amount of compensation for journey and accommodation costs

(1)
The amount of compensation that the Commonwealth is liable to pay under section 47 is the amount determined by the rehabilitation authority to be the amount reasonably incurred in making the journey or remaining at the place.
(2)
In determining the amount, the rehabilitation authority must have regard to:

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Chapter 8

Part 1

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am No 99, 2013; No 55, 2016; No 38, 2024

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am No 99, 2013; No 104, 2014; No 5, 2015; No 102, 2016; No 17, 2018; No 122, 2019; No 17, 2025 (Sch 2 items 72, 73, 148; Sch 3 item 110, 111)

s 345A.......................................

ad No 141, 2011

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ad No 40, 2022

am No 17, 2025 (Sch 3 item 112)

Part 2

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am No 99, 2013; No 55, 2016

Part 3

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am No 99, 2013

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ad No 104, 2014

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am No 99, 2013; No 55, 2016

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Part 4

Part 4.........................................

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Division 1

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Division 2

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am No 29, 2007; No 99, 2013; No 74, 2014; No 128, 2017

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Division 5

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rep No 74, 2014

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Division 6

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Division 7

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Part 5

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am No 99, 2013; No 55, 2016; No 38, 2024; No 17, 2025

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am No 38, 2005; No 99, 2013; No 60, 2015; No 3, 2022; No 38, 2024

s 355A

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Chapter 8A

Chapter 8A.................................

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Part 2

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Chapter 9

Chapter 9...................................

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Part 4

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Part 5

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Part 7

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Chapter 9A

Chapter 9A.................................

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Chapter 9B

Chapter 9B.................................

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Chapter 10

Part 1

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Part 3

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Division 2

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Division 3

Division 3 heading......................

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Division 4

s 403..........................................

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Chapter 11

Part 1

s. 404.........................................

am. No. 54, 2007; No 141, 2011; No 99, 2013; No 122, 2014: No 145, 2015; No 17, 2018

s 404A.......................................

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Part 2

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ad No 120, 2010

am No 99, 2013

s 409..........................................

am No 197, 2012; No 99, 2013; No 128, 2017; No 121, 2019; No 34, 2022; No 103, 2023; No 17, 2025; No 45, 2025

s 409A.......................................

ad No 17, 2025

s 410..........................................

am No 17, 2025

s 411..........................................

am No 17, 2025

s 411A.......................................

ad No 17, 2025

s 411B.......................................

ad No 17, 2025

Part 3

Division 1

s 415..........................................

am No 141, 2011; No 128, 2017; No 40, 2022; No 17, 2025

Division 2

Division 2 heading......................

rs No 102, 2016

s 416..........................................

am No 17, 2025

s 417..........................................

am No 120, 2010; No 99, 2013; No 102, 2016

s 418..........................................

am No 102, 2016

s 419..........................................

am No 102, 2016

s 420..........................................

am No 120, 2010; No 99, 2013; No 102, 2016

s 421..........................................

am No 102, 2016

Part 4

s 423..........................................

am No 29, 2007; No 99, 2013; No 108, 2017; No 128, 2017; No 17, 2018; No 108, 2020; No 17, 2025 (Sch 1 item 28, 200)

Part 5

s 424..........................................

am No 5, 2014; No 17, 2025

Part 5A

Part 5A......................................

ad No 141, 2011

Division 1..................................

rep No 128, 2017

s 424A.......................................

ad No 141, 2011

am No 98, 2012

rep No 128, 2017

s 424B.......................................

ad No 141, 2011

am No 98, 2012

rep No 128, 2017

s 424C.......................................

ad No 141, 2011

am No 98, 2012

rep No 128, 2017

s 424D.......................................

ad No 141, 2011

rep No 128, 2017

Division 2..................................

rep No 128, 2017

s 424E........................................

ad No 141, 2011

rep No 128, 2017

s 424F........................................

ad No 141, 2011

rep No 128, 2017

s 424G.......................................

ad No 141, 2011

rep No 128, 2017

Division 3..................................

rep No 128, 2017

s 424H.......................................

ad No 141, 2011

rep No 128, 2017

Division 4..................................

rep No 128, 2017

s 424J........................................

ad No 141, 2011

rep No 128, 2017

Division 5..................................

rep No 128, 2017

s 424K.......................................

ad No 141, 2011

rep No 128, 2017

Division 6

s 424L........................................

ad No 141, 2011

am No 17, 2025

Part 5B

Part 5B.......................................

ad No 17, 2025

s 424M.......................................

ad No 17, 2025

Part 6

s 427A.......................................

ad No 17, 2025

s 427B.......................................

ad No 17, 2025

s 428..........................................

am No 17, 2025

s 429..........................................

am No 17, 2025

s 430..........................................

am No 80, 2009; No 120, 2010; No 141, 2011; No 99, 2013; No 122, 2014; No 17, 2025

s 430A.......................................

ad No 99, 2013

am No 17, 2025

s 431..........................................

am No 5, 2014

s 432..........................................

rs No 17, 2025

s 433..........................................

am No 144, 2008; No 17, 2025

s 434..........................................

am No 17, 2025

s 435..........................................

am No 17, 2025

s 437A.......................................

ad No 128, 2017

am No 17, 2025 (Sch 4 item 40)

s 438..........................................

rs No 99, 2013; No 164, 2015

am No 17, 2025

Chapter 12

Chapter 12..................................

ad No 17, 2025

Part 1

s 441..........................................

ad No 17, 2025

s 442..........................................

ad No 17, 2025

Part 2

s 443..........................................

ad No 17, 2025

Part 3

Division 1

s 444..........................................

ad No 17, 2025

s 445..........................................

ad No 17, 2025

s 446..........................................

ad No 17, 2025

s 447..........................................

ad No 17, 2025

s 448..........................................

ad No 17, 2025

s 449..........................................

ad No 17, 2025

s 450..........................................

ad No 17, 2025

Division 2

s 451..........................................

ad No 17, 2025