Military Rehabilitation and Compensation (Family Support) Instrument 2018 (Cth)
Military Rehabilitation and Compensation Commission
Military Rehabilitation and Compensation (Family Support) Instrument 2018
Instrument 2018 No. MRCC39
| The Military Rehabilitation and Compensation Commission, under section 268B of the Military Rehabilitation and Compensation Act 2004, makes the following instrument. Dated this 5th day of April 2018 The Seal of the ) was affixed hereto in the ) presence of: ) Simon Lewis C Orme M A Kelly SIMON LEWIS CRAIG ORME MAJOR GENERAL MARK KELLY B S Wolski Jennifer Taylor MEMBER MEMBER |
Part 1 — Preliminary
1 Name
This instrument is the Military Rehabilitation and Compensation (Family Support) Instrument 2018.
2 Commencement
This instrument commences, or is taken to have commenced, on 1 May 2018.
3 Authority
This instrument is made under section 268B of the Military Rehabilitation and Compensation Act 2004.
4 Purpose
The purpose of this instrument is to make provision for the Commission to grant child care services, counselling and household services to eligible persons (see sections 8 and 14).
5 Definitions
In this instrument:
Act means the Military Rehabilitation and Compensation Act 2004.
child care provider means a person approved (however described) to provide child care services by the Secretary of the Commonwealth Department responsible for education.
counselling means any form of brief intervention counselling, including, but not limited to, mental health counselling, financial counselling, life skills counselling, counselling to provide mental health first aid and counselling focusing on caring for veterans with specific disabilities.
counselling provider means a person accredited (however described) to provide counselling by the professional body of which the person is a member.
household services means any service conducted within or around the principal place of residence of the partner of a deceased member or former member to assist with the proper functioning or maintenance of the environment of the residence that will assist the partner to adjust to life after the member’s or former member’s death, including, but not limited to, home cleaning, gardening services and home maintenance services.
household services provider means a person with an Australian Business Number and public liability insurance who is in the business of providing household services.
nominated person – see section 9.
partner of a deceased member or former member means the person who was the partner of the member or former member at the time of his or her death.
primary school age for a child means any of the ages at which the child in the State or Territory in which the child lives would usually attend a primary school.
related person of a former member has the same meaning as in section 15 of the Act as if a reference in that section to a member were a reference to a former member.
school age for a child means the age at which the child is required by a law of the State or Territory in which the child lives to attend school.
Note: The following terms used in this instrument are defined in the Act:
approved rehabilitation program (s41)
child (s5(1))
Commission (s5(1))
former member (s5(1))
member (s5(1))
partner (s5(1))
related person (s15)
service death (s5(1))
warlike service (s6(1)(a))
6 Requirement for warlike service
Assistance or benefits are not to be granted under this instrument unless the member, former member or deceased member rendered warlike service on or after 1 July 2004 in accordance with subsection 268B(2) of the Act.
Part 2 — Assistance or benefits to members, former members and nominated persons
7 Application of Part
This Part applies to:
(a) a member or former member; and
(b) a nominated person of the member or former member.
8 Persons eligible for assistance or benefits under this Part
The Commission may grant assistance or benefits under this Part to a member or former member, or a nominated person of the member or former member, if the Commission is satisfied that:
(a) the member or former member has rendered warlike service on or after 1 July 2004; and
(b) the member or former member has an approved rehabilitation program; and
(c) the member or former member, or the nominated person of the member or former member, is in need of the assistance or benefits.
9 Nominated persons
A member or former member may list one or more of his or her related persons in the member’s or former member’s approved rehabilitation program for the purpose of being granted assistance or benefits under this Part.
Note: subsection 15(2) of the Act provides that a related person of a member is:
· the member’s partner,
· a parent or step-parent of the member,
· a parent or step-parent of the member’s partner,
· a grandparent of the member,
· a child or stepchild of the member,
· a child or stepchild of the member’s partner,
· a grandchild of the member,
· the member’s brother, sister, half-brother or half-sister,
· a person in respect of whom the member stands in the position of a parent; or
· a person who stands in the position of a parent to the member.
The definition of related persons is purposefully broad to reflect the different family structures accepted as family in contemporary Australian society.
10 Kinds of assistance or benefits
Child care services or counselling, or both, may be granted to a person eligible under section 8.
11 Child care services
(1) A member or former member, or a nominated person of the member or former member, may be provided with child care services for a child of the member or former member.
(2) If a child is under school age, the amount for child care services payable in relation to the child is not to exceed $10,000 per calendar year.
(3) If a child is of primary school age, the amount for child care services payable in relation to the child is not to exceed $5,000 per calendar year.
(4) A child care service is to be provided by a child care provider and any amount for child care services is to be paid to the child care provider.
(5) To avoid doubt, an amount for child care services is not payable to the member or former member, or a nominated person of the member or former member.
12Counselling
A member or former member, or a nominated person of the member or former member, may be provided with counselling.
The family group of a person (see subsection (6)) may be provided with up to 4 counselling sessions per year during the 5 year period starting on the date of the first counselling session.
A counselling session may be provided to an individual member of a family group, or to more than one member or all members of the family group.
Counselling is to be provided by a counselling provider and any amount for counselling is to be paid to the counselling provider.
To avoid doubt, an amount for counselling is not payable to the member or former member, or a nominated person of the member or former member.
In this section, “family group”, in relation to a member or former member, means the group consisting of the member or former member and any nominated persons of the member or former member.
Part 3 — Assistance or benefits to partners of deceased members or former members
13 Application of Part
This Part applies to the partner of a deceased member or former member.
14 Persons eligible for assistance or benefits
The Commission may grant assistance or benefits to a person if the Commission is satisfied that:
(a) the person was the partner of a member or former member at the time of the member’s or former member’s death; and
(b) the member or former member rendered warlike service on or after 1 July 2004; and
(c) the member’s or former member’s death:
(i)was death by suicide and the death was related to his or her service; or
(ii)in any other case—was a service death.
15 Kinds of assistance or benefits
Any or all of the following kinds of assistance or benefits may be granted to a person eligible under section 14:
(a) child care services;
(b) counselling;
(c) household services.
16 Child care services
The partner of a deceased member or former member may be provided with child care services for a child of the deceased member or former member.
If a child is under school age, the amount for child care services payable in relation to the child is not exceed $10,000 per calendar year.
If a child is of primary school age, the amount for child care services payable in relation to the child is not exceed $5,000 per calendar year.
A child care service is to be provided by a child care provider and any amount for child care services is to be paid to the child care provider.
To avoid doubt, an amount for child care services is not payable to the partner of a deceased member or former member.
17 Household services
The amount for household services payable in relation to the partner of a deceased member or former member is not to exceed $482.50 per week.
Household services for the partner of a deceased member or former member cease to be available on and after the second anniversary of the member’s or former member’s death.
Household services are to be provided by a household services provider chosen by the partner of a deceased member or former member and any amount for household services is to be paid to the household services provider.
To avoid doubt, an amount for household services is not payable to the partner of a deceased member or former member.
The amount of $482.50 per week is to be indexed in accordance with section 404 of the Act as if a reference to subsection 17(1) of this instrument were included in subsection 404(1) of the Act.
18 Counselling
The partner of a deceased member or former member may be provided with up to 4 counselling sessions per calendar year.
Counselling for the partner of a deceased member or former member ceases to be available on and after the second anniversary of the member’s or former member’s death.
Counselling is to be provided by a counselling provider and any amount for counselling is to be paid to the counselling provider.
To avoid doubt, an amount for counselling is not payable to the partner of a deceased member or former member.
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