Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
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.
For more information about any editorial changes made in this compilation, see the endnotes.
The
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.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This Act may be cited as the
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 .
(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.
The whole of this Act | 12 October 2017. | 12 October 2017 |
Note 1: 12 October 2017 was 28 days after the
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 received the Royal Assent (see section 2 of and Schedule 1 to that Act).Note 2: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act extends to all places outside Australia, including the external Territories.
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the MRCC may, or must, under this Act or a legislative instrument made for the purposes of this Act:
(a) make a decision or determination; or
(b) exercise any power or comply with any obligation; or
(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:
(a) a decision or determination that a disease suffered by an employee was not contributed to, to a significant degree, by the employee’s employment by the Commonwealth or a licensee;
(b) a decision or determination that an injury (other than a disease) to an employee did not arise out of, or in the course of, his or her employment;
(c) a decision or determination that an aggravation of an injury (other than a disease) suffered by an employee is not an aggravation that arose out of, or in the course of, his or her employment.
(2) For the purposes of this Act or the legislative instrument, the MRCC is taken to have:
(a) made a decision or determination; or
(b) exercised a power or complied with an obligation; or
(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 MRCC 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 MRCC is taken to have made under paragraph (2)(a) if the MRCC is satisfied that the decision or determination made by the operation of the computer program is incorrect.
Note: For review of a decision or determination made in substitution, see section 62 (reconsideration and review of determinations etc.).
(4) Subsection (3) does not limit section 62 (reconsideration and review of determinations etc.).
(1) In this Act, unless the contrary intention appears:
action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee:(a) that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and
(b) that follows an election made by the first‑mentioned employee under subsection 45(1).
aggravation includes acceleration or recurrence.ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development).approved Guide means:(a) the document, prepared by the MRCC in accordance with section 28 under the title “Guide to the Assessment of the Degree of Permanent Impairment”, that has been approved by the Minister and is for the time being in force; and
(b) if an instrument varying the document has been approved by the Minister—that document as so varied.
approved program provider has the same meaning as in section 41 of the MRCA.attendant care services , in relation to an employee, means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee.Board has the same meaning as in the MRCA.catastrophic injury means an injury, where the conditions specified in the legislative rules are satisfied.child : without limiting who is a child of a person for the purposes of this Act, someone is thechild of a person if he or she is a child of the person within the meaning of theFamily Law Act 1975 .claim means a claim under Part V.claimant , in relation to a time after the death of a claimant, has the meaning given in subsection (11).Comcare means the body corporate established by section 68 of the SRC Act.Commonwealth authority means:(a) a body corporate that is incorporated for a public purpose by a law of the Commonwealth, other than a body declared by the Minister, by legislative instrument, to be a body corporate to which this Act does not apply; or
(b) a body corporate that is incorporated for a public purpose by a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory) and is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or
(c) a body corporate:
(i) that is incorporated under a law of the Commonwealth or a law in force in a State or Territory;
(ii) in which:
(A) the Commonwealth has a controlling or substantial interest; or
(B) a Territory (other than the Australian Capital Territory or the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and
(iii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or
(d) a body corporate:
(i) in which a body corporate declared under paragraph (c) has a controlling interest; and
(ii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies.
compensation leave means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22.controlling interest , in relation to a body corporate, means an interest in the body corporate that enables the person holding the interest to:(a) control the composition of the board of directors of the body corporate; or
(b) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or
(c) control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital).
CTPA means theMilitary Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .damages includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings.de facto partner of a person has the meaning given by theActs Interpretation Act 1901 .Defence Department has the meaning given by the MRCA.dependant , in relation to a deceased employee, means:(a) the spouse, parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the employee; or
(b) a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee;
being a person who was wholly or partly dependent on the employee at the date of the employee’s death.
Note: See also subsection 4(2).
dependent means dependent for economic support.disease has the meaning given by section 5B.employee has the meaning given in section 5.Entity means:(a) an Agency, within the meaning of the
Public Service Act 1999 , that is not a Commonwealth authority; or(b) a Parliamentary Department within the meaning of the
Parliamentary Service Act 1999 ; or(c) a person, body, organisation or group of persons prescribed for this paragraph.
household services , in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the employee’s household.impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.injury has the meaning given by section 5A.legislative rules means rules made under section 122A.loss , in relation to property used by an employee, includes the destruction of that property.medical treatment means:(a) medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or
(b) therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or
(c) dental treatment by, or under the supervision of, a legally qualified dentist; or
(d) therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered under the law of a State or Territory providing for the registration of physiotherapists, osteopaths, masseurs or chiropractors, as the case may be; or
(e) an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or dentist and the provision of a report in respect of such an examination, test or analysis; or
(f) the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or
(g) treatment and maintenance as a patient at a hospital; or
(h) nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or
(i) any other form of treatment that is prescribed for the purposes of this definition.
MRCA means theMilitary Rehabilitation and Compensation Act 2004 .MRCA commencement date means the date on which section 3 of the MRCA commences.MRCC means the Military Rehabilitation and Compensation Commission.non‑economic loss , in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non‑economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware.normal weekly earnings means the normal weekly earnings of an employee calculated under section 8.normal weekly hours , in relation to an employee, means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2).overtime includes:(a) any duty on shifts or on Saturdays, Sundays or other holidays; and
(b) excess travelling time.
parent : without limiting who is a parent of a person for the purposes of this Act, someone is theparent of a person if the person is his or her child because of the definition ofchild in this section.pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of theSocial Security Act 1991 .permanent means likely to continue indefinitely.place of residence , in relation to an employee, means:(a) the place where the employee normally resides;
(b) a place, other than the place referred to in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or
(c) any other place where the employee stays, or intends to stay, overnight, a journey to which from the employee’s place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a).
place of work , in relation to an employee, includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment.pre‑determination period , in relation to a claim by an employee for compensation under Division 3 of Part II, means the period from the start of the day when the employee is injured until the end of the day on which the MRCC determines the claim.prescribed child means:(a) a person under 16; or
(b) a person who:
(i) is 16 or more but under 25;
(ii) is receiving full‑time education at a school, college, university or other educational institution; and
(iii) is not ordinarily in employment or engaged in work on his or her own account.
principal officer , in relation to a Commonwealth authority, means:(a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or
(b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present.
principal officer , in relation to an Entity, means:(a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the
Public Service Act 1999 ; or(b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the
Parliamentary Service Act 1999 ; or(c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of
Entity —the person prescribed as the principal officer.
property used by an employee means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee.rehabilitation authority , in relation to an employee and a defence‑related claim, means the rehabilitation authority applicable under subsection 39(3) of the MRCA.rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in‑patient or out‑patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.related person of another person means:(a) any of the following:
(i) the spouse of the other person;
(ii) a parent or step‑parent of the other person;
(iii) a parent or step‑parent of the partner of the other person;
(iv) a grandparent of the other person;
(v) a child or stepchild of the other person;
(vi) a child or stepchild of the partner of the other person;
(vii) a grandchild of the other person;
(viii) a sibling or half‑sibling of the other person; or
(b) a person in respect of whom the other person stands in the position of a parent; or
(c) a person who stands in the position of a parent to the other person.
relevant authority means:(a) in relation to an employee by whom or in respect of whom a defence‑related claim has been made, and in relation to dependants of the employee—the MRCC; or
(b) in relation to liability to pay an amount, a debt being due or the receipt of an amount—the Commonwealth.
relevant money has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .relevant period means the period calculated under section 9.retirement savings account means a retirement savings account within the meaning of theRetirement Savings Accounts Act 1997 .Secretary means Secretary of the Department.significant degree has the meaning given by subsection 5B(3).spouse includes:(a) in relation to an employee or a deceased employee—a person who is, or immediately before the employee’s death was, a de facto partner of the employee; and
(b) in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands—a person who is or was recognised as the employee’s husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged.
SRC Act means theSafety, Rehabilitation and Compensation Act 1988 .stepchild : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is thestepchild 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 de facto partner of a parent of the person is thestep‑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.substantial interest , in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person.suitable employment , in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means:
(a) in the case of an employee who was a permanent employee of the Commonwealth on the day on which he or she was injured and who continues to be so employed—employment by the Commonwealth in work for which the employee is suited having regard to:
(i) the employee’s age, experience, training, language and other skills;
(ii) the employee’s suitability for rehabilitation or vocational retraining;
(iii) where employment is available in a place that would require the employee to change his or her place of residence—whether it is reasonable to expect the employee to change his or her place of residence; and
(iv) any other relevant matter; and
(b) in any other case—any employment (including self‑employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv).
superannuation amount , in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to:(a) if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or
(b) in any other case—the amount assessed by the relevant authority to be the part of the pension or lump sum that is so attributable or, if such an assessment cannot be made, the amount of the pension received by the employee in respect of that week or the amount of the lump sum, as the case requires.
superannuation scheme means any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of employees and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation.the 1912 Act means theCommonwealth Workmen’s Compensation Act 1912 .the 1930 Act means theCommonwealth Employees’ Compensation Act 1930 .the 1971 Act means theCompensation (Commonwealth Government Employees) Act 1971 .therapeutic treatment includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury.(2) For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation):
(a) relationships between de facto partners; and
(b) relationships of child and parent that arise:
(i) if someone is an exnuptial or adoptive child of a person; or
(ii) because of the definitions of
child andparent in this section; and
(c) relationships traced through relationships referred to in paragraphs (a) and (b).
(3) For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if:
(a) compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and
(b) it was reasonable for the employee to have obtained that medical treatment in the circumstances.
Note: However, members of the Defence Force with service after the MRCA commencement date might be taken not to have suffered a physical or mental injury or ailment (see section 4AA and subsection 6A(2A)).
(4) For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at the date of the employee’s death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury.
(5) For the purposes of this Act, a person who, immediately before the date of an employee’s death, lived with the employee and was:
(a) the spouse of the employee; or
(b) a child of the employee, being a prescribed child;
shall be taken to be a person who was wholly dependent on the employee at that date.
(6) For the purposes of this Act, other than subsection 17(5), a child of a deceased employee who was born alive after the employee’s death shall be treated as if he or she had been born immediately before the employee’s death and was wholly dependent upon the employee at the date of the employee’s death.
(7) In ascertaining, for the purposes of this Act, whether a child is or was dependent on an employee, any amount of:
(a) family tax benefit calculated under Part 2 or 3 of Schedule 1 to the
A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate); and(c) carer allowance under that Act; and
(d) double orphan pension under that Act;
shall not be taken into account.
(8) A reference in this Act to an injury suffered by an employee is, unless the contrary intention appears, a reference to an injury suffered by the employee in respect of which compensation is payable under this Act.
(9) A reference in this Act to an incapacity for work is a reference to an incapacity suffered by an employee as a result of an injury, being:
(a) an incapacity to engage in any work; or
(b) an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.
(11) A reference in this Act to a claimant is, in relation to any time after the death of the claimant, a reference to his or her legal personal representative.
(13) For the purposes of this Act, an employee who is under the influence of alcohol or a drug (other than a drug prescribed for the employee by a legally qualified medical practitioner or dentist and used by the employee in accordance with that prescription) shall be taken to be guilty of serious and wilful misconduct.
(1) This Act applies (subject to Part X) in relation to an injury that is not an ailment, or an aggravation of an injury that is not an ailment, suffered by an employee if:
(a) the injury or aggravation arises out of, or in the course of, the employee’s employment as a member of the Defence Force; and
(b) the employment occurred:
(i) on or after the commencement of section 3 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and(ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.
Note 1: Comcare and the Safety, Rehabilitation and Compensation Commission do not have any liability in respect of injuries, losses, damage or deaths that relate to defence service (see section 4AA of the
Safety, Rehabilitation and Compensation Act 1988 ).Note 2: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an injury or aggravation that relates to employment that occurred after the MRCA commencement date.
Note 3: See also subsection 6A(2A) (injury arising out of or in the course of employment—extended operation).
Note 4: The
Safety, Rehabilitation and Compensation Act 1988 (which previously covered members of the Defence Force) was originally called theCommonwealth Employees’ Rehabilitation and Compensation Act 1988 .(2) This Act applies (subject to Part X) in relation to an ailment, or an aggravation of an ailment, suffered by an employee if:
(a) the ailment or aggravation is contributed to, to a significant degree, by the employee’s employment as a member of the Defence Force; and
(b) the employment occurred:
(i) on or after the commencement of section 3 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and(ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.
Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an ailment or aggravation that relates to employment that occurred after the MRCA commencement date.
(3) This Act applies (subject to Part X) in relation to loss of, or damage to, property used by an employee if:
(a) the loss or damage resulted from an accident that arose out of, and in the course of, the employee’s employment as a member of the Defence Force; and
(b) the employment occurred:
(i) on or after the commencement of section 3 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and(ii) before the MRCA commencement date (which was 1 July 2004).
Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for loss or damage that relates to employment that occurred after the MRCA commencement date.
(4) This Act applies (subject to Part X), in accordance with section 6A, in relation to any injury suffered by an employee if:
(a) the injury is suffered as an unintended consequence of medical treatment received by the employee that was paid for by the Commonwealth; and
(b) the treatment was provided on or after the commencement of section 3 of the
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and(c) section 8 of the
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 does not apply in relation to the injury.
Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for injuries suffered as an unintended consequence of medical treatment paid for by the Commonwealth if the treatment was provided after the MRCA commencement date.
(5) To avoid doubt, employment occurred before, and on or after, the MRCA commencement date whether the employment spanned the commencement date or occurred during separate periods before and on or after that date.
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.
(1) In this Act:
employee means a member of the Defence Force.(2) For the purposes of this Act, a person who is a member of the Defence Force is taken to be employed by the Commonwealth, and the person’s employment is taken to be constituted by the person’s performance of duties as such a member of the Defence Force.
Note: However, members of the Defence Force with service after the MRCA commencement date might only be entitled to compensation under the MRCA and not this Act (see section 4AA and subsection 6A(2A) of this Act).
Persons taken to be members of the Defence Force (3) The Minister may, by legislative instrument, declare:
(a) that persons specified in the declaration, being persons who:
(i) hold an honorary rank in the Defence Force before the MRCA commencement date; or
(ii) are, before the MRCA commencement date, members of a philanthropic organisation that provides services to the Defence Force; or
(iii) undertake resettlement training, before the MRCA commencement date, under an arrangement made by the Defence Force;
are, for the purposes of this Act, taken to be members of the Defence Force; and
(b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration;
and such a declaration has effect accordingly.
Note: Declarations in respect of these kinds of people can be made under the MRCA for service after the MRCA commencement date (see section 8 of the MRCA).
(4) The Minister may, by legislative instrument, declare:
(a) that persons specified in the declaration, being persons who, before the MRCA commencement date, engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth in relation to the Defence Force, are, for the purposes of this Act, taken to be employed by the Commonwealth; and
(b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration;
and such a declaration has effect accordingly.
Former employees (5) A reference to an employee in a provision of this Act that applies to an employee at a time after the MRCC has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee.
Act not to apply to certain members of the Defence Force (6) Subject to subsections (7) and (8), this Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by:
(a) the
Veterans’ Entitlements Act 1986 ; or(b) the
Papua New Guinea (Members of the Forces Benefits) Act 1957 .
Note: Compensation and other benefits might also be available for a member of the Defence Force under the MRCA. Generally, an injury, disease or death that is covered by that Act would not be covered by this Act (see section 4AA and subsection 6A(2A) of this Act).
(7) Subsection (6) does not apply in relation to a veteran:
(a) who has rendered operational service on or after the day on which the
Military Compensation Act 1994 commences; and(b) for whom provision for the payment of pension in respect of service rendered by the person is made by Part II of the
Veterans’ Entitlements Act 1986 .
(8) Subsection (6) does not apply in relation to a member of the Defence Force who has rendered service in respect of which provision for the payment of pension is made by Part IV of the
Veterans’ Entitlements Act 1986 .
(1) In this Act:
injury means:(a) a disease suffered by an employee; or
(b) an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee’s employment; or
(c) an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee’s employment), that is an aggravation that arose out of, or in the course of, that employment;
but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment.
(2) For the purposes of subsection (1) and without limiting that subsection,
reasonable administrative action is taken to include the following:(a) a reasonable appraisal of the employee’s performance;
(b) a reasonable counselling action (whether formal or informal) taken in respect of the employee’s employment;
(c) a reasonable suspension action in respect of the employee’s employment;
(d) a reasonable disciplinary action (whether formal or informal) taken in respect of the employee’s employment;
(e) anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);
(f) anything reasonable done in connection with the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.
(1) In this Act:
disease means:(a) an ailment suffered by an employee; or
(b) an aggravation of such an ailment;
that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth.
(2) In determining whether an ailment or aggravation was contributed to, to a significant degree, by an employee’s employment by the Commonwealth, the following matters may be taken into account:
(a) the duration of the employment;
(b) the nature of, and particular tasks involved in, the employment;
(c) any predisposition of the employee to the ailment or aggravation;
(d) any activities of the employee not related to the employment;
(e) any other matters affecting the employee’s health.
This subsection does not limit the matters that may be taken into account.
(3) In this Act:
significant degree means a degree that is substantially more than material.
(1) Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:
(a) as a result of an act of violence that would not have occurred but for the employee’s employment or the performance by the employee of the duties or functions of his or her employment; or
(b) while the employee was at the employee’s place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or
(c) while the employee was temporarily absent from the employee’s place of work undertaking an activity:
(i) associated with the employee’s employment; or
(ii) at the direction or request of the Commonwealth; or
(d) while the employee was, at the direction or request of the Commonwealth, travelling for the purpose of that employment; or
(e) while the employee was at a place of education, except while on leave without pay, in accordance with:
(i) a condition of the employee’s employment by the Commonwealth; or
(ii) a request or direction of the Commonwealth; or
(iii) the approval of the Commonwealth; or
(ea) while the employee was travelling between the employee’s place of work and a place of education for the purpose of attending that place in accordance with:
(i) a condition of the employee’s employment by the Commonwealth; or
(ii) a request or direction of the Commonwealth; or
(iii) the approval of the Commonwealth; or
(f) while the employee was at a place for the purpose of:
(i) obtaining a medical certificate for the purposes of this Act; or
(ii) receiving medical treatment for an injury; or
(iii) undergoing a rehabilitation program provided under this Act; or
(iv) receiving a payment of compensation under this Act; or
(v) undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or
(vi) receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth, is available, or reasonably expected by the employee to be available, for collection at that place; or
(g) while the employee was travelling between the employee’s place of work and another place for the purpose of:
(i) obtaining a medical certificate for the purposes of this Act; or
(ii) receiving medical treatment for an injury; or
(iii) undergoing a rehabilitation program provided under this Act; or
(iv) undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or
(h) while the employee was, at the direction or request of the Commonwealth, at a place:
(i) outside Australia and the external Territories; and
(ii) declared by the Minister by legislative instrument to be a place to which this paragraph applies; or
(i) while the employee was:
(i) at the direction or request of the Commonwealth, at a place outside Australia and the external Territories; and
(ii) a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.
(1A) For the purposes of this section:
(a) a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or
(b) a journey to such a place of residence is taken to end at that boundary.
(1B) If an employee owns or occupies a parcel of land contiguous with the land on which the employee’s residence is situated, the boundary referred to in subsection (1A) is the external boundary of all of the contiguous parcels of land if treated as a single parcel.
(1C) For the purposes of paragraph (1)(d), travel between the employee’s residence and the employee’s usual place of work is taken not to be at the direction or request of the Commonwealth.
(2) In paragraph (1)(d), the reference to the employee travelling does not include a reference to travelling to or from a place mentioned in paragraph (1)(e) or (f).
(3) Subsection (1) does not apply where an employee sustains an injury:
(a) while at a place referred to in that subsection; or
(b) during an ordinary recess in his or her employment;
if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.
(1) This section applies to the following employees:
(a) members of the Defence Force;
(b) members of the Australian Defence Force Cadets;
(e) persons declared by the Minister under subsection 5(3).
(2) If, at any time, whether before, on, or after, 1 December 1988:
(a) an employee to whom this section applies received or receives medical treatment paid for by the Commonwealth; and
(b) as an unintended consequence of that treatment the person suffered or suffers an injury;
the injury to the employee is taken to have arisen out of, or in the course of, the person’s employment, whether or not the person has remained an employee to whom this section applies.
(2A) However, subsection (2) does not apply if:
(b) the injury or aggravation is first suffered by the employee on or after the MRCA commencement date; and
(c) the injury or aggravation is suffered as an unintended consequence of medical treatment paid for by the Commonwealth; and
(d) the treatment is provided either:
(i) on or after the MRCA commencement date; or
(ii) before, and on or after, the MRCA commencement date (whether the treatment spans the commencement date or is provided during separate periods before and on or after that date).
Note: After the MRCA commencement date, compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for such an injury or aggravation.
(3) Subsection (2) applies whether or not the original condition that was being treated was compensable under this Act.
(1) Where:
(a) an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease;
(b) the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and
(c) the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth in employment of that kind;
the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.
(2) Where an employee contracts a disease, any employment in which he or she was engaged by the Commonwealth at any time before symptoms of the disease first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the contraction of the disease if the incidence of that disease among persons who have engaged in such employment is significantly greater than the incidence of the disease among persons who have engaged in other employment in the place where the employee is ordinarily employed.
(3) Where an employee suffers an aggravation of a disease, any employment in which he or she was engaged by the Commonwealth at any time before symptoms of the aggravation first became apparent shall, unless the contrary is established, be taken, for the purposes of this Act, to have contributed, to a significant degree, to the aggravation if the incidence of the aggravation of that disease among persons suffering from it who have engaged in such employment is significantly greater than the incidence of the aggravation of that disease among persons suffering from it who have engaged in other employment in the place where the employee was ordinarily employed.
(4) For the purposes of this Act, an employee shall be taken to have sustained an injury, being a disease, or an aggravation of a disease, on the day when:
(a) the employee first sought medical treatment for the disease, or aggravation; or
(b) the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee;
whichever happens first.
(5) The death of an employee shall be taken, for the purposes of this Act, to have resulted from a disease or an aggravation of a disease, if, but for that disease or aggravation, as the case may be, the death of the employee would have occurred at a significantly later time.
(6) An incapacity for work or impairment of an employee shall be taken, for the purposes of this Act, to have resulted from a disease, or an aggravation of a disease, if, but for that disease or aggravation, as the case may be:
(a) the incapacity or impairment would not have occurred;
(b) the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or
(c) the extent of the incapacity or impairment would have been significantly less.
(7) A disease suffered by an employee, or an aggravation of such a disease, shall not be taken to be an injury to the employee for the purposes of this Act if the employee has at any time, for purposes connected with his or her employment or proposed employment by the Commonwealth, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease.
(8) If an employee:
(a) suffers a disease mentioned in the following table; and
(b) before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and
(c) was exposed to the hazards of a fire scene during that period; and
(d) in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer;
the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.
1 | Primary site brain cancer | 5 years |
2 | Primary site bladder cancer | 15 years |
3 | Primary site kidney cancer | 15 years |
4 | Primary non‑Hodgkins lymphoma | 15 years |
5 | Primary leukemia | 5 years |
6 | Primary site breast cancer | 10 years |
7 | Primary site testicular cancer | 10 years |
8 | Multiple myeloma | 15 years |
9 | Primary site prostate cancer | 15 years |
10 | Primary site ureter cancer | 15 years |
11 | Primary site colorectal cancer | 15 years |
12 | Primary site oesophageal cancer | 15 years |
13 | A cancer of a kind prescribed for this table | The period prescribed for such a cancer |
(9) For the purposes of subsection (8):
(a) an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and
(b) an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and
(c) an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth.
(10) Subsection (8) does not limit, and is not limited by, subsections (1) and (2).
(1) For the purposes of this Act, the normal weekly earnings of an employee (other than an employee referred to in subsection (2)) before an injury shall be calculated in relation to the relevant period under the formula:
where:
NH is the average number of hours worked in each week by the employee in his or her employment during the relevant period;RP is the employee’s average hourly ordinary time rate of pay during that period; andA is the average amount of any allowance payable to the employee in each week in respect of his or her employment during the relevant period, other than an allowance payable in respect of special expenses incurred, or likely to be incurred, by the employee in respect of that employment.(2) Where an employee is required to work overtime on a regular basis, the normal weekly earnings of the employee before an injury shall be the amount calculated in accordance with subsection (1) plus an additional amount calculated in relation to the relevant period under the formula:
where:
NH is the average number of hours of overtime worked in each week by the employee in his or her employment during the relevant period; andOR is the employee’s average hourly overtime rate of pay during that period.(3) Where an employee was, at the date of the injury, employed by the Commonwealth in part‑time employment or unpaid employment, any earnings of the employee from any other employment shall, for the purposes of this section, be treated as earnings of the employee from his or her employment by the Commonwealth.
(4) Where, because of the shortness of the relevant period, it is impracticable to calculate the normal weekly earnings of an employee before an injury under subsection (1) or (2), the normal weekly earnings of the employee before the date of injury shall be taken to be the normal weekly earnings before that date of another employee performing comparable work, being normal weekly earnings from employment by the Commonwealth and calculated under subsection (1) or (2), as the case requires.
(5) Where, because of the shortness of the relevant period, the normal weekly earnings as calculated in relation to the relevant period under subsection (1) or (2) would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment before the injury, the normal weekly earnings before the date of the injury shall be calculated in relation to such other period as the MRCC considers reasonable for the purpose of arriving at an amount that does fairly represent the weekly rate at which the employee was being so paid.
(6) Subject to this section, if the minimum amount per week payable to an employee in respect of his or her employment by the Commonwealth at the date of the injury is increased, or would have been increased if the employee had continued in that employment, because of:
(a) the attainment by the employee of a particular age;
(b) the completion by the employee of a particular period of service; or
(c) the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;
the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.
(7) Subject to this section, if:
(a) an employee continues to be employed by the Commonwealth after the date of an injury; and
(b) the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;
the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.
(8) Subject to this section, where:
(a) the employment of an employee is of a kind referred to in subsection 5(4) or subsection (3) of this section; and
(b) the employee is not receiving earnings from any other employment at the date of the injury;
the normal weekly earnings of the employee before the injury shall be an amount determined by the MRCC to be the amount per week that the employee would have been able to earn at the date of the injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.
(9) The normal weekly earnings of an employee before the date of the employee’s injury, as calculated under the preceding subsections, must, while the employee continues to be employed by the Commonwealth, be increased or reduced by the relevant percentage.
(9A) For the purposes of subsection (9),
relevant percentage means the same percentage as the percentage of increase or reduction in the minimum amount per week payable in respect of employees included in a class of employees of which the employee was a member at the date of the injury as a result of:(a) the operation of a law of the Commonwealth or of a State or Territory; or
(b) the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law.
(9B) The normal weekly earnings of an employee before injury, as calculated under subsections (1) to (8) and as increased or reduced under subsection (9) must, if the employee has ceased, or ceases, to be employed by the Commonwealth, be further increased, with effect from each indexation date in relation to that cessation, by reference to the percentage of increase (if any) of an index that is prescribed for the purposes of this subsection over the year ending on the 31 December preceding each such indexation date.
(9C) For the purpose of subsection (9B), the
indexation date , in relation to a cessation of employment, is:(a) the 1 July next following:
(i) the date on which this Act receives the Royal Assent; or
(ii) the date of that cessation of employment;
whichever last occurs; and
(b) each subsequent 1 July.
(9D) For the purpose of subsection (9B), the regulations may specify the manner of calculating the further increase referred to in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection.
(9E) The normal weekly earnings of an employee before an injury, as calculated under the preceding subsections, must, with effect from 1 July in each year, be further increased by the amount under subsection (9F) if, in the 12 months immediately preceding that 1 July:
(a) there was no increase in those earnings under subsection (6), (7) or (9); and
(b) there was no reduction in those earnings under subsection (9).
(9F) If the normal weekly earnings of an employee before an injury must be increased because of subsection (9E), the amount by which they are increased is the percentage of increase (if any) in the index prescribed by the regulations for the purposes of this subsection over the period of 12 months ending on the 31 December immediately before the relevant 1 July.
(9G) For the purposes of subsection (9F), the regulations may specify the manner of calculating the further increase mentioned in that subsection by reference to the movement of the index that is prescribed for the purposes of that subsection.
(10) If the amount of the normal weekly earnings of an employee before an injury, as calculated under the preceding subsections, would exceed:
(a) where the employee continues to be employed by the Commonwealth—the amount per week of the earnings that the employee would receive if he or she were not incapacitated for work; or
(b) where the employee has ceased to be employed by the Commonwealth—whichever is the greater of the following amounts:
(i) the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth in the employment in which he or she was engaged at the date of the injury;
(ii) the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth in the employment in which he or she was engaged at the date on which the employment by the Commonwealth ceased;
the amount so calculated shall be reduced by the amount of the excess.
(1) For the purposes of calculating the normal weekly earnings of an employee before an injury, a reference in section 8 to the relevant period is, subject to this section, a reference to the latest period of 2 weeks before the date of the injury during which the employee was continuously employed by the Commonwealth.
(2) Subject to subsection (3), if, during the period referred to in subsection (1), the minimum amount per week payable to an employee in respect of his or her employment by the Commonwealth was varied as a result of:
(a) the operation of a law of the Commonwealth or of a State or Territory; or
(b) the making, alteration or operation of an award, order, determination or industrial agreement, or the doing of any other act or thing, under such a law;
any part of that period that occurred before the variation, or last variation, took place shall be disregarded for the purposes of calculating the relevant period.
(3) Where in any case the application of subsection (2) would require that a period be disregarded for the purposes of calculating the relevant period in relation to an employee, and as a result of disregarding that period:
(a) it would be impracticable to calculate under section 8 the normal weekly earnings of the employee before an injury; or
(b) the normal weekly earnings as so calculated would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment by the Commonwealth before the injury;
subsection (2) shall not apply in that case, but the normal weekly earnings of the employee during that period shall be taken to be the amount that would have been his or her normal weekly earnings during that period if the variation had taken effect at the beginning of that period.
(4) If, during any part of the period calculated under the preceding subsections, the employee’s earnings were reduced, or the employee did not receive any earnings, because of absence from his or her employment for any reason, that part of that period shall be disregarded for the purposes of calculating the relevant period.
For the purposes of this Act, damages shall be taken to have been recovered by an employee, or by or for the benefit of a dependant of a deceased employee, when the amount of the damages was paid to or for the benefit of the employee or dependant, as the case may be.
The liability of a relevant authority to pay compensation to a person under this Act is the liability of that authority to pay to the person such amount or amounts as are determined by the MRCC to be payable to the person under this Act.
An amount of compensation payable under a provision of this Act in respect of an injury is, unless the contrary intention appears, in addition to an amount of compensation paid or payable under any other provision of this Act in respect of that injury.
(1) In this section:
index number , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.relevant amount means the amount specified in paragraph 18(4)(a) or subsection 19(7), (8) or (9), 24(9), 27(2), 29(1) or (3), 30(1) or 137(1).relevant year means the period of 12 months commencing on 1 July 1988 and each subsequent period of 12 months.(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.
(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new index reference period.
(4) Where the factor ascertained under subsection (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a) if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or
(b) in any other case—the relevant amount.
(5) The factor to be ascertained for the purposes of subsection (4) in relation to a relevant year is the number (calculated to 3 decimal places) ascertained by dividing the index number of the December quarter immediately before the relevant year by the index number for the December quarter immediately before that first‑mentioned December quarter.
(6) Where the factor ascertained under subsection (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained under that subsection in relation to that relevant year shall be taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.
Definitions (1) In this section:
index number , in relation to a quarter, means:
(a) the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or
(b) if:
(i) a series of index numbers is prescribed for the purposes of this paragraph; and
(ii) the Australian Statistician publishes an index number in respect of the quarter; and
(iii) that index number belongs to the series;
that index number.
relevant amount means the amount specified in subsection 17(3), (4) or (5).
relevant year means:
(a) the financial year starting on 1 July 2009; or
(b) a later financial year.
Indexation (2) If the indexation factor for a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a) if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or
(b) in any other case—the relevant amount.
Indexation factor (3) For the purposes of this section, the
indexation factor for a relevant year is the number calculated, to 3 decimal places, using the formula:where:
base December quarter means the last December quarter before the reference December quarter.
reference December quarter means the last December quarter before the relevant year.(4) If the number calculated under subsection (3) for a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the number so calculated is increased by 0.001.
Other provisions (5) Subject to subsection (6), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number for a quarter in substitution for an index number previously published for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
(6) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for:
(a) the Wage Price Index; or
(b) another index;
then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new index reference period.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) Subject to this Part, the Commonwealth is liable to pay compensation in accordance with this Act in respect of an injury suffered by an employee if the injury results in death, incapacity for work, or impairment.
(2) Compensation is not payable in respect of an injury that is intentionally self‑inflicted.
(3) Compensation is not payable in respect of an injury that is caused by the serious and wilful misconduct of the employee but is not intentionally self‑inflicted, unless the injury results in death, or serious and permanent impairment.
(1) If:
(a) an employee has an accident arising out of and in the course of his or her employment by the Commonwealth; and
(b) the accident does not cause injury to the employee but results in the loss of, or damage to, property used by the employee;
the Commonwealth is liable to pay compensation to the employee of an amount equal to the amount of the expenditure reasonably incurred by the employee in the necessary replacement or repair of the property.
Note: However, members of the Defence Force with service after the MRCA commencement date might only be entitled to compensation under the MRCA and not this Act (see subsection 4AA(3)).
(2) For the purposes of subsection (1), expenditure incurred by an employee in the necessary replacement or repair of property used by the employee shall be taken to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably rendered in connection with the replacement or repair.
(3) Compensation is not payable under this section if the loss or damage is attributable to the serious and wilful misconduct of the employee.
(1) Where an employee suffers an injury, the Commonwealth is liable to pay, in respect of the cost of medical treatment obtained in relation to the injury (being treatment that it was reasonable for the employee to obtain in the circumstances), compensation of such amount as the MRCC determines is appropriate to that medical treatment.
Note: Compensation is not payable under this subsection in relation to certain defence‑related claims (see Division 2A of Part XI).
(2) Subsection (1) applies whether or not the injury results in death, incapacity for work, or impairment.
(3) For the purposes of subsection (1), the cost of medical treatment shall, in a case where the treatment involves the supply, replacement or repair of property used by the employee, be deemed to include any fees or charges paid or payable by the employee to a legally qualified medical practitioner or dentist or other qualified person for a consultation, examination, prescription or other service reasonably required in connection with that supply, replacement or repair.
(4) An amount of compensation payable by the Commonwealth under subsection (1) is payable:
(a) if the employee has paid the cost of the medical treatment—to, or in accordance with the directions of, the employee; or
(b) if the employee dies before the compensation is paid and without having paid the cost referred to in subsection (1) and another person, not being the legal personal representative of the employee, has paid that cost—to that other person; or
(c) in any other case—to the person to whom the cost is payable.
(5) Where a person is liable to pay any cost referred to in subsection (1), any amount paid under subsection (4) to the person to whom that cost is payable is, to the extent of the payment, a discharge of the liability of the first‑mentioned person.
(6) Subject to subsection (7), if:
(a) compensation in respect of the cost of medical treatment is payable; and
(b) the employee reasonably incurs expenditure in doing either or both of the following:
(i) making a necessary journey for the purpose of obtaining that medical treatment;
(ii) remaining, for the purpose of obtaining that medical treatment, at a place to which the employee has made a journey for that purpose;
the Commonwealth is liable to pay compensation to the employee:
(c) in respect of the journey—of an amount worked out using the formula:
where:
specified rate per kilometre means the rate per kilometre specified in an instrument under subsection 16(6) of the Safety, Rehabilitation and Compensation Act 1988 (as that instrument is in force from time to time).numbers of kilometres travelled means the number of whole kilometres the MRCC determines to have been the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey).(d) in respect of the employee remaining for the purpose of obtaining the treatment—of an amount equal to the expenditure so reasonably incurred in remaining for that purpose.
(7) The Commonwealth is not liable to pay compensation under subsection (6) unless:
(a) the reasonable length of such a journey as it was necessary for the employee to make (including the return part of the journey) exceeded 50 kilometres; or
(b) if the journey made by the employee involved the use of public transport or ambulance services—the employee’s injury reasonably required the use of such transport or services regardless of the distance involved.
(8) The matters to which the MRCC must have regard in deciding questions arising under subsections (6) and (7) include:
(a) the place or places where appropriate medical treatment was available to the employee;
(b) the means of transport available to the employee for the journey;
(c) the route or routes by which the employee could have travelled; and
(d) the accommodation available to the employee.
(9) Where:
(a) an employee suffers an injury;
(b) a person has reasonably incurred expenditure in connection with the transportation of the employee, or, if the employee has died, of his or her body, from the place where the injury was sustained to a hospital or similar place, or to a mortuary; and
(c) the employee, or the legal personal representative of the employee, does not make a claim for compensation in respect of that expenditure;
the Commonwealth is liable to pay compensation to the person who incurred the expenditure of an amount equal to the amount of that expenditure.
(1) This section applies where an injury to an employee results in death.
(2) Subject to this section and sections 16 and 18, if the employee dies without leaving dependants, compensation is not payable in respect of the injury.
(3) Subject to this section and to sections 16 and 18, if the employee dies leaving dependants some or all of whom were, at the date of the employee’s death, wholly dependent on the employee, the Commonwealth is liable to pay compensation in respect of the injury of $400,000 and that compensation is payable to, or in accordance with the directions of, the MRCC for the benefit of all of those dependants.
(4) If the employee dies without leaving dependants who were wholly dependent on the employee at the date of the employee’s death but leaving dependants who were partly dependent on the employee at that date:
(a) subject to this section and to sections 16 and 18, the Commonwealth is liable to pay compensation in respect of the injury of such amount, not exceeding $400,000, as the MRCC determines, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings; and
(b) that compensation is payable to, or in accordance with the directions of, the MRCC for the benefit of those dependants.
(5) If:
(a) a prescribed child was, at the date of the injury or at the date of the employee’s death, wholly or mainly dependent on the employee;
(b) a prescribed child, being a child of the employee, was born after the employee’s death; or
(c) a prescribed child would, if the employee had not died, have been wholly or mainly dependent on the employee;
the Commonwealth is liable to pay compensation at the rate of $110 a week and that compensation is payable to, or in accordance with the directions of, the MRCC for the benefit of that child from the date of the employee’s death or the date of the birth of the child, whichever is the later.
(6) Compensation is not payable under subsection (5) in respect of:
(a) any period during which the child is not a prescribed child; and
(b) in the case of a child referred to in paragraph (5)(c)—any period during which, if the employee had not died, the child would not have been wholly or mainly dependent upon the employee.
(7) An amount of compensation paid or payable under this Act before the death of an employee:
(a) is not affected by subsection (2);
(b) shall not be deducted from the compensation payable under subsection (3); and
(c) shall not be taken into account in determining the compensation payable under subsection (4).
(8) Where an amount of compensation is payable under this section for the benefit of 2 or more dependants of the deceased employee, the MRCC shall determine the shares of those dependants in that amount as the MRCC thinks fit, having regard to any losses suffered by those dependants as a result of the cessation of the employee’s earnings.
(9) A reference in this section to a dependant of a deceased employee shall be read as a reference to a dependant by or on behalf of whom a claim is made for compensation under this section.
(10) Where claims for compensation under this section are made by or on behalf of 2 or more dependants of a deceased employee, the MRCC shall make one determination in respect of those claims.
(1) Where an injury to an employee results in death, the Commonwealth is liable to pay compensation in respect of the cost of the employee’s funeral to the person who paid the cost of the funeral or, if that cost has not been paid, to the person who carried out the funeral.
(2) The amount of compensation is the amount, not exceeding the amount determined in accordance with subsection (4), that the MRCC considers reasonable, having regard to:
(a) the charges ordinarily made for funerals in the place where the funeral was carried out; and
(b) any amount paid or payable in respect of the cost of the funeral under any other law of the Commonwealth.
(3) Where a person is liable to pay the cost of the funeral of an employee, any amount paid under this section to the person who carried out the funeral is, to the extent of the payment, a discharge of the liability of the first‑mentioned person.
(4) The maximum amount of compensation under subsection (2) is:
(a) $9,000; or
(b) if the regulations prescribe a higher amount—that amount.
Note: The amount of $9,000 is indexed under section 13.
(1) This section applies to an employee who is incapacitated for work as a result of an injury, other than an employee to whom section 20, 21, 21A or 22 applies.
(2) Subject to this Part, the Commonwealth is liable to pay to the employee in respect of the injury, for each week that is a maximum rate compensation week during which the employee is incapacitated, an amount of compensation worked out using the formula:
where:
AE is the greater of the following amounts:(a) the amount per week (if any) that the employee is able to earn in suitable employment;
(b) the amount per week (if any) that the employee earns from any employment (including self‑employment) that is undertaken by the employee during that week.
NWE is the amount of the employee’s normal weekly earnings.(2A) For the purposes of subsection (2), a week is a
maximum rate compensation week , in relation to an employee to whom this section applies, if:(a) it is a week during which the employee’s incapacity prevents the employee working the employee’s normal weekly hours because the employee is unable to work or unable to work at the level at which the employee worked before the injury; and
(b) the total number of hours that the employee has been prevented from working, or working at that level, during that incapacity, in that week and in all previous weeks, if any, to which paragraph (a) applies, does not exceed 45 times the employee’s normal weekly hours.
(2B) If, before the end of a particular week, the total of the hours that the employee has been prevented from working, or working at that level, in that week and in previous weeks, will exceed the total number of hours worked out in accordance with paragraph (2A)(b), then:
(a) subsection (2) applies in respect of the part of the week before that total number of hours is exceeded in accordance with subsection (2C); and
(b) subsection (3) applies in respect of the remainder of the week in accordance with subsection (2D).
(2C) For the purposes of paragraph (2B)(a), the compensation payable in respect of the part of the week to which that paragraph refers is an amount worked out using the formula:
where:
AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2).NWE is the amount of the employee’s normal weekly earnings.NWH means the number of normal weekly hours worked by the employee before his or her injury.X is the total of the hours in that particular week:(a) that would have counted towards the employee’s normal weekly hours (whether those hours are worked or not); and
(b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee’s normal weekly hours.
(2D) For the purposes of paragraph (2B)(b), the compensation payable in respect of the part of the week to which that paragraph refers is worked out using the formula:
where:
NWH means the number of normal weekly hours worked by the employee before his or her incapacity.reduced rate compensation entitlement is the rate of compensation that would have been applicable for the whole week had subsection (3) applied throughout the whole week.X is the total of the hours in that particular week:(a) that would have counted towards the employee’s normal weekly hours (whether those hours are worked or not); and
(b) that elapse before the total number of hours worked out in accordance with paragraph (2A)(b) exceeds 45 times the employee’s normal weekly hours.
(3) Subject to this Part, the Commonwealth is liable to pay compensation to the employee, in respect of the injury, for each week during which the employee is incapacitated, other than a week referred to in subsection (2), of an amount calculated using the formula:
where:
adjustment percentage is a percentage equal to:(a) if the employee is not employed during that week—75%; or
(b) if the employee is employed for 25% or less of his or her normal weekly hours during that week—80%; or
(c) if the employee is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—85%; or
(d) if the employee is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—90%; or
(e) if the employee is employed for more than 75% but less than 100% of his or her normal weekly hours during that week—95%; or
(f) if:
(i) the employee is employed for 100% of the employee’s normal weekly hours during that week; or
(ii) subsection (3AA) applies to the employee in relation to that week;
100%.
AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2).NWE is the amount of the employee’s normal weekly earnings.(3AA) This subsection applies to an employee in relation to a week beginning on or after the commencement of this subsection and before 1 July 2023 if:
(a) because of subsection 5(5), subsection (3) of this section has effect in relation to the employee on one or more days in that week as a person who is a former member of the Defence Force; and
(b) the MRCC is satisfied that, on one or more days in that week, the person is undertaking a rehabilitation program provided under this Act; and
(c) the MRCC is satisfied that, on one or more days in that week and as part of that program, the person is undertaking full‑time study.
(3AB) For the purposes of paragraph (3AA)(c), a person is
undertaking full‑time study in the circumstances determined in an instrument under subsection (3AC).(3AC) The MRCC may, by legislative instrument, determine circumstances for the purposes of subsection (3AB).
(3AD) Without limiting subsection (3AC), the instrument may provide that a person is undertaking full‑time study in a period (such as, for example, a period of vacation) that does not fall within a study period.
(2) The MRCC must comply with a direction given under subsection (1).
(1) The MRCC may give a written notice to any person requiring the person, for the purposes of this Act:
(a) to provide the MRCC (or a specified staff member assisting the MRCC) such information as the MRCC requires; or
(b) to produce to the MRCC (or a specified staff member assisting the MRCC) any documents in the custody or under the control of the person; or
(c) to appear before a specified staff member assisting the MRCC to answer questions.
(2) To avoid doubt, the person given the notice may be:
(a) the Secretary of the Defence Department; or
(b) the Secretary of the Department; or
(c) the Chief of the Defence Force; or
(d) a person employed:
(i) in or in connection with a Department of the Commonwealth, a State or Territory; or
(ii) by any authority of the Commonwealth, a State or Territory.
(3) The notice must specify:
(a) if paragraph (1)(a) or (b) applies:
(i) the period within which the person must comply with the notice; and
(ii) the manner in which the person must comply with the notice; or
(b) if paragraph (1)(c) applies:
(i) the time at which the person must appear before the staff member; and
(ii) the place at which the person must appear before the staff member.
(4) The specified period or the specified time mentioned in subsection (3) must be at least 14 days after the notice is given.
(5) The MRCC may require the information or answers to be verified by, or given on, oath or affirmation and either orally or in writing.
(6) A staff member to whom information or answers are verified or given may administer the oath or affirmation.
(7) This section does not require a person to give information, produce a document or give evidence to the extent that, in doing so, the person would contravene a law of the Commonwealth (not being a law of a Territory).
Note: A law of a State or Territory cannot prevent a person from giving information, producing documents or giving evidence for the purposes of this Act (see section 151A).
(8) This section binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.
(9) A person commits an offence if the person fails to comply with a notice under this section.
Penalty: 10 penalty units.
(10) An offence against subsection (9) is an offence of strict liability.
(11) Subsection (9) does not apply to the extent that the person is not capable of complying with the notice.
Note: The defendant bears an evidential burden in relation to the matter in subsection (11) (see subsection 13.3(3) of the
Criminal Code ).
(1) An individual is not excused from giving information or evidence, or producing a document, under section 151 on the ground that the information or evidence, or the production of the document, might tend to incriminate the individual or expose the individual to a penalty.
(2) However:
(a) the information or evidence given or the document produced; and
(b) giving the information or evidence or producing the document; and
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;
are not admissible in evidence against the individual in any proceedings, other than proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Act.
(1AA) Nothing in a law of a State or Territory operates to prevent a person from giving information, producing documents or giving evidence for the purposes of this Act.
(1) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to a person specified in the following table for the purposes specified in the table:
1 | The Secretary of the Department administered by the Minister who administers the | The purposes of that Department |
2 | The Secretary of the Department administered by the Minister who administers the | The purposes of that Department |
3 | The Chief Executive Officer of Services Australia | The purposes of Services Australia |
4 | The Chief Executive Centrelink (within the meaning of the | The purposes of Centrelink |
5 | The Chief Executive Medicare (within the meaning of the | The purposes of Medicare |
6 | The Commonwealth Superannuation Corporation | A purpose relating to the performance of a function, or the exercise of a power, by that Corporation under:
|
7 | A receiving Commonwealth body | A purpose relating to the performance of a function, or the exercise of a power, by that body |
(1A) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Secretary of the Defence Department for any purposes relating to:
(a) litigation involving an injury, disease or death of an employee in relation to which a claim has been made under this Act; or
(b) monitoring, or reporting on, the performance of the Defence Force in relation to occupational health and safety; or
(c) monitoring the cost to the Commonwealth of injuries, diseases or deaths of employees, in relation to which claims have been made under this Act.
(1B) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Chief of the Defence Force for a purpose relating to the reconsideration under section 347 of the MRCA, or the review under Part 4 of Chapter 8 of the MRCA, of a determination made underthis Act about acceptance of liability for an injury, disease or death.
(1C) If:
(a) a person who is, or was, an employee is entitled to compensation for medical treatment under this Act; and
(b) the treatment is provided to the person through an arrangement, including a contractual arrangement, with a body that is not a corporate Commonwealth entity or a non‑corporate Commonwealth entity;
the MRCC (or a staff member assisting the MRCC) may provide any information that relates to the provision of that treatment:
(c) to a receiving Commonwealth body; and
(d) for a purpose relating to the performance of a function, or the exercise of a power, by that body.
(2) The person must not:
(a) use the information obtained under subsection (1), (1A), (1B) or (1C) for a purpose other than those purposes; or
(b) further disclose the information obtained under subsection (1), (1A), (1B) or (1C) for a purpose other than those purposes.
(3) To avoid doubt, information that is used or disclosed in accordance with this section is taken, for the purposes of the
Privacy Act 1988 , to be authorised by law.(4) In this section:
Act administered by CSC has the meaning given by theGovernance of Australian Government Superannuation Schemes Act 2011 .corporate Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .non‑corporate Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .receiving Commonwealth body means any of the following:(a) the Aged Care Quality and Safety Commission;
(b) the National Disability Insurance Scheme Launch Transition Agency;
(c) the NDIS Quality and Safeguards Commission;
(d) the Repatriation Commission;
(e) the Department administered by the Minister administering the
Aged Care Act 2024 ;(f) the Department administered by the Minister administering the
Disability Services and Inclusion Act 2023 ;(g) the Department administered by the Minister administering the
Veterans’ Entitlements Act 1986 ;(h) if:
(i) another Department of State, or another authority, of the Commonwealth has regulatory, compliance or enforcement functions in relation to the provision of care, support, treatment or other related services or assistance (including care, support, treatment or other related services or assistance provided through an arrangement, including a contractual arrangement); and
(ii) the Department or authority is prescribed in the regulations;
that Department or authority.
(1) The MRCC may, by resolution, delegate any of its functions or powers under a provision of this Act to a person to whom it can, under section 384 of the MRCA, delegate functions or powers under that Act.
(1A) The MRCC may, by resolution, delegate any of its functions or powers under an instrument made under section 41B to a person to whom it can, under section 384 of the MRCA, delegate functions or powers under that Act.
(2) The Chief of the Defence Force may, in writing, delegate any of his or her functions or powers under a provision of this Act to a person to whom the Chief of the Defence Force can delegate functions or powers under section 438 of the MRCA.
(1) Subsection (2) applies to a settlement that:
(a) under subsection 127(1), is taken to be a determination made by the relevant authority under this Act; and
(b) is in force immediately before the MRCA commencement date; and
(c) concerns an injury that relates to defence service.
(2) On and after the MRCA commencement date, the settlement is taken to be a determination made by the MRCC under this Act in respect of the corresponding liability of the Commonwealth to pay compensation or make a similar payment under this Part in respect of that injury, but Part VI does not apply in relation to that settlement.
(3) Subsection (4) applies to a determination made or action taken that:
(a) under subsection 127(2), is taken to be a determination made by the relevant authority under this Act; and
(b) is in force immediately before the MRCA commencement date; and
(c) concerns compensation or a payment that relates to defence service.
(4) On and after the MRCA commencement date, the determination or action is taken to be a determination made or action taken by the MRCC under this Act in respect of the corresponding liability of the Commonwealth to pay compensation or make a similar payment under this Part.
(5) If a determination or action referred to in subsection (3) is, or has been, varied by a court or a tribunal, subsection (4) has effect in relation to that determination or action as so varied.
(1) Sections 97, 97A, 97B, 97C and 97D of the SRC Act do not apply to the Defence Department in relation to defence service on or after the MRCA commencement date.
(2) Any payment made by the Defence Department under, or purportedly under, section 97H of the SRC Act for a determination under section 97 or 97D of that Act in respect of defence service before the MRCA commencement date is taken to have been validly made.
(3) Any payment made by the Defence Department under, or purportedly under, section 67H of the
Occupational Health and Safety Act 1991 in respect of defence service before the MRCA commencement date is taken to have been validly made.
(1) The Consolidated Revenue Fund is appropriated for the purposes of paying compensation and other amounts payable in relation to defence service under this Act.
(1A) The Consolidated Revenue Fund is appropriated for the purposes of making payments under the scheme referred to in section 40A.
(1B) The Consolidated Revenue Fund is appropriated for the purposes of paying assistance or benefits granted under an instrument made under section 41B.
(2) The Consolidated Revenue Fund is appropriated for the purposes of paying for:
(a) treatment provided under subsection 280A(1) of the MRCA, and other services in relation to such treatment; and
(b) MRCA supplement that is payable because a person is entitled to treatment in accordance with that subsection.
Note: That treatment is provided to an employee in relation to a defence‑related claim (see section 144B of this Act).
(1) As soon as possible after each 30 June, the Chair of the MRCC must give the Minister, for presentation to the Parliament, a report of the MRCC’s activities under this Act during the financial year that ended on that day.
(2) A report under subsection (1) must include particulars of any directions given by the Minister under section 149 during the financial year to which the report relates.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = | sch = Schedule(s) |
LIA = | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (C1988A00156) | 156, 1988 | 12 Oct 2017 (s 2(1) item 1) | ||
Veterans’ Affairs Legislation Amendment (Digital Readiness and Other Measures) Act 2017 (C2017A00028) | 28, 2017 | 4 Apr 2017 | sch 1 (items 3, 4), sch 2 (items 3‑6, 8), sch 3 (item 1): 12 Oct 2017 (s 2(1) items 3, 5, 8) | sch 2 (item 8) |
Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017 (C2017A00059) | 59, 2017 | 22 June 2017 | sch 1 (items 17, 18), sch 3 (items 11‑25): 12 Oct 2017 (s 2(1) items 3, 7) | sch 3 (item 25) |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 (C2017A00108) | 108, 2017 | 14 Sept 2017 | sch 1: 12 Oct 2017 (s 2(1) items 2, 3) | sch 1 (items 1, 2, 62‑68) |
Veterans’ Affairs Legislation Amendment (Omnibus) Act 2017 (C2017A00128) | 128, 2017 | 30 Nov 2017 | sch 3 (item 6), sch 4 (items 6, 7), sch 5 (items 4‑6): 1 Dec 2017 (s 2(1) items 4, 6, 8) | — |
Marriage Amendment (Definition and Religious Freedoms) Act 2017 (C2017A00129) | 129, 2017 | 8 Dec 2017 | sch 3 (item 38), sch 4: 9 Dec 2017 (s 2(1) item 7) | sch 4 |
| ||||
| 13, 2021 | 1 Mar 2021 | sch 2 (item 540): 1 Sept 2021 (s 2(1) item 5) | — |
Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 1) Act 2018 (C2018A00017) | 17, 2018 | 28 Mar 2018 | sch 6 (items 2‑330): 29 Mar 2018 (s 2(1) item 9) | sch 6 (item 330) |
Veterans’ Affairs Legislation Amendment (Veteran‑centric Reforms No. 2) Act 2018 (C2018A00070) | 70, 2018 | 29 June 2018 | sch 1 (items 3, 4): 1 Nov 2018 (s 2(1) item 2) | — |
Veterans’ Affairs Legislation Amendment (Omnibus) Act 2018 (C2018A00135) | 135, 2018 | 25 Oct 2018 | sch 2: 26 Oct 2018 (s 2(1) item 1) | sch 2 (item 3) |
Treatment Benefits (Special Access) (Consequential Amendments and Transitional Provisions) Act 2019 (C2019A00042) | 42, 2019 | 5 Apr 2019 | sch 1 (items 1, 3), sch 2 (item 21): 6 Apr 2019 (s 2(1) item 2) | sch 1 (items 1, 3) |
Services Australia Governance Amendment Act 2020 (C2020A00104) | 104, 2020 | 20 Nov 2020 | sch 1 (items 56, 66): 1 Feb 2020 (s 2(1) item 2) | sch 1 (item 66) |
Aged Care and Other Legislation Amendment (Royal Commission Response) Act 2022 (C2022A00034) | 34, 2022 | 5 Aug 2022 | sch 6 (items 12‑15, 19): 6 Aug 2022 (s 2(1) item 8) | sch 6 (item 19) |
Defence, Veterans’ and Families’ Acute Support Package Act 2022 (C2022A00040) | 40, 2022 | 7 Oct 2022 | sch 1 (items 10‑15): 14 Oct 2022 (s 2(1) item 1) | — |
Military Rehabilitation and Compensation and Other Legislation Amendment (Incapacity Payments) Act 2022 (C2022A00041) | 41, 2022 | 7 Oct 2022 | sch 1 (items 3, 4): 7 Oct 2022 (s 2(1) item 1) | sch 1 (item 4) |
Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023 (C2023A00041) | 41, 2023 | 28 June 2023 | sch 2 (item 2), sch 5 (item 2): 29 June 2023 (s 2(1) item 1) | — |
Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2023 (C2023A00042) | 42, 2023 | 28 June 2023 | sch 1, sch 4 (items 3, 4, 7): 28 June 2023 (s 2(1) item 1) | sch 1 (item 3), sch 4 (item 7) |
Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Act 2023 (C2023A00103) | 103, 2023 | 28 Nov 2023 | sch 2 (item 12): 1 Jan 2024 (s 2(1) item 2) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (C2024A00038) | 38, 2024 | 31 May 2024 | sch 15 (items 16‑20, 43): 14 Oct 2024 (s 2(1) item 2) | — |
Administrative Review Tribunal (Miscellaneous Measures) Act 2025 (C2025A00014) | 14, 2025 | 20 Feb 2025 | sch 2 (items 78‑80): 21 Feb 2025 (s 2(1) item 2) sch 3 (item 13): 21 Apr 2025 (s 2(1) item 6) | — |
Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (C2025A00017) | 17, 2025 | 20 Feb 2025 | sch 1 (items 32‑37, 92‑107, 124, 125, 137, 168‑175), sch 2 (items 9‑13, 107, 108), sch 3 (items 116‑119), sch 4 (items 41‑46): sch 3 (items 18‑34): 21 Apr 2025 (s 2(1) item 3) | — |
Aged Care and Other Legislation Amendment Act 2025 (C2025A00045) | 45, 2025 | 19 Sept 2025 | sch 3 (items 254, 255): 1 Nov 2025 (s 2(1) item 6) | — |
Title........................................... | am No 108, 2017 |
s 1............................................. | am No 28, 2017 |
s 2............................................. |
rs No 17, 2018
s 3.............................................
am No 17, 2018
s 3A...........................................
ad No 28, 2017
am No 17, 2025
s 4.............................................
am No 28, 2017; No 108, 2017; No 129, 2017; No 17, 2018; No 40, 2022; No 38, 2024; No 17, 2025
s 4AA........................................
rs No 108, 2017
am No 128, 2017
s 4A...........................................
rep No 17, 2018
s 5.............................................
rs No 108, 2017
am No 17, 2018;
s 5B...........................................
am No 17, 2018
s 6.............................................
am No 17, 2018;
s 6A...........................................
am No 108, 2017
s 7.............................................
am No 108, 2017; No 17, 2018; No 42, 2023
s 8.............................................
am No 108, 2017; No 17, 2018;
s 9.............................................
am No 17, 2018
s 11............................................
am No 17, 2018;
s 13............................................
am
Part IA.......................................
ad
s 14AA......................................
ad
s 14............................................
am No 17, 2018
s 15............................................
am No 108, 2017; No 17, 2018
s 15A.........................................
rep No 108, 2017
s 16............................................
am No 17, 2018; No 41, 2023;
s 17............................................
am No 17, 2018;
s 18............................................
am No 17, 2018
rep
Division 3..................................
rep
s 19............................................
am No 17, 2018; No 70, 2018; No 41, 2022
rep
s 20............................................
am No 17, 2018
rep
s 21............................................
am No 17, 2018
rep
s 21A.........................................
am No 17, 2018
rep
s 22............................................
am No 17, 2018
rep
s 23............................................
rep
s 23A.........................................
am No 108, 2017
rep No 17, 2018
s 24............................................
am No 17, 2018;
s 25............................................
am No 17, 2018;
s 26............................................
am No 17, 2018; No 17, 2025
s 27............................................
am No 17, 2018;
s 28............................................
am No 17, 2018; No 38, 2024;
s 29............................................
am No 17, 2018;
s 29A.........................................
am No 17, 2018;
Division 6..................................
rep
s 30............................................
am No 17, 2018
rep
s 31............................................
am No 17, 2018
rep
s 32............................................
am No 17, 2018
rep
s 33............................................
am No 17, 2018
rep
Part III.......................................
rep
Division 1..................................
rep No 108, 2017
s 34............................................
rep No 108, 2017
Division 2..................................
rep No 108, 2017
s 34A.........................................
rep No 108, 2017
s 34B.........................................
rep No 108, 2017
s 34C.........................................
rep No 108, 2017
s 34D.........................................
rep No 108, 2017
s 34E.........................................
rep No 108, 2017
s 34F..........................................
rep No 108, 2017
s 34G.........................................
rep No 108, 2017
s 34H.........................................
rep No 108, 2017
s 34J..........................................
rep No 108, 2017
s 34K.........................................
rep No 108, 2017
s 34L.........................................
rep No 108, 2017
s 34M........................................
rep No 108, 2017
s 34N.........................................
rep No 108, 2017
s 34P..........................................
rep No 108, 2017
s 34Q.........................................
rep No 108, 2017
s 34R.........................................
rep No 108, 2017
s 34S..........................................
rep No 108, 2017
Division 3 heading......................
rep No 108, 2017
s 35............................................
rep No 108, 2017
s 36............................................
am No 59, 2017
rep
s 37............................................
am No 59, 2017
rep
s 38............................................
am No 17, 2018
rep
s 39............................................
am No 59, 2017
rep
s 40............................................
am No 59, 2017; No 17, 2018
rep
s 40A.........................................
ad No 128, 2017
rep
s 41............................................
am No 17, 2018
rep
s 41A.........................................
am No 108, 2017; No 17, 2018
rep
Part IIIA.....................................
ad No 40, 2022
s 41B.........................................
rep No 108, 2017
ad No 40, 2022
am No 42, 2023; No 17, 2025
s 41C.........................................
rep No 108, 2017
s 41D.........................................
rep No 108, 2017
s 43............................................
am No 17, 2018;
s 44............................................
am No 17, 2018
s 45............................................
am No 17, 2018
s 46............................................
am No 17, 2018;
s 47............................................
am No 17, 2018;
s 48............................................
am No 17, 2018;
s 49............................................
am No 17, 2018
s 50............................................
am No 17, 2018;
s 51............................................
am No 17, 2018;
s 52A.........................................
am No 17, 2018;
s 54............................................
am No 17, 2018;
s 56............................................
am No 17, 2018;
s 58............................................
am No 41, 2023
s 60............................................
am No 108, 2017; No 17, 2018; No 38, 2024; No 14, 2025; No 17, 2025
s 60A.........................................
ad No 40, 2022
rep No 17, 2025
s 61............................................
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s 62............................................
am No 108, 2017; No 17, 2018; No 14, 2025
rs No 17, 2025
am No 14, 2025;
s 63............................................
am No 38, 2024
rep No 17, 2025
s 64............................................
am No 108, 2017; No 17, 2018; No 38, 2024; No 14, 2025
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s 65............................................
am No 38, 2024
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s 66............................................
am No 38, 2024
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Part VII......................................
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s 68............................................
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s 70............................................
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s 70A.........................................
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s 89............................................
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s 89A.........................................
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s 89C.........................................
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s 89D.........................................
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s 89E.........................................
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s 89F..........................................
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s 89G.........................................
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s 89H.........................................
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s 89J..........................................
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s 89K.........................................
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s 89L.........................................
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s 89M........................................
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s 89N.........................................
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s 89Q.........................................
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s 89R.........................................
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s 89S..........................................
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s 90B.........................................
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s 90C.........................................
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s 90D.........................................
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s 91............................................
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s 92............................................
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s 93............................................
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s 95............................................
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s 96............................................
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s 96A.........................................
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s 96C.........................................
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s 97............................................
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s 97A.........................................
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s 97B.........................................
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s 97C.........................................
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s 97CA.......................................
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s 97CB.......................................
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s 97CC.......................................
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s 97D.........................................
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s 97DA......................................
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s 97DB.......................................
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s 97E.........................................
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s 97F..........................................
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s 97G.........................................
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s 97H.........................................
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s 97HA......................................
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s 97J..........................................
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s 97K.........................................
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s 97L.........................................
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s 97LA.......................................
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s 97M........................................
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s 97MA......................................
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s 97N.........................................
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s 97P..........................................
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s 97Q.........................................
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s 97QA......................................
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s 97QB.......................................
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s 97QBA....................................
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s 97QBB....................................
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s 97QBC....................................
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s 97QC.......................................
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s 97QD......................................
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s 97QE.......................................
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s 97QF.......................................
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Part VIII.....................................
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s 98A.........................................
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s 99............................................
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s 100..........................................
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s 101..........................................
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s 103..........................................
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s 104..........................................
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s 104A.......................................
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s 105..........................................
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s 106..........................................
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s 107..........................................
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s 107A.......................................
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s 108..........................................
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s 108A.......................................
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s 108C.......................................
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s 108D.......................................
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s 108E........................................
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s 108F........................................
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s 108G.......................................
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s 108H.......................................
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s 110..........................................
am No 17, 2018
rep
s 111..........................................
am No 17, 2018; No 17, 2025
s 112..........................................
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s 112A.......................................
am No 108, 2017; No 17, 2018
rep
s 112B.......................................
am No 108, 2017; No 17, 2018
rep
s 113..........................................
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s 114..........................................
am No 40, 2022
rep
s 114A.......................................
am No 108, 2017; No 17, 2018
rep
s 114B.......................................
am No 17, 2018
rep
s 114C.......................................
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rep
s 114D.......................................
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rep
s 115..........................................
am
s 116..........................................
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s 117..........................................
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s 118..........................................
am No 17, 2018;
s 119..........................................
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ed C9
s 120..........................................
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rep
s 121A.......................................
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s 121B.......................................
ad No 108, 2017
s 122A.......................................
am No 17, 2018;
s 123..........................................
ed C12
s 124A.......................................
rep No 17, 2018
s 124..........................................
am
s 125..........................................
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s 127..........................................
am No 17, 2018;
s 128..........................................
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s 128A.......................................
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s 129..........................................
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rep No 17, 2025
s 129A.......................................
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rs No 17, 2025
am
s 132A.......................................
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s 133..........................................
am
s 137..........................................
am No 17, 2018;
s 140..........................................
am No 17, 2018;
s 141..........................................
am No 108, 2017
s 142..........................................
am No 108, 2017;
s 143..........................................
am No 17, 2018;
s 144..........................................
am
s 144A.......................................
am No 59, 2017; No 42, 2019;
s 144B.......................................
am No 17, 2018;
s 144C.......................................
am
s 145..........................................
am
s 146..........................................
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rep
s 147..........................................
am No 28, 2017; No 108, 2017
rs No 17, 2018
s 148..........................................
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rep
s 149..........................................
am
s 150..........................................
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s 151..........................................
am No 28, 2017; No 108, 2017
rs No 135, 2018
rep
s 151AA.....................................
ad No 135, 2018
rep
s 151A.......................................
am No 28, 2017; No 128, 2017; No 17, 2018; No 135, 2018; No 104, 2020; No 34, 2022; No 103, 2023; No 17, 2025; No 45, 2025
rep
s 152..........................................
am No 40, 2022;
s 153..........................................
rep No 17, 2018
s 154..........................................
am
Division 4..................................
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s 155..........................................
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s 156..........................................
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s 157..........................................
am No 108, 2017
s 158..........................................
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s 159..........................................
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s 160..........................................
am No 128, 2017; No 40, 2022;
s 161..........................................
am No 108, 2017;
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