Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019 (Cth)

Safety, Rehabilitation and Compensation (Defence‑related Claims) Regulations 2019

made under the

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

Compilation No. 1

Compilation date:5 October 2023

Includes amendments up to:F2023L01357

Registered:11 October 2023

About this compilation

This compilation

This is a compilation of the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019 that shows the text of the law as amended and in force on 5 October 2023 (the compilation date).

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

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

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

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1Name

This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019.

3Authority

This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

4Definitions

In this instrument:

Act means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.

5Forms of medical treatment

1. (1)

   For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:

   1. (a)

      an occupational therapist;

   2. (b)

      an optometrist;

   3. (c)

      a podiatrist;

   4. (d)

      a psychologist;

   5. (e)

      a speech therapist or speech pathologist.

2. (2)

   A person mentioned in any of paragraphs (1)(a) to (e) meets the requirements of this subsection if the person is:

   1. (a)

      registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or

   2. (b)

      if there is no such authority—a member of a relevant professional association.

Part 2—Compensation

5APrescribed kinds of cancer

For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.

Prescribed kinds of cancer
Item	Disease	Qualifying period
1	Primary site lung cancer	15 years
2	Primary site skin cancer	15 years
3	Primary site cervical cancer	10 years
4	Primary site ovarian cancer	10 years
5	Primary site penile cancer	15 years
6	Primary site pancreatic cancer	10 years
7	Primary site thyroid cancer	10 years
8	Malignant mesothelioma	15 years

6Prescribed index – further annual increase in normal weekly earnings after cessation of employment

For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.

7Manner of calculating further annual increase—indexation after cessation of employment

For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:

where:

F is the greater of the following:

1. (a)

   the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;

2. (b)

   1.000.

index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the year immediately before the indexation date.

previous index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the previous year.

WE is the normal weekly earnings that applied immediately before the indexation date.

Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.

8Prescribed index—further annual increase in normal weekly earnings in certain other cases

For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.

9Manner of calculating further annual increase—indexation in certain other cases

For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:

where:

F is the greater of the following:

1. (a)

   the number (worked out to 4 decimal places and rounded to 3 decimal places) obtained by dividing the index number by the previous index number;

2. (b)

   1.000.

index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.

previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.

WE is the normal weekly earnings that applied immediately before the indexation date.

Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.

Part 3—Miscellaneous

10Appropriate officer for giving notice of retirement of employee

For the purposes of paragraph 114A(2)(b) of the Act, the Chief of the Defence Force is the appropriate officer in relation to a member of the Defence Force.

Part 4—Application, saving and transitional provisions

Division 1—Repeals

11Repeal of instrument taken to be made under the Act

The Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the Act under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 is taken to be repealed.

Note: The Safety, Rehabilitation and Compensation Regulations 2002 was in force for the purposes of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 because of item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.

Division 2—Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023

12Application

Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.

Endnotes

Endnote 1—About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

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 Legislation Act 2003.

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.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Safety, Rehabilitation and Compensation (Defence‑related Claims) Regulations 2019	13 Aug 2019 (F2019L01060)	14 Aug 2019 (s 2(1) item 1)
Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023	4 Oct 2023 (F2023L01357)	5 Oct 2023 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s 2.............................................	rep LA s 48D
Part 2
s 5A...........................................	ad F2023L01357
Part 4
Part 4 heading.............................	rs F2023L01357
Division 1
Division 1 heading......................	ad F2023L01357
Division 2
Division 2..................................	ad F2023L01357
s 12............................................	ad F2023L01357