Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 (Cth)
This is a compilation of the
This compilation was prepared on 5 March 2015.
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( 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 series page on ComLaw for the compiled law.
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.
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 series page on ComLaw for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 .
(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.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2013 |
Schedules 1 to 8 | 1 July 2013. | 1 July 2013 |
Schedule 9 | The day this Act receives the Royal Assent. | 28 June 2013 |
Schedule 10 | 1 July 2013. | 1 July 2013 |
Schedule 11 | 10 December 2013. | 10 December 2013 |
Schedule 12 | 1 July 2013. | 1 July 2013 |
Schedule 13 | The 28th day after this Act receives the Royal Assent. | 26 July 2013 |
Schedules 14 to 16 | The day this Act receives the Royal Assent. | 28 June 2013 |
Note: This table relates only to the provisions of this Act as originally enacted.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.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 — Rehabilitation and transition management
Repeal the definition.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit:
A case manager is appointed under Part 5 to assist a full‑time member move to civilian life if the member is likely to be discharged from the Defence Force.
substitute:
A case manager is appointed under Part 5 to assist a Permanent Forces member, a continuous full‑time Reservist or a part‑time Reservist move to civilian life if the person is likely to be discharged from the Defence Force.
Omit “service chief of each arm of the Defence Force”, substitute “Chief of the Defence Force”.
Omit “the person’s service chief for”, substitute “subject to paragraph (aa), the Chief of the Defence Force for”.
Omit “or a continuous full‑time Reservist”, substitute “, a continuous full‑time Reservist or a part‑time Reservist”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Insert:
(aa) if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time—the Commission for that time; or
Add:
(4) A determination made under paragraph (3)(aa) is not a legislative instrument.
Omit:
Most decisions under this Part are made by the person’s rehabilitation authority. The rehabilitation authority is either the person’s service chief or the Commission.
substitute:
Most decisions under this Part are made by the person’s rehabilitation authority. The rehabilitation authority is either the Chief of the Defence Force or the Commission.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Repeal the section, substitute:
Under this Part, a case manager is appointed to assist a Permanent Forces member, a continuous full‑time Reservist or a part‑time Reservist move from the Defence Force to civilian life if the member or Reservist is likely to be discharged from the Defence Force for medical reasons (whether or not as a result of a service injury or disease).
Omit “or a continuous full‑time Reservist”, substitute “, a continuous full‑time Reservist or a part‑time Reservist”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Repeal the note, substitute:
Note 2: If the Chief of the Defence Force has advised the Commission under section 10 that a person is unlikely to be able to perform the duties of a part‑time Reservist in the future, the person might be entitled to compensation under Part 4.
Omit “member’s service chief”, substitute “Chief of the Defence Force”.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
20
Subsection 96(3) (definition of pay‑related allowance days ) Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit “Reservist’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
33
Subsection 188(6) (definition of cessation date ) Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “service chief”, substitute “Chief of the Defence Force”.
Omit “member’s service chief”, substitute “Chief of the Defence Force”.
Omit “member’s service chief”, substitute “Chief of the Defence Force”.
Omit:
The Commission can require information or documents that are relevant to a claim to be provided. A service chief or a person who has made a claim can require the Commission to provide information or documents that are relevant to a claim.
substitute:
The Commission can require information or documents that are relevant to a claim to be provided. The Chief of the Defence Force or a person who has made a claim can require the Commission to provide information or documents that are relevant to a claim.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “member or former member’s service chief”, substitute “Chief of the Defence Force”.
Omit “deceased member’s service chief”, substitute “Chief of the Defence Force”.
Repeal the heading, substitute:
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit:
Most determinations made by the Commission (the
original determinations ) can be reconsidered and reviewed. This also applies to decisions of service chiefs about rehabilitation.
substitute:
Most determinations made by the Commission (the
original determinations ) can be reconsidered and reviewed. This also applies to decisions of the Chief of the Defence Force about rehabilitation.
Omit:
The Commission or a service chief must give notice of an original determination to the claimant. The notice must set out the terms of and the reasons for the determination and the claimant’s rights to apply for reconsideration or review.
substitute:
The Commission or the Chief of the Defence Force must give notice of an original determination to the claimant. The notice must set out the terms of and the reasons for the determination and the claimant’s rights to apply for reconsideration or review.
Omit:
The Commission or a service chief can also initiate reconsideration of original determinations made by the Commission or the service chief.
substitute:
The Commission or the Chief of the Defence Force can also initiate reconsideration of original determinations made by the Commission or the Chief of the Defence Force.
47 Subsection 345(1) (paragraph (b) of the definition of original determination ) Omit “a service chief”, substitute “the Chief of the Defence Force”.
48 Subsection 345(1) (paragraph (b) of the definition of original determination ) Omit “the service chief”, substitute “the Chief of the Defence Force”.
Omit “relevant service chief”, substitute “Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “the service chief”, substitute “the Chief of the Defence Force”.
Omit “service chief”, substitute “Chief of the Defence Force”.
Repeal the heading, substitute:
Omit “A service chief”, substitute “The Chief of the Defence Force”.
Omit “the service chief”, substitute “the Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “the service chief”, substitute “the Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “that service chief”, substitute “the Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “that service chief”, substitute “the Chief of the Defence Force”.
Repeal the heading, substitute:
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “relevant service chief”, substitute “Chief of the Defence Force”.
Omit “relevant service chief”, substitute “Chief of the Defence Force”.
Omit “relevant service chief”, substitute “Chief of the Defence Force”.
Omit “relevant service chief if the service chief”, substitute “Chief of the Defence Force if the Chief of the Defence Force”.
Omit “service chief”, substitute “Chief of the Defence Force”.
Omit “relevant service chief”, substitute “Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “person’s service chief”, substitute “Chief of the Defence Force”.
Omit “A service chief”, substitute “The Chief of the Defence Force”.
Repeal the section, substitute:
Delegation by Chief of the Defence Force
(1) 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 the service chief of an arm of the Defence Force.
Delegation by service chiefs
(2) A service chief to whom functions or powers under a provision of this Act are delegated under subsection (1) may, in writing, delegate any of those functions or powers to:
(a) a person:
(i) who is engaged under the
Public Service Act 1999 and performing duties in the Department administered by the Defence Minister or the Veterans’ Affairs Minister; and(ii) whose duties relate to matters to which the provision relates; or
(b) a member of the Defence Force whose duties relate to matters to which the provision relates.
Chief of the Defence Force is the final decision‑maker
(3) A function or power that is performed or exercised by a person under a delegation under subsection (2) is taken, for the purposes of this Act, to have been performed or exercised by the Chief of the Defence Force.
(1) Part 2 of Chapter 3 of the
Military Rehabilitation and Compensation Act 2004 applies, on and after the commencement of item 6, in relation to a part‑time Reservist, where the liability referred to in paragraph 43(1)(b) of that Act was accepted before, on or after the commencement of that item.(2) The amendment made by item 13 applies in relation to:
(a) a part‑time Reservist identified, on or after the commencement of that item, as being likely to be discharged from the Defence Force for medical reasons; and
(b) a part‑time Reservist identified, before the commencement of that item, as being likely to be discharged from the Defence Force for medical reasons, where he or she has not been so discharged before that commencement.
(1) A thing done by, or in relation to, a service chief under the
Military Rehabilitation and Compensation Act 2004 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, the Chief of the Defence Force under that Act.(2) Subitem (1) does not apply in relation to an instrument of delegation under section 438 of that Act.
Repeal the definition, substitute:
service chief means the service chief of an arm of the Defence Force.
Omit “employee’s service chief”, substitute “Chief of the Defence Force”.
Omit “a service chief”, substitute “the Chief of the Defence Force”.
Omit “service chief” (wherever occurring), substitute “Chief of the Defence Force”.
Omit “service chief”, substitute “Chief of the Defence Force”.
Insert:
(ba) the Chief of the Defence Force; or
Repeal the subsection, substitute:
(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 service chief.
(3) A service chief to whom functions or powers under a provision of this Act are delegated under subsection (2) may, in writing, delegate any of those functions or powers to a person to whom the service chief can, under subsection 438(2) of the MRCA, delegate functions or powers delegated to the service chief under subsection 438(1) of the MRCA.
(4) A function or power that is performed or exercised by a person under a delegation under subsection (3) is taken, for the purposes of this Act, to have been performed or exercised by the Chief of the Defence Force.
(1) A thing done by, or in relation to, a service chief under Part XI of the
Safety, Rehabilitation and Compensation Act 1988 before the commencement of this item has effect, after that commencement, as if it had been done by, or in relation to, the Chief of the Defence Force under that Part.(2) Subitem (1) does not apply in relation to an instrument of delegation under subsection 152(2) of that Act.
Omit “10 impairment points”, substitute “the number of impairment points required for the person to become entitled to compensation under section 68 or 71”.
Omit “10”.
Omit “(but not having regard to the effect of the injuries or diseases on the person’s lifestyle)”, substitute “and after assessing the effect of the injuries or diseases on the person’s lifestyle”.
Omit “10 impairment points”, substitute “the number of impairment points required for the person to become entitled to compensation under section 68 or 71”.
After “section 68”, insert “, to the extent the compensation is in respect of a service injury or disease,”.
Repeal the paragraph, substitute:
(a) the date on which a claim was made under section 319 for acceptance of liability for the injury or disease; and
After “subsection 71(1)”, insert “, to the extent the compensation is in respect of a service injury or disease,”.
Repeal the paragraph, substitute:
(a) the date on which a claim was made under section 319 for acceptance of liability for the injury or disease; and
Omit “in relation to a deterioration in a person’s condition”, substitute “, to the extent the compensation is in respect of a deterioration in a service injury or disease,”.
Repeal the paragraph, substitute:
(a) the date on which the Commission was notified of the deterioration in the service injury or disease; and
After “section 75”, insert “, to the extent the compensation is in respect of a service injury or disease,”.
Repeal the paragraph, substitute:
(a) the date on which a claim was made under section 319 for acceptance of liability for the injury or disease; and
13
Application and transitional provisions—interim compensation and dates of effect
(1) The amendments made by items 1, 2 and 4 apply in relation to a claim for compensation that is made on or after 1 July 2013.
(2) The amendment made by item 3 applies in relation to a determination that is made under subsection 75(2) of the
Military Rehabilitation and Compensation Act 2004 on or after 1 July 2013, to the extent that the interim compensation is in respect of days that occur on or after 1 July 2013.
(3) If:
(a) immediately before the commencement of this item, a weekly amount of interim compensation was payable to a person under subsection 75(2) of the
Military Rehabilitation and Compensation Act 2004 ; and(b) before the commencement of this item, the person had not made a choice under section 78 of that Act in relation to that weekly amount; and
(c) immediately before the commencement of this item, the Commission was not satisfied that the one or more injuries or diseases concerned had all stabilised;
then:
(d) the Commission must, as soon as practicable after the commencement of this item, determine the weekly amount of interim compensation under subsection 75(2) of that Act (as amended by this Act); and
(e) that amount is payable to the person under that subsection for days on or after 1 July 2013; and
(f) the Commission must, as soon as practicable after the commencement of this item, give the person a notice under subsection 76(1) of that Act in relation to that determination; and
(g) any notice given to the person under subsection 76(1) of that Act, before the commencement of this item, in relation to the weekly amount of interim compensation payable to the person under subsection 75(2) of that Act immediately before that commencement, is taken to have been withdrawn.
(4) The amendments made by items 5 and 6 apply, in relation to a service injury or disease of a person, where the Commonwealth first becomes liable to pay compensation to the person under section 68 of the
Military Rehabilitation and Compensation Act 2004 , in relation to that injury or disease, on or after the commencement of those items.(5) The amendments made by items 7 and 8 apply, in relation to a service injury or disease of a person, where the Commonwealth first becomes liable to pay additional compensation to the person under subsection 71(1) of the
Military Rehabilitation and Compensation Act 2004 , in relation to that injury or disease, on or after the commencement of those items.(6) The amendments made by items 9 and 10 apply, in relation to a deterioration in a service injury or disease of a person, where the Commonwealth first becomes liable to pay additional compensation to the person under subsection 71(2) of the
Military Rehabilitation and Compensation Act 2004 , in relation to that deterioration, on or after the commencement of those items.(7) The amendments made by items 11 and 12 apply, in relation to a service injury or disease of a person, where the Commonwealth first becomes liable to pay interim compensation to the person under section 75 of the
Military Rehabilitation and Compensation Act 2004 , in relation to that injury or disease, on or after the commencement of those items.
14
Transitional provision—recalculation of amounts paid before 1 July 2013 If:
(a) before 1 July 2013, either or both of the following is paid to a person:
(i) a weekly amount of compensation under Part 2 of Chapter 4 of the
Military Rehabilitation and Compensation Act 2004 ;(ii) a lump sum under section 78 of that Act; and
(b) before, on or after 1 July 2013, the Commission, under subsection 67(3) of that Act, makes an instrument amending or substituting Chapter 25 of the guide referred to in section 67 of that Act and the instrument takes effect on 1 July 2013; and
(c) as a result of the amendments, the Commission recalculates the amount of the weekly amount, the lump sum or both; and
(d) as a result of the recalculation, a lump sum under that Act is paid to the person;
then section 79 of that Act does not apply in relation to the payment of the lump sum mentioned in paragraph (d).
Omit:
Division 2 provides the partner with a choice between compensation as a lump sum or as a weekly amount. The Division also provides additional lump sum compensation for a partner if the deceased member died from a service death.
substitute:
Division 2 provides that compensation is payable weekly, but that the partner may choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum. Division 2 also provides additional lump sum compensation for a partner if the deceased member died from a service death.
Repeal the paragraph, substitute:
(b) in any case—subject to section 236, the weekly amount mentioned in subsection (5) of this section.
Repeal the note, substitute:
Note: Section 236 allows the partner to choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum.
Repeal the subsection.
Omit “subparagraph (1)(b)(ii)”, substitute “paragraph (1)(b)”.
6
Subsection 234(7) (definition of partner’s age‑based number ) Omit “or (b)”.
Repeal the heading, substitute:
Repeal the paragraph.
Omit “subparagraph 234(1)(b)(ii)”, substitute “paragraph 234(1)(b)”.
Repeal the paragraph, substitute:
(c) advising the partner that he or she can choose, under section 236, to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum in accordance with that section; and
(ca) advising the partner of the amount of the lump sum that would be payable to the partner in each of those cases; and
Repeal the heading, substitute:
Repeal the subsection, substitute:
(1) A partner who receives a notice under section 235 may choose to convert 25%, 50%, 75% or 100% of the weekly amount to a lump sum.
Repeal the subsections, substitute:
(4) The Commission may, either before or after the end of that period, extend the period within which the choice must be made if it considers there are special circumstances for doing so.
Amount of lump sum
(5) The amount of the lump sum is worked out using the following formula:
where:
appropriate percentage means the percentage chosen by the partner under subsection (1).
partner’s age‑based number , in respect of a lump sum, means the number that is advised by the Australian Government Actuary by reference to the partner’s age at the date of the member’s death.
No lump sum for legal personal representative of a deceased partner
(6) The legal personal representative of a deceased partner is not entitled to choose to convert any percentage of the weekly amount that was payable to the deceased partner to a lump sum.
Effect on weekly payment of choosing a lump sum
(7) If a partner who receives a notice under section 235 chooses to convert 100% of the weekly amount to a lump sum, then, as soon as practicable after the choice is made, the weekly amount ceases to be payable to the partner.
(8) If a partner who receives a notice under section 235 chooses to convert 25%, 50% or 75% of the weekly amount to a lump sum, then, as soon as practicable after the choice is made, the weekly amount must be reduced accordingly.
Repeal the section.
Repeal the paragraph, substitute:
(b) at any time and in respect of the member’s death, the person chose under section 236 to convert a percentage of the weekly amount mentioned in paragraph 234(1)(b) to a lump sum.
Repeal the note, substitute:
Note 2: The legal personal representative of a deceased partner cannot convert compensation for a member’s death to a lump sum (see section 236).
Repeal the paragraph, substitute:
(hc) a payment of the weekly amount mentioned in paragraph 234(1)(b) of the
Military Rehabilitation and Compensation Act 2004 (including a reduced weekly amount because of a choice under section 236 of that Act) or of a lump sum mentioned in subsection 236(5) of that Act;
Omit “a weekly amount mentioned in paragraph 234(1)(b) of the
Military Rehabilitation and Compensation Act 2004 , or has received a lump sum mentioned in that paragraph”, substitute “the weekly amount mentioned in paragraph 234(1)(b) of theMilitary Rehabilitation and Compensation Act 2004 (including a reduced weekly amount because of a choice under section 236 of that Act) or has received a lump sum mentioned in subsection 236(5) of that Act”.
Repeal the paragraph, substitute:
(b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and
Repeal the paragraph, substitute:
(b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and
Repeal the paragraph, substitute:
(b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and
Repeal the paragraph, substitute:
(b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
After “Paragraph 234(1)(b)”, insert “or subsection 236(5)”.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Omit “has received a lump sum, or is receiving weekly amounts, mentioned in paragraph 234(1)(b) of the MRCA”, substitute “is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA”.
Repeal the paragraph, substitute:
(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Omit “compensation mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act”, substitute “the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act (including a reduced weekly amount because of a choice under section 236 of that Act) or a lump sum mentioned in subsection 236(5) of that Act”.
Repeal the paragraph, substitute:
(c) the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act (including a reduced weekly amount because of a choice under section 236 of that Act).
Omit “has received a lump sum, or is receiving a weekly amount, mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act”, substitute “is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA”.
Omit “has received a lump sum, or is receiving a weekly amount, mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act”, substitute “is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA”.
37
Section 1067G (table items 4A and 20A in Module L of the Youth Allowance Rate Calculator) After “Paragraph 234(1)(b)”, insert “or subsection 236(5)”.
38 Subsection 5E(1) (subparagraph (b)(ii) of the definition of war widow ) Repeal the subparagraph, substitute:
(ii) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
39 Subsection 5E(1) (subparagraph (b)(ii) of the definition of war widower ) Repeal the subparagraph, substitute:
(ii) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
40 Subsection 5H(1) (paragraphs (ca) and (cb) of the definition of adjusted income ) Repeal the paragraphs, substitute:
(ca) if compensation under section 233 of the MRCA is payable to the person and the person has not made a choice under section 236 of the MRCA—any payment of the weekly amount mentioned in paragraph 234(1)(b) of the MRCA; and
(cb) if compensation under section 233 of the MRCA is payable to the person and the person has made a choice under section 236 of the MRCA—any weekly amount mentioned in paragraph 234(1)(b) of the MRCA that the person would have been paid if the person had not made that choice; and
Omit “subparagraph 234(1)(b)(i), or of a weekly amount mentioned in subparagraph 234(1)(b)(ii), of the MRCA”, substitute “subsection 236(5) of the MRCA or of the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA)”.
42
Subsection 5Q(1) (paragraph (b) of the definition of war widow/war widower—pensioner ) Repeal the paragraph, substitute:
(b) a person who is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or who has received a lump sum mentioned in subsection 236(5) of the MRCA.
Omit “a lump sum mentioned in paragraph 234(1)(b) of the MRCA, or a weekly amount mentioned in that paragraph”, substitute “the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA), or a lump sum mentioned in subsection 236(5) of the MRCA”.
Omit “subparagraph 234(1)(b)(i)”, substitute “subsection 236(5)”.
Omit “a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA”, substitute “the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA)”.
Omit “a lump sum or a weekly amount mentioned in paragraph 234(1)(b) of the MRCA”, substitute “the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or a lump sum mentioned in subsection 236(5) of the MRCA”.
Omit “lump sum or weekly amount”, substitute “weekly amount or lump sum”.
Omit “subparagraph 234(1)(b)(ii) of the MRCA”, substitute “paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA)”.
In this Part:
old lump sum means a lump sum mentioned in subparagraph 234(1)(b)(i) of theMilitary Rehabilitation and Compensation Act 2004 (as in force before the commencement of this Part), whether that lump sum is paid before, on or after that commencement.
50
Lump sum choice made before commencement—old law continues to apply (1) The amendment made by item 12 does not affect the validity of a choice made before the commencement of that item under section 236 of the
Military Rehabilitation and Compensation Act 2004 .(2) Division 2 of Part 2 of Chapter 5 of the
Military Rehabilitation and Compensation Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a choice mentioned in subitem (1).
51
Lump sum choice not made before commencement—new notice to be given If:
(a) before the commencement of this item, the Commission gave a wholly dependent partner of a deceased member a notice (the
old notice ) under section 235 of theMilitary Rehabilitation and Compensation Act 2004 ; and(b) immediately before that commencement, the partner had not made a choice under section 236 of that Act; and
(c) immediately before that commencement, the period for making that choice had not ended;
then:
(d) the old notice is taken to have been withdrawn; and
(e) as soon as practicable after that commencement, the Commission must give the partner a written notice under section 235 of that Act (as amended by this Act).
52
Preserving things done before commencement— Military Rehabilitation and Compensation Act 2004 If:
(a) a choice was made before the commencement of this item under section 236 of the
Military Rehabilitation and Compensation Act 2004 ; and(b) the choice was to be paid a lump sum;
then paragraph 301(5)(b) of that Act applies, on and after that commencement, as if the choice were a choice of the kind referred to in that paragraph.
53
Preserving things done before commencement— A New Tax System (Family Assistance) Act 1999 Paragraph 7(hc) of Schedule 3 to the
A New Tax System (Family Assistance) Act 1999 applies on and after the commencement of this item as if a reference to a lump sum mentioned in subsection 236(5) of theMilitary Rehabilitation and Compensation Act 2004 included a reference to an old lump sum.
54
Preserving things done before commencement— Farm Household Support Act 1992 Subsection 12(4A) of the
Farm Household Support Act 1992 applies on and after the commencement of this item as if a reference to a lump sum mentioned in subsection 236(5) of theMilitary Rehabilitation and Compensation Act 2004 included a reference to an old lump sum.
55
Preserving things done before commencement— Social Security Act 1991 (1) The following provisions of the
Social Security Act 1991 apply on and after the commencement of this item as if a reference to a lump sum mentioned in subsection 236(5) of theMilitary Rehabilitation and Compensation Act 2004 included a reference to an old lump sum:
(a) paragraph 47(7)(b);
(b) paragraph 103(7)(b);
(c) paragraph 151(7)(b);
(d) paragraph 202(7)(b);
(e) paragraph 500S(5)(b);
(f) paragraph 552(3)(b);
(g) paragraph 578(4)(b);
(h) paragraph 614(3B)(b);
(i) paragraph 660YCF(6)(b);
(j) paragraph 686(4A)(b);
(k) paragraph 735(5)(b);
(l) subsection 771HI(4);
(m) paragraph 787(5)(b);
(n) subparagraph 1061PE(4)(e)(viii);
(o) paragraph 1064(7)(a);
(p) paragraph 1065(6)(a).
(2) The following provisions of the
Social Security Act 1991 apply on and after the commencement of this item as if a reference to subsection 236(5) of theMilitary Rehabilitation and Compensation Act 2004 included a reference to subparagraph 234(1)(b)(i) of theMilitary Rehabilitation and Compensation Act 2004 (as in force before the commencement of this Part):
(a) section 573A (table item 4A);
(b) section 1067G (table items 4A and 20A in Module L of the Youth Allowance Rate Calculator).
56
Preserving things done before commencement— Veterans’ Entitlements Act 1986 (1) The following provisions of the
Veterans’ Entitlements Act 1986 apply on and after the commencement of this item as if a reference to a lump sum mentioned in subsection 236(5) of theMilitary Rehabilitation and Compensation Act 2004 included a reference to an old lump sum:
(a) subparagraph (b)(ii) of the definition of
war widow in subsection 5E(1);(b) subparagraph (b)(ii) of the definition of
war widower in subsection 5E(1);(c) paragraph 5H(8)(zu);
(d) paragraph (b) of the definition of
war widow/war widower—pensioner in subsection 5Q(1);(e) paragraph 45N(1)(d);
(f) subparagraph 45R(2)(a)(ii);
(g) subparagraph 45TB(3)(a)(iii).
(2) If a choice was made before the commencement of this item under section 236 of the
Military Rehabilitation and Compensation Act 2004 (theMRCA ), then:
(a) if the choice was to be paid the weekly amount—paragraph (ca) of the definition of
adjusted income in subsection 5H(1) of theVeterans’ Entitlements Act 1986 applies, on and after that commencement, as if the person had not made a choice under section 236 of the MRCA (as amended by this Schedule); and(b) if the choice was to be paid the lump sum—paragraph (cb) of that definition is taken to apply, on and after that commencement, as if the choice were a choice under section 236 of the MRCA (as amended by this Schedule).
Omit “$66”, substitute “$135.34”.
Omit “$66”, substitute “$135.34”.
3
No indexation of amount for indexation year commencing on 1 July 2013 The dollar amount mentioned in section 254 of the
Military Rehabilitation and Compensation Act 2004 , as inserted by item 1 of this Schedule, is not to be indexed for the indexation year commencing on 1 July 2013 in accordance with Part 1 of Chapter 11 of that Act.Note: Indexation of that dollar amount will occur for the indexation year commencing on 1 July 2014 and later indexation years.
Insert:
practising lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and who holds a practising certificate (however described) entitling the person to practise that profession.
Repeal the heading, substitute:
Financial advice
Before “The”, insert “(1)”.
Repeal the paragraph, substitute:
(c) the financial advice was obtained from a suitably qualified financial adviser after the Commission had made the determination; and
(ca) the financial advice was obtained in respect of the choice the person may make under subsection 78(1); and
Add:
Legal advice
(2) The Commonwealth is liable to pay compensation for the cost of legal advice obtained by a person if:
(a) the Commonwealth is liable to pay compensation to the person under section 68, 71 or 75; and
(b) the Commission determines that the impairment suffered by the person as a result of one or more service injuries or diseases constitutes at least 50 impairment points; and
(c) the legal advice was obtained from a practising lawyer after the Commission had made the determination; and
(d) the legal advice was obtained in respect of the choice the person may make under subsection 78(1); and
(e) a claim for compensation in respect of the person has been made under section 319.
Repeal the heading, substitute:
Insert:
Financial advice
Omit “section 81”, substitute “subsection 81(1)”.
Omit “However, the total amount must not exceed $1,200.”.
Repeal the note.
Repeal the subsection, substitute:
Legal advice
(2) The Commission must determine an amount of compensation under subsection 81(2) for the cost of the legal advice that it considers reasonable.
Limit
(3) The sum of the total amount of compensation under subsections 81(1) and (2) in respect of the person must not exceed $2,400.
Note: The amount of $2,400 is indexed under section 404.
(4) The amount of $2,400 applies both to financial advice and legal advice under this Part for the person and financial advice and legal advice under Part 6 (Special Rate Disability Pension) for the person if the date specified in the first notice given to the person under section 76, and the date on which the offer under Part 6 was made, are the same.
After “cost of financial advice”, insert “or legal advice”.
Omit “financial”.
Omit “financial” (wherever occurring).
After “financial advice”, insert “, legal advice”.
Repeal the heading, substitute:
Financial advice
Before “The”, insert “(1)”.
Add:
Legal advice
(2) The Commonwealth is liable to pay compensation for the cost of legal advice obtained by a person if:
(a) the legal advice was obtained from a practising lawyer; and
(b) the legal advice was obtained in respect of the choice the person may make under this Part; and
(c) a claim for compensation in respect of the person has been made under section 319.
Repeal the heading, substitute:
Insert:
Financial advice
Omit “section 205”, substitute “subsection 205(1)”.
Omit “The total amount must not exceed $1,200.”.
Repeal the note.
Repeal the subsection, substitute:
Legal advice
(2) The Commission must determine the amount of compensation under subsection 205(2) for the cost of the legal advice that it considers reasonable.
Limit
(3) The sum of the total amount of compensation under subsections 205(1) and (2) in respect of the person must not exceed $2,400.
Note: The amount of $2,400 is indexed under section 404.
(4) The amount of $2,400 applies both to financial advice and legal advice under this Part and financial advice and legal advice under Part 2 if the day on which the offer under this Part was made, and the day specified in the first notice given to the person under section 76, are the same.
After “cost of financial advice”, insert “or legal advice”.
Omit “financial”.
Omit “financial” (wherever occurring).
Omit:
Division 3 provides compensation for the cost of financial advice obtained for a partner who is entitled to compensation under Division 2.
substitute:
Division 3 provides compensation for the cost of financial advice and legal advice obtained for a partner who is entitled to compensation under Division 2.
Repeal the heading, substitute:
Repeal the heading, substitute:
Financial advice
Before “The”, insert “(1)”.
Insert:
(ba) the financial advice was obtained in respect of the choice the partner may make under subsection 236(1); and
Add:
Legal advice
(2) The Commonwealth is liable to pay compensation for the cost of legal advice obtained by a wholly dependent partner of a deceased member if:
(a) the partner is entitled to compensation under section 233; and
(b) the legal advice was obtained from a practising lawyer after the member’s death; and
(c) the legal advice was obtained in respect of the choice the partner may make under subsection 236(1); and
(d) a claim for compensation in respect of the partner has been made under section 319.
Repeal the heading, substitute:
Financial advice
Before “The Commission”, insert “(1)”.
Omit “section 239”, substitute “subsection 239(1)”.
Omit “The total amount (including all previous amounts paid in respect of the partner under this section) must not exceed $1,200.”.
Repeal the note.
Add:
Legal advice
(2) The Commission must determine the amount of compensation under subsection 239(2) for the cost of the legal advice that it considers reasonable.
Limit
(3) The sum of the total amount of compensation under subsections 239(1) and (2) in respect of the partner must not exceed $2,400.
Note: The amount of $2,400 is indexed under section 404.
After “for the cost of the financial advice”, insert “or legal advice”.
Omit “financial”.
Omit “financial” (wherever occurring).
Repeal the paragraph, substitute:
(c) subsection 82(3);
Repeal the paragraph, substitute:
(e) subsection 206(3);
Repeal the paragraph, substitute:
(i) subsection 240(3);
The amendments made by items 2 to 42 apply in relation to financial advice or legal advice obtained on or after the commencement of those items.
47
No indexation of amounts for indexation year commencing on 1 July 2013 The dollar amounts mentioned in subsections 82(3), 206(3) and 240(3) of the
Military Rehabilitation and Compensation Act 2004 , as amended by this Schedule, are not to be indexed for the indexation year commencing on 1 July 2013 in accordance with Part 1 of Chapter 11 of that Act.Note: Indexation of those dollar amounts will occur for the indexation year commencing on 1 July 2014 and later indexation years.
After “financial advice”, insert “or legal advice”.
Repeal the paragraph, substitute:
(a) at least one of the following applies:
(i) the person is receiving compensation worked out under Division 2 of Part 4 as a result of one or more service injuries or diseases;
(ii) the amount, under section 126, of the person’s compensation for a week, as a result of one or more service injuries or diseases, is nil or a negative amount;
(iii) the person has been paid a lump sum under section 138 in respect of the person’s incapacity for work as a result of one or more service injuries or diseases;
Insert:
Permanent impairment compensation
Omit “The reduction”, substitute “There is a reduction that”.
Insert:
Commonwealth superannuation
Omit “further”.
Add:
Relationship with subsection 415(4)
(7) This section does not limit the application of subsection 415(4) in relation to a Special Rate Disability Pension.
Note: Subsection (7) has the effect that if the maximum weekly amount of a Special Rate Disability Pension is reduced in accordance with this section, that amount may be further reduced in accordance with subsection 415(4).
Insert:
(1) This section applies if the Commission makes a determination under subsection 203(1) in relation to a person where subparagraph 199(1)(a)(iii) applies.
(2) An amount, equal to so much of the lump sum under section 138 as is worked out in accordance with a legislative instrument made by the Commission under this subsection, is taken to be an amount of compensation that should not have been paid to the person.
Note 1: Section 415 allows the Commission to recover that amount as a debt due to the Commonwealth and allows that amount to be deducted from an amount that is payable under this Act.
Note 2: Section 1228 of the
Social Security Act 1991 provides that amount is recoverable under that Act by means of deductions from payments under that Act.Note 3: Section 205 of the
Veterans’ Entitlements Act 1986 provides that amount is recoverable under that Act by means of deductions from payments under that Act.
(1) Subparagraph 199(1)(a)(ii) of the
Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, applies in relation to a week ending on or after 1 July 2013.(2) Subparagraph 199(1)(a)(iii) of the
Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, applies in relation to lump sums paid before, on or after 1 July 2013.
1 Subsection 5(1) (before paragraph (a) of the definition of Commonwealth superannuation scheme ) Insert:
(aa) for the purposes of the following provisions:
(i) section 89A;
(ii) Division 7 of Part 3 of Chapter 4;
(iii) sections 416 to 418 (to the extent to which they relate to compensation under Part 3 of Chapter 4);
any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority; or
2 Subsection 5(1) (paragraph (a) of the definition of Commonwealth superannuation scheme ) After “which”, insert “or to which, or retirement savings account to which,”.
3 Subsection 5(1) (paragraph (a) of the definition of Commonwealth superannuation scheme ) Omit “, a Commonwealth authority or a licensed corporation (within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 )”, substitute “or a Commonwealth authority”.4 Subsection 5(1) (paragraph (a) of the definition of Commonwealth superannuation scheme ) Omit “, a Commonwealth authority or a licensed corporation” (last occurring), substitute “or a Commonwealth authority”.
Insert:
retirement savings account means a retirement savings account within the meaning of theRetirement Savings Accounts Act 1997 .
After:
Normal earnings are worked out under Divisions 2 to 6, depending on the member’s current status (for example, as a Permanent Forces member or a Reservist) and their status at the time the service injury or disease occurred.
insert:
Division 7 deals with how to work out the amount of compensation a member receives for a week if the member receives or has received Commonwealth superannuation.
Add “or 89A”.
Omit “worked out under section 89”, substitute “of compensation”.
Add “or 89A”.
Omit “worked out under section 89”, substitute “of compensation”.
Add “or 89A”.
Omit “worked out under section 89”, substitute “of compensation”.
Add:
Note: See subsection (4) for an exception.
Add:
(4) Subsection (1) does not apply if section 89A applies.
15
At the end of Division 1 of Part 3 of Chapter 4 Add:
The amount of compensation that the Commonwealth is liable, under section 85, 86 or 87, to pay for a week to a person who receives either or both a pension or lump sum under a Commonwealth superannuation scheme is worked out in accordance with the following sections:
(a) if the person is receiving only a pension—section 116B;
(b) if the person has received only a lump sum—section 116C;
(c) if the person is receiving a pension and has received a lump sum—section 116D.
Add:
This Division tells you how to work out the amount of compensation a member receives for a week if the member receives or has received Commonwealth superannuation.
The method of working out the amount of compensation depends on whether the member:
(a) is receiving only a Commonwealth superannuation pension (see section 116B); or
(b) has received only a Commonwealth superannuation lump sum (see section 116C); or
(c) has received a lump sum and is receiving a pension (see section 116D).
Basically, the amount of compensation paid is the amount worked out under Division 1 reduced by the amount of superannuation received.
(1) If paragraph 89A(a) applies to a person, the amount of compensation that the Commonwealth is liable, under section 85, 86 or 87, to pay to the person for a week is worked out using the following formula:
(2) In this Division:
Division 1 compensation amount for a person for a week means the amount of compensation the person would have been paid for the week if subsection 89(1) had applied.
superannuation pension amount for a person who receives a pension for a week under a Commonwealth superannuation scheme means:
(a) if the scheme identifies a part of the pension as attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority—the amount of that part; or
(b) in any other case, either:
(i) the amount assessed by the Commission to be the part of the pension that is attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority; or
(ii) if such an assessment cannot be made—the amount of the pension received by the person for the week.
(1) If paragraph 89A(b) applies to a person, the amount of compensation that the Commonwealth is liable, under section 85, 86 or 87, to pay to the person for a week is worked out using the following formula:
(2) In this Division:
superannuation age‑based number for a person who receives a lump sum under a Commonwealth superannuation scheme means the number that is advised by the Australian Government Actuary by reference to the person’s age on the day on which the lump sum is paid.
superannuation lump sum amount for a person who receives a lump sum under a Commonwealth superannuation scheme means:
(a) if the scheme identifies a part of the lump sum as attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority—the amount of that part; or
(b) in any other case, either:
(i) the amount assessed by the Commission to be the part of the lump sum that is attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority; or
(ii) if such an assessment cannot be made—the amount of the lump sum.
Note: Subsection 116B(2) defines
Division 1 compensation amount .
If paragraph 89A(c) applies to a person, the amount of compensation that the Commonwealth is liable, under section 85, 86 or 87, to pay to the person for a week is worked out using the following formula:
Note: Subsection 116B(2) defines
Division 1 compensation amount andsuperannuation pension amount . Subsection 116C(2) definessuperannuation age‑based number andsuperannuation lump sum amount .
If an amount of compensation worked out under this Division is nil or a negative amount, then the Commonwealth is not liable to pay the compensation for the week.
17
Subsection 134(2) (paragraph (a) of the definition of superannuation pension amount ) After “under”, insert “or to”.
18
Subsection 134(2) (paragraph (a) of the definition of superannuation pension amount ) Omit “, a Commonwealth authority or a licensed corporation”, substitute “or a Commonwealth authority”.
19
Subsection 134(2) (subparagraph (b)(i) of the definition of superannuation pension amount ) After “under”, insert “or to”.
20
Subsection 134(2) (subparagraph (b)(i) of the definition of superannuation pension amount ) Omit “, a Commonwealth authority or a licensed corporation”, substitute “or a Commonwealth authority”.
21
Subsection 135(2) (paragraph (a) of the definition of superannuation lump sum amount ) After “under”, insert “or to”.
22
Subsection 135(2) (paragraph (a) of the definition of superannuation lump sum amount ) Omit “, a Commonwealth authority or a licensed corporation”, substitute “or a Commonwealth authority”.
23
Subsection 135(2) (subparagraph (b)(i) of the definition of superannuation lump sum amount ) After “under”, insert “or to”.
24
Subsection 135(2) (subparagraph (b)(i) of the definition of superannuation lump sum amount ) Omit “, a Commonwealth authority or a licensed corporation”, substitute “or a Commonwealth authority”.
Omit “Part 4 or 5”, substitute “Part 3, 4 or 5”.
Insert:
(ia) Division 7 of Part 3 of Chapter 4 (compensation where superannuation received); or
Omit “Part 4 or 5”, substitute “Part 3, 4 or 5”.
Insert:
(ia) Division 7 of Part 3 of Chapter 4 (compensation where superannuation received); or
Compensation provisions (1) The amendments made by items 1, 5, 14, 15 and 16 apply in relation to a week starting on or after 1 July 2013, where the liability to pay compensation under section 85, 86 or 87 of the
Military Rehabilitation and Compensation Act 2004 arose because of a claim for compensation made on or after 1 July 2013.(2) In respect of the amendments made by items 2, 5, 17, 19, 21 and 23:
(a) section 126, Subdivision D of Division 2 of Part 4 of Chapter 4 and section 138 of the
Military Rehabilitation and Compensation Act 2004 apply in relation to a week starting on or after 1 July 2013, where the liability to pay compensation under section 118 of that Act arose because of a claim for compensation made on or after 1 July 2013; and(b) section 204 of that Act applies in relation to a week starting on or after 1 July 2013, where the offer under subsection 199(2) of that Act is made on or after 1 July 2013.
(3) In respect of the amendments made by items 3, 4, 18, 20, 22 and 24:
(a) section 126, Subdivision D of Division 2 of Part 4 of Chapter 4 and section 138 of the
Military Rehabilitation and Compensation Act 2004 apply in relation to a week starting on or after 1 July 2013, where the liability to pay compensation under section 118 of that Act arose because of a claim for compensation made before, on or after 1 July 2013; and(b) section 204 of that Act applies in relation to a week starting on or after 1 July 2013, where the offer under subsection 199(2) of that Act was made before, on or after 1 July 2013.
Retirement provisions (4) In respect of the amendments made by items 1 to 5 and 25 to 28, Division 2 of Part 3 of Chapter 11 of the
Military Rehabilitation and Compensation Act 2004 applies in relation to retirements that occur on or after 1 July 2013.
Add:
Joint claim
(1) If:
(a) a person makes a joint claim under paragraphs 319(1)(a) and (d) in respect of a service injury or a service disease; and
(b) the Commission makes a determination rejecting the claim; and
(c) the person applies to the Board for review of the determination; and
(d) the Board makes a determination, favourable to the person, in relation to the claim, to the extent it relates to paragraph 319(1)(a);
the Board may require the Commission to reconsider the claim, to the extent it relates to paragraph 319(1)(d).
Note: A determination of the Board under paragraph (d) is a reviewable determination and may be reviewed under Part 5.
(2) The Commission must then reconsider the claim, to the extent it relates to paragraph 319(1)(d), and must:
(a) carry out an assessment of the person’s needs under section 325; and
(b) make a determination in relation to the claim, to the extent it relates to paragraph 319(1)(d).
Note: A determination of the Commission under paragraph (b) is an original determination and may be reconsidered under Part 3 or reviewed under this Part.
Separate claims
(3) If:
(a) a person makes a claim under paragraph 319(1)(a) in respect of a service injury or a service disease and, before the Commission has determined that claim, the person makes another claim under paragraph 319(1)(d) in respect of the injury or disease; and
(b) the Commission makes determinations rejecting the claims; and
(c) the person applies to the Board for review of the determinations; and
(d) the Board makes a determination, favourable to the person, in relation to the claim under paragraph 319(1)(a);
the Board may require the Commission to reconsider the claim under paragraph 319(1)(d).
Note: A determination of the Board under paragraph (d) is a reviewable determination and may be reviewed under Part 5.
(4) The Commission must then reconsider the claim under paragraph 319(1)(d) and must:
(a) carry out an assessment of the person’s needs under section 325; and
(b) make a determination in relation to the claim under paragraph 319(1)(d).
Note: A determination of the Commission under paragraph (b) is an original determination and may be reconsidered under Part 3 or reviewed under this Part.
No limit on Board’s powers
(5) This section does not limit the Board’s powers on a review of an original determination.
The amendment made by item 1 applies in relation to determinations of the Board under paragraph 353A(1)(d) or (3)(d) of the
Military Rehabilitation and Compensation Act 2004 on or after the commencement of that item (whether the application to the Board for review was made before, on or after that commencement).
Omit “a person who is”, substitute “2 persons who are”.
Omit “Minister and”, substitute “Minister, each of whom”.
Omit “
member ”, substitute “members ”.
Omit “of the”, substitute “of a”.
Repeal the notes, substitute:
Note: After the commencement date, benefits stop being provided under the SRCA for such aggravations and material contributions (see section 4AA of the SRCA).
Insert:
(2A) Subsection (2) is subject to section 9.
Note: Section 9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.
Repeal the notes, substitute:
Note: After the commencement date, benefits stop being provided under the SRCA for such aggravations and material contributions (see subsection 6A(2A) of the SRCA).
Insert:
(2A) Subsection (2) is subject to section 9.
Note: Section 9 sets out when the MRCA does not apply to aggravations of, or material contributions to, VEA injuries and diseases.
Repeal the section, substitute:
Defence service
(1) If:
(a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
(b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution either:
(i) relates to defence service rendered by the person on or after 1 July 2013; or
(ii) relates to defence service rendered by the person before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(2) To avoid doubt, defence service is rendered before, and on or after, 1 July 2013 whether the service spans that day or is rendered during separate periods before and on or after that day.
(3) If:
(a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
(b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution either:
(i) related to defence service rendered by the person on or after the commencement date; or
(ii) related to defence service rendered by the person before, and on or after, the commencement date; and
(d) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(4) To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.
Treatment
(5) If:
(a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
(b) on or after 1 July 2013, there is an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
(d) the treatment is provided either:
(i) on or after 1 July 2013; or
(ii) before, and on or after, 1 July 2013;
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(6) To avoid doubt, treatment is provided before, and on or after, 1 July 2013 whether the treatment spans that day or is provided during separate periods before and on or after that day.
(7) If:
(a) before the commencement date, a person was suffering from a war‑caused or defence‑caused injury or disease (within the meaning of the VEA); and
(b) before 1 July 2013, there was an aggravation of, or a material contribution to, that injury or disease; and
(c) the aggravation or material contribution occurred as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and
(d) the treatment was provided either:
(i) on or after the commencement date; or
(ii) before, and on or after, the commencement date; and
(e) immediately before 1 July 2013, the person had not made a choice of the kind referred to in subsection 12(2) of this Act (as in force immediately before that day);
then the MRCA does not apply to that aggravation or material contribution.
Note: The person may be able to apply under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of the aggravation of, or material contribution to, that injury or disease.
(8) To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.
Repeal the section.
Repeal the paragraph, substitute:
(b) a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to:
(i) a sign or symptom of a war‑caused or defence‑caused injury or disease of a person (within the meaning of the VEA) (the
old injury or disease ); or(ii) an injury or disease of a person (within the meaning of the SRCA) (the
old injury or disease ) or a sign or symptom of such an injury or disease.
The amendment made by item 7 applies in relation to claims made under section 319 of the
Military Rehabilitation and Compensation Act 2004 on or after the commencement of that item.
Repeal the subsection.
Repeal the subsection.
Repeal the subsection.
Omit:
The Commission can arrange for the treatment in accordance with arrangements it has with hospitals and doctors etc. or in accordance with a determination it makes under Division 4 of this Part.
substitute:
Former members might be entitled to treatment for an injury or disease under this Part rather than receiving compensation for medical expenses under the
Safety, Rehabilitation and Compensation Act 1988 . The Commission accepts liability for such an injury or disease under that Act and not this Act.The Commission can arrange for treatment under this Part in accordance with arrangements it has with hospitals and doctors etc. or in accordance with a determination it makes under Division 4 of this Part.
Insert:
Person not otherwise entitled to be provided with treatment under this Act
(1) A person is entitled to be provided with treatment under this Part for an injury (within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 ) if, as a result of table item 1 of the table in subsection 144B(3) of that Act, this section applies to the person and the injury.Note 1: Table item 1 applies to persons who are not entitled to be provided with treatment under this Act or the
Veterans’ Entitlements Act 1986 for any other injury.Note 2: The treatment is paid for with money appropriated under subsection 160(2) of the
Safety, Rehabilitation and Compensation Act 1988 .
Person entitled to be provided with treatment under this Act for another injury or disease
(2) A person is entitled to be provided with treatment under this Part for an injury (within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 ) if, as a result of table item 2 of the table in subsection 144B(3) of that Act, this section applies to the person and the injury.Note 1: Table item 2 applies to persons who are entitled to be provided with treatment under section 279 or 280 of this Act for another injury.
Note 2: The treatment is paid for with money appropriated under section 423 of this Act.
3
Section 289 (at the end of paragraph (b) of the definition of compensable treatment ) Add “(other than under section 280A (treatment for certain SRCA injuries))”.
4
Section 289 (at the end of the definition of compensable treatment ) Add:
Note: Compensation for travel expenses incurred in relation to treatment to which a person is entitled under section 280A may be payable under section 16 of the
Safety, Rehabilitation and Compensation Act 1988 .
Omit “Note”, substitute “Note 1”.
Add:
Note 2: MRCA supplement that is payable in relation to treatment provided under subsection 280A(1) is paid for with money appropriated under subsection 160(2) of the
Safety, Rehabilitation and Compensation Act 1988 .
After “or 258”, insert “, or 300 in relation to treatment provided under subsection 280A(1)”.
After “Chapter 6”, insert “(other than under subsection 280A(1) (treatment for certain SRCA injuries))”.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The appropriation in relation to treatment provided under subsection 280A(1) is in subsection 160(2) of the
Safety, Rehabilitation and Compensation Act 1988 .
Add:
Note: Compensation is not payable under this subsection in relation to certain defence‑related claims (see Division 2A of Part XI).
Omit:
(b) of managing the provision of compensation and rehabilitation provided as a result of the making of claims of that kind.
substitute:
(b) of managing the provision of compensation, rehabilitation and treatment provided as a result of making claims of that kind.
In some cases, treatment is provided under the MRCA or the
After “rehabilitation”, insert “or treatment (including treatment provided under the MRCA or the
Veterans’ Entitlements Act 1986 )”.
Insert:
(1) The MRCC is not liable, under subsection 16(1) of this Act, to pay compensation in respect of the cost of medical treatment obtained in relation to an injury of an employee if the employee is:
(a) entitled to be provided with treatment under section 281 or 282 of the MRCA for any injury or disease (within the meaning of that Act); or
(b) eligible for treatment under section 53D or subsection 85(3), (4), (4A), (4B), (5), (7) or (7A) of the
Veterans’ Entitlements Act 1986 for any injury or disease (within the meaning of that Act).Note: In this Act, the definition of
injury includes a disease (see section 5A of this Act).
Exceptional circumstances determination
(2) However, if the MRCC is satisfied that there are exceptional circumstances, the MRCC may determine, in writing, that on and from a specified day subsection (1) of this section does not apply in relation to an employee and an injury.
(3) The MRCC must notify the employee of the determination within 7 days of the determination being made.
(4) A determination under subsection (2) is not a legislative instrument.
(1) This section applies in relation to an employee and an injury (the
SRCA injury ) if:
(a) a defence‑related claim for compensation is made in respect of the SRCA injury by or in respect of the employee; and
(b) the MRCC accepts liability to pay compensation for the SRCA injury; and
(c) any of the following applies:
(i) between 1 January 2012 and 9 December 2013, the MRCC is liable to pay compensation under subsection 16(1) in respect of the cost of medical treatment obtained in relation to the SRCA injury;
(ii) the MRCC accepts liability to pay compensation for the SRCA injury, as referred to in paragraph (b) of this subsection, on or after 10 December 2013;
(iii) the MRCC determines, under subsection (2), that this section applies in relation to the employee and the SRCA injury.
Note: The MRCC may also determine that subparagraph (1)(c)(i) or (ii) does not apply (see section 144C).
(2) The MRCC may determine, in writing, that this section applies in relation to an employee and an SRCA injury on and from a specified day if:
(a) the MRCC accepted liability to pay compensation for the SRCA injury on or before 9 December 2013, as referred to in paragraph (1)(b); and
(b) between 1 January 2012 and 9 December 2013, the MRCA was not liable to pay compensation under subsection 16(1) in respect of the cost of medical treatment in relation to the SRCA injury because no treatment was obtained in relation to that injury.
Treatment of certain defence‑related injuries to be provided under MRCA or Veterans’ Entitlements Act 1986
(3) The following table has effect in relation to an employee and an SRCA injury to which this section applies.
1 | The employee is not entitled or eligible to be provided with treatment under the MRCA or the | Section 280A of the MRCA applies to the employee and the SRCA injury |
2 | The employee is entitled to be provided with treatment under section 279 or 280 of the MRCA for another injury or disease (within the meaning of that Act), but not the SRCA injury | Section 280A of the MRCA applies to the employee and the SRCA injury |
3 | The employee is eligible to be provided with treatment under subsection 85(1) or (2) of the | Subsection 85(2A) of the |
Note 1: The employee is entitled to be provided with treatment under the MRCA or the
Veterans’ Entitlements Act 1986 if section 280A of the MRCA or subsection 85(2A) of theVeterans’ Entitlements Act 1986 applies to the employee and the SRCA injury.Note 2: This subsection is subject to section 144C.
Note 3: In this Act, the definition of
injury includes a disease (see section 5A of this Act).
(4) The employee is entitled to be provided with treatment as a result of the table in subsection (3) on and after:
(a) if subparagraph (1)(c)(i) applies—10 December 2013; or
(b) if subparagraph (1)(c)(ii) applies—the day the MRCC accepts liability; or
(c) if subparagraph (1)(c)(iii) applies—the day specified in the determination.
No entitlement to compensation under this Act
(5) The employee is not entitled to compensation under subsection 16(1) in respect of the cost of medical treatment obtained in relation to the SRCA injury if, as a result of the table in subsection (3) of this section, the employee is entitled or eligible to be provided with treatment under the MRCA or the
Veterans’ Entitlements Act 1986 for the injury.
Entitlement to travel expenses under this Act
(6) Subsections 16(6) to (8) of this Act apply in relation to treatment provided, as a result of the table in subsection (3) of this section, under the MRCA or the
Veterans’ Entitlements Act 1986 for an injury as if that treatment was medical treatment referred to in subsections 16(6) to (8) of this Act in relation to which compensation is payable.
Determination not legislative instrument
(7) A determination under subsection (2) is not a legislative instrument.
(1) If the MRCC is satisfied that there are exceptional circumstances, the MRCC may determine, in writing, that on and from a specified day subparagraph 144B(1)(c)(i) or (ii) does not apply in relation to an employee and an injury.
(2) The MRCC must notify the employee of the determination within 7 days of the determination being made.
Determination not legislative instrument
(3) A determination under subsection (1) is not a legislative instrument.
Insert:
(1) The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to any of the following persons for the purposes of the relevant Department or of Centrelink or Medicare (as the case requires):
(a) the Secretary of the Department administered by the Minister who administers the
National Health Act 1953 ;(b) the Secretary of the Department administered by the Minister who administers the
Aged Care Act 1997 ;(c) the Secretary of the Department administered by the Minister who administers the
Human Services (Centrelink) Act 1997 ;(d) the Chief Executive Centrelink (within the meaning of the
Human Services (Centrelink) Act 1997 );(e) the Chief Executive Medicare (within the meaning of the
Human Services (Medicare) Act 1973 ).(2) The Secretary or Chief Executive must not:
(a) use the information for a purpose other than those purposes; or
(b) further disclose the information 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.
Before “The”, insert “(1)”.
Add:
(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).
Insert:
(2A) A person is eligible to be provided with treatment under this Part for an injury (within the meaning of the
Safety, Rehabilitation and Compensation Act 1988 ) if, as a result of table item 3 of the table in subsection 144B(3) of that Act, this subsection applies to the person and the injury.
Insert:
(3A) Travelling expenses are not payable under this section in respect of treatment obtained under subsection 85(2A) (treatment for certain SRCA injuries).
Note: Travelling expenses incurred in respect of treatment obtained under subsection 85(2A) may be payable under section 16 of the
Safety, Rehabilitation and Compensation Act 1988 .
Section 144A of the
Safety, Rehabilitation and Compensation Act 1988 (as inserted by this Schedule) applies in relation to any medical treatment that is obtained on or after 10 December 2013 in relation to an injury.
1 Subsection 5(1) (after paragraph (b) of the definition of member ) Insert:
(ba) a person to whom section 7A applies; or
Insert:
registered charity means an entity that is registered under theAustralian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.
Insert:
For the purposes of paragraph (ba) of the definition of
member in subsection 5(1), this section applies to the following:
(a) a person who holds an honorary rank or appointment in the Defence Force and who performs acts at the request or direction of the Defence Force;
(b) a person who performs acts at the request or direction of the Defence Force as an accredited representative of a registered charity (where the accreditation is by the Defence Force);
(c) a person who is receiving assistance under the Career Transition Assistance Scheme established under a determination under section 58B of the
Defence Act 1903 and who performs acts in connection with the scheme.
The amendments made by items 1 and 3 do not affect the application of a determination under subsection 8(1) of the
Military Rehabilitation and Compensation Act 2004 before 1 July 2013.
Repeal the subsection, substitute:
(2) This section does not apply to a subsidy to the extent that:
(a) the *Repatriation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection 84(3A) of the
Veterans’ Entitlements Act 1986 ; or(b) the *Military Rehabilitation and Compensation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection 287(2A) of the
Military Rehabilitation and Compensation Act 2004 ; or(c) the Repatriation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in section 13A of the
Australian Participants in British Nuclear Tests (Treatment) Act 2006 .
Insert:
If:
(a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and
(b) the treatment is of a kind specified under paragraph 16(4A)(a);
then the Commission may, in accordance with paragraph 16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Insert:
(4A) Without limiting subsection (2), the modifications may also include provisions:
(a) specifying kinds of treatment for the purposes of paragraph 13A(b); and
(b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Insert:
(aa) costs the Commission has accepted financial responsibility for as mentioned in section 13A; and
Add:
; (h) both:
(i) kinds of treatment for the purposes of paragraph 287(2A)(b); and
(ii) the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Repeal the heading, substitute:
Insert:
(2A) If:
(a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for a person who is entitled to treatment under this Part; and
(b) the treatment is of a kind determined under subparagraph 286(1)(h)(i);
then the Commission may, in accordance with subparagraph 286(1)(h)(ii), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Insert:
(caa) costs the Commission has accepted financial responsibility for as mentioned in subsection 287(2A);
Insert:
(3A) If:
(a) the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for a person eligible to be provided with treatment under this Part; and
(b) the treatment is of a kind specified under paragraph 90(1B)(a);
then the Commission may, in accordance with paragraph 90(1B)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Insert:
(1B) The Treatment Principles may also include provisions:
(a) specifying kinds of treatment for the purposes of paragraph 84(3A)(b); and
(b) specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter 3 of the
Aged Care Act 1997 or of theAged Care (Transitional Provisions) Act 1997 ).
Insert:
(ba) costs the Commission has accepted financial responsibility for as mentioned in subsection 84(3A); and
The amendments made by this Schedule apply in relation to treatment provided on or after the commencement of this Schedule.
Insert:
(1A) If:
(a) a veteran travels, with the approval of the Commission under subsection (1), for the purpose of obtaining treatment; and
(b) the treatment is of a kind prescribed in an instrument under subsection (6); and
(c) the veteran’s partner travels for the purpose of participating in that treatment;
the veteran’s partner is, subject to this section and to such conditions as are prescribed by the regulations, entitled to be paid such travelling expenses, in connection with that travel, as are prescribed by the regulations.
Note: For
treatment see section 94 and Part V.
Add:
(6) The Commission may, by legislative instrument, prescribe kinds of treatment for the purposes of paragraph (1A)(b).
Omit “subsection 110(1) or (2)”, substitute “subsection 110(1), (1A) or (2)”.
Paragraphs 110(1A)(a) and (c) of the
Veterans’ Entitlements Act 1986 , as inserted by this Schedule, apply in relation to travel beginning on or after the commencement of this item.
Repeal the subsection.
Add:
Note: For rules about nomination of accounts, see subsections (3D) to (3F).
Insert:
Compensation must be paid into an account
Repeal the subsection.
Insert:
Nomination of accounts
(3D) The account referred to in subsection (1) or (3A) must be one that is:
(a) nominated, at any time by the person, for the purposes of this section; and
(b) maintained by the person (including an account maintained jointly or in common with another person).
(3E) However, if:
(a) there is no nomination of an account by the person in force for the purposes of this section; and
(b) there is a nomination of an account (the
existing account ) by the person in force for the purposes of subsection 122A(1) of theVeterans’ Entitlements Act 1986 ;the existing account is taken to be an account nominated by the person for the purposes of this section.
(3F) Subsection (3E) ceases to apply in relation to the person if, in accordance with subsection (3D), the person nominates an account for the purposes of this section.
Insert:
Definitions
Insert:
Use
(1) The Commission, a member of the Commission or a staff member assisting the Commission may use the details of an account referred to in paragraph 430(3E)(b) for the purposes of section 430.
(2) A person to whom the details of an account are disclosed under subsection 122AA(3) of the
Veterans’ Entitlements Act 1986 may use those details for the purposes of section 430 of this Act.
Disclosure
(3) The Commission, a member of the Commission or a staff member assisting the Commission may disclose the details of an account obtained for the purposes of section 430 to the Repatriation Commission, a commissioner of the Repatriation Commission or a staff member assisting the Repatriation Commission for the purposes of section 122A of the
Veterans’ Entitlements Act 1986 .
Interaction with Privacy Act 1988
(4) For the purposes of the
Privacy Act 1988 :
(a) the use of the details of an account in accordance with subsection (1) or (2) is taken to be a use that is authorised by this Act; and
(b) the disclosure of the details of an account in accordance with subsection (3) is taken to be a disclosure that is authorised by this Act.
(1) Paragraph 430(3E)(b) of the
Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, applies in relation to nominations made before, on or after the commencement of this item.(2) If a nomination of an account by a person for the purposes of subsection 430(2) or (3B) of the
Military Rehabilitation and Compensation Act 2004 is in force immediately before the commencement of this item, then, on and after that commencement, the nomination of the account by the person is taken to be in force for the purposes of section 430 of that Act (as amended by this Schedule).(3) Subsections 430A(1) and (3) of the
Military Rehabilitation and Compensation Act 2004 , as inserted by this Schedule, apply in relation to details of an account obtained before, on or after the commencement of this item.
Insert:
(1E) If:
(a) there is no nomination of an account by the person in force for the purposes of subsection (1); and
(b) there is a nomination of an account (the
existing account ) by the person in force for the purposes of section 430 of theMilitary Rehabilitation and Compensation Act 2004 ;the existing account is taken to be an account nominated by the person for the purposes of subsection (1) of this section.
(1F) Subsection (1E) ceases to apply in relation to the person if, in accordance with subsection (1), the person nominates an account for the purposes of subsection (1).
Repeal the definition, substitute:
pension means a pension, allowance or other pecuniary benefit payable under this Act, and includes an instalment of such a pension, allowance or other benefit.
Insert:
Use
(1) The Commission, a commissioner of the Commission or a staff member assisting the Commission may use the details of an account referred to in paragraph 122A(1E)(b) for the purposes of section 122A.
(2) A person to whom the details of an account are disclosed under subsection 430A(3) of the
Military Rehabilitation and Compensation Act 2004 may use those details for the purposes of section 122A of this Act.
Disclosure
(3) The Commission, a commissioner of the Commission or a staff member assisting the Commission may disclose the details of an account obtained for the purposes of section 122A to the Military Rehabilitation and Compensation Commission (the
MRCC ), a member of the MRCC or a staff member assisting the MRCC for the purposes of section 430 of theMilitary Rehabilitation and Compensation Act 2004 .
Interaction with Privacy Act 1988
(4) For the purposes of the
Privacy Act 1988 :
(a) the use of the details of an account in accordance with subsection (1) or (2) is taken to be a use that is authorised by this Act; and
(b) the disclosure of the details of an account in accordance with subsection (3) is taken to be a disclosure that is authorised by this Act.
(1) Paragraph 122A(1E)(b) of the
Veterans’ Entitlements Act 1986 , as inserted by this Schedule, applies in relation to nominations made before, on or after the commencement of this item.(2) Subsections 122AA(1) and (3) of the
Veterans’ Entitlements Act 1986 , as inserted by this Schedule, apply in relation to details of an account obtained before, on or after the commencement of this item.
Omit “section 217 or 266”, substitute “section 47, 56, 81, 205, 214, 217, 226, 239 or 266”.
Insert:
(cd) an amount of compensation (within the meaning of the MRCA) has been paid under the MRCA that should not have been paid; or
After “(cc)”, insert “, (cd)”.
4
Subsection 205(8) (paragraph (ba) of the definition of excluded amount ) Omit “or (cc)”, substitute “, (cc) or (cd)”.
5
Subsection 205(8) (paragraph (a) of the definition of recoverable amount ) Omit “or (cc)”, substitute “, (cc) or (cd)”.
Paragraph 205(1)(cd) of the
Veterans’ Entitlements Act 1986 , as inserted by this Schedule, applies in relation to amounts of compensation paid under theMilitary Rehabilitation and Compensation Act 2004 on or after the commencement of this item.
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
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
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.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.
A = Act | orig = original |
ad = added or inserted | par = paragraph(s)/subparagraph(s) |
am = amended | /sub‑subparagraph(s) |
amdt = amendment | pres = present |
c = clause(s) | prev = previous |
C[x] = Compilation No. x | (prev…) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislative Instruments | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LI = Legislative Instrument | Sdiv = Subdivision(s) |
LIA = | SLI = Select Legislative Instrument |
(md) = misdescribed amendment | SR = Statutory Rules |
mod = modified/modification | Sub‑Ch = Sub‑Chapter(s) |
No. = Number(s) | SubPt = Subpart(s) |
o = order(s) | |
Ord = Ordinance | commenced or to be commenced |
Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 | 99, 2013 | 28 June 2013 | Sch 1–8, 10, 12: 1 July 2013 (s 2(1) items 2, 4, 6) Sch 11: 10 Dec 2013 (s 2(1) item 5) Sch 13: 26 July 2013 (s 2(1) item 7) Remainder: 28 June 2013 (s 2(1) items 1, 3, 8) | |
Statute Law Revision Act (No. 1) 2015 | 5, 2015 | 25 Feb 2015 | Sch 2 (item 8): 10 Dec 2013 (s 2(1) item 9) | — |
item 12............................... | am No 5, 2015 |
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