Military Rehabilitation and Compensation Act 2004

Military Rehabilitation and Compensation Act 2004

No. 51, 2004

Compilation No. 76

Compilation date: 1 July 2026

Includes amendments: Act No. 17, 2025, Act No. 76, 2025 and Act No. 31, 2026

About this compilation

This compilation

This is a compilation of the Military Rehabilitation and Compensation Act 2004 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).

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

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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

Editorial changes

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

Presentational changes

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

Modifications

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

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Chapter 1—Introduction

Part 1—Preliminary

1 Short title

2 Commencement

3 Simplified outline of this Act

4 Extension to external Territories

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

5 Definitions

Part 2—Kinds of service to which this Act applies

6 Defence service

6A Meanings of peacekeeping service and Peacekeeping Force

6B British nuclear test defence service

6C Hazardous service

Part 3—Other interpretation provisions

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

7A Classes of members

8 Ministerial determinations that other people are members

9 Definition of duty for cadets and declared members

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

11 Ministerial determination of pay‑related allowances

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

13 Definition of treatment

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

15 Definitions of dependant and related person

16 Certain relationships

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

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

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

19A De facto relationships

19B Domicile

20 Some references to members include references to former members

Chapter 2—Accepting liability for service injuries, diseases and deaths

Part 1—Simplified outline of this Chapter

21 Simplified outline of this Chapter

Part 2—When the Commission must accept liability for service injuries, diseases and deaths

22 Simplified outline of this Part

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

24 Commission’s acceptance of liability for service deaths

24A Commission taken to have accepted liability for certain injuries and diseases

25 Limited effect of acceptance of liability

Part 3—Definitions of service injury, service disease and service death

26 Simplified outline of this Part

27 Main definitions of service injury and service disease

27A Presumption that certain injuries and diseases are attributable to defence service

28 Main definition of service death

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

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

Part 4—When the Commission is prevented from accepting liability for service injuries, diseases and deaths

31 Simplified outline of this Part

32 Exclusions relating to serious defaults or wilful acts etc.

33 Exclusions relating to reasonable counselling about performance etc.

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

35 Exclusions relating to travel

36 Exclusion relating to use of tobacco products

Chapter 3—Rehabilitation

Part 1—General provisions

Division 1—Simplified outline of this Chapter

37 Simplified outline of this Chapter

Division 2—Aim of rehabilitation

38 Aim of rehabilitation

Division 3—Definitions

39 Definition of rehabilitation authority

40 Rule if rehabilitation authority for a person changes

41 Other definitions

Part 2—Rehabilitation programs—general

Division 1—Application of Part

42 Simplified outline of this Part

43 Persons to whom this Part applies

Division 2—Assessment of a person’s capacity for rehabilitation

44 When an assessment may or must be carried out

45 What may be done as part of an assessment

46 Requirements for examinations

47 Compensation for journey and accommodation costs

48 Amount of compensation for journey and accommodation costs

49 Whom the compensation is payable to

50 Consequences of failure to undergo an examination

Division 3—Provision of rehabilitation programs

51 Rehabilitation authority may determine that a person is to undertake a rehabilitation program

52 Consequences of failure to undertake a rehabilitation program

53 Cessation or variation of a rehabilitation program

Part 2A—Non‑liability rehabilitation pilot

53A Simplified outline of this Part

53B Persons to whom this Part applies

53C Provision of rehabilitation programs

53D Legislative instrument

Part 3—Alterations, aids and appliances relating to rehabilitation

Division 1—Preliminary

54 Simplified outline of this Part

55 Persons to whom Part applies

Division 2—Alterations, aids and appliances relating to rehabilitation

56 Alterations, aids and appliances relating to rehabilitation

57 Amount of compensation for alterations, aids and appliances

58 Matters to be considered in determining matters relating to alterations, aids and appliances

59 Whom compensation for alterations etc. is payable to

Part 4—Assistance in finding suitable work

60 Simplified outline of this Part

61 Assistance in finding suitable work for full‑time members

62 Assistance in finding suitable work for other members and former members

62A Scheme may provide for payments to employers

Part 5—Transition management

63 Simplified outline of this Part

64 Transition management

Chapter 4—Compensation for members and former members

Part 1—Simplified outline of this Chapter

65 Simplified outline of this Chapter

Part 2—Permanent impairment

66 Simplified outline of this Part

67 Guide to determining impairment and compensation

68 Entitlement to compensation for permanent impairment

69 No compensation for less than the threshold impairment points

70 Compensation for aggravations etc.

71 Additional compensation

72 Additional compensation for aggravations etc.

73 Deciding whether an impairment is likely to continue indefinitely

74 Amount of compensation

75 Interim compensation

76 Notifying the claimant

77 When weekly compensation becomes payable

78 Choice to take lump sum

79 When lump sum is payable

80 Additional amounts payable if maximum compensation paid

80A Whom the additional amount is payable to

81 Compensation for cost of financial advice and legal advice

82 Amount of financial advice and legal advice compensation

83 Whom the compensation is payable to

83A Energy supplement for compensation under this Part

Part 3—Compensation for incapacity for service or work for members

Division 1—Entitlement to compensation

84 Simplified outline of this Part

85 Compensation for incapacitated full‑time members

86 Compensation for incapacitated part‑time Reservists

87 Compensation for incapacitated cadets and declared members

88 No compensation in certain cases relating to aggravations etc. of injuries or diseases

89 Amount of compensation for current members

89A Amount of compensation for persons receiving a Commonwealth superannuation benefit

89B Payments before a person receives a Commonwealth superannuation benefit

Division 2—Working out normal and actual earnings for full‑time members

90 Simplified outline of this Division

91 Working out normal earnings

92 Working out actual earnings

Division 3—Working out normal and actual earnings for part‑time Reservists

Subdivision A—Simplified outline of this Division

93 Simplified outline of this Division

Subdivision B—Working out normal earnings for part‑time Reservists

94 Application of this Division to part‑time Reservists

95 Working out normal earnings

Subdivision C—Working out the ADF component of normal earnings

96 Working out the ADF component for an incapacitated Reservist who is incapacitated for service

97 Working out the ADF component for an incapacitated Reservist who is not incapacitated for service

Subdivision D—Working out the civilian component of normal earnings

98 Working out the civilian component for an incapacitated Reservist who is incapacitated for work

99 Definition of example period for the civilian component of normal earnings

100 Working out the civilian component for an incapacitated Reservist who is not incapacitated for work

Subdivision E—Working out actual earnings

101 Working out actual earnings

Division 4—Working out normal and actual earnings for part‑time Reservists who were previously Permanent Forces members

102 Simplified outline of this Division

103 Application of this Division to part‑time Reservists who were previously Permanent Forces members

104 Working out normal earnings

105 Working out actual earnings

Division 5—Working out normal and actual earnings for part‑time Reservists who were previously continuous full‑time Reservists

Subdivision A—Simplified outline of this Division

106 Simplified outline of this Division

Subdivision B—Working out normal earnings for part‑time Reservists who were previously continuous full‑time Reservists

107 Application of this Division to part‑time Reservists who were previously continuous full‑time Reservists

108 Working out normal earnings

Subdivision C—Working out full‑time ADF earnings

109 Working out full‑time ADF earnings

Subdivision D—Working out pre‑CFTS earnings

110 Simplified outline of this Subdivision

111 Working out pre‑CFTS earnings

112 Working out pre‑CFTS pay

113 Definition of example period for pre‑CFTS pay

114 Working out reserve pay

114A Example periods for those injured as continuous full‑time Reservists

Subdivision E—Working out actual earnings

115 Working out actual earnings

Division 6—Working out normal and actual earnings for cadets and declared members

116 Regulations may prescribe methods for working out normal and actual earnings for cadets and declared members

Division 7—Amount of compensation where a Commonwealth superannuation benefit is received

116A Simplified outline of this Division

116B Amount of compensation for person receiving only Commonwealth superannuation pension

116C Amount of compensation for person who has received only Commonwealth superannuation lump sum

116D Amount of compensation for person receiving both superannuation pension and lump sum

116E No compensation if amount worked out is nil or a negative amount

Part 4—Compensation for incapacity for work for former members

Division 1—Entitlement to compensation

117 Simplified outline of this Part

118 Compensation for incapacitated former members

119 No compensation in certain cases relating to aggravations etc. of injuries or diseases

120 Compensation for those over pension age

121 Compensation for those over the age that is 2 years before pension age

122 Persons who are imprisoned

Division 2—Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension)

Subdivision A—Simplified outline of this Division

123 Simplified outline of this Division

Subdivision B—Amount of compensation generally

124 Simplified outline of this Subdivision

125 Amount of compensation for former members

126 Amount of compensation for retired persons receiving a Commonwealth superannuation benefit

126A Payments before a retired person receives a Commonwealth superannuation benefit

127 Amount of compensation for former members who are maintained in hospital etc.

Subdivision C—Amount of compensation where no Commonwealth superannuation benefit is received

128 Simplified outline of this Subdivision

129 Amount of compensation for maximum rate weeks

130 Amount of compensation for the week whose hours exceed 45 times the normal weekly hours

131 Amount of compensation after 45 weeks

132 Definitions of actual earnings, normal earnings and normal weekly hours

Subdivision D—Amount of compensation where a Commonwealth superannuation benefit is received

133 Simplified outline of this Subdivision

134 Amount of compensation for retired person receiving only Commonwealth superannuation pension

135 Amount of compensation for retired person who has received only Commonwealth superannuation lump sum

136 Amount of compensation for retired person receiving both superannuation pension and lump sum

Subdivision E—Small amounts of compensation

137 Simplified outline of this Subdivision

138 Converting small amounts of weekly compensation into lump sum compensation

139 Weekly compensation following conversion of weekly amounts to a lump sum

Division 3—Working out normal earnings for certain former Permanent Forces members

140 Simplified outline of this Division

141 Working out normal earnings

Division 4—Working out normal earnings and normal weekly hours for certain former continuous full‑time Reservists

Subdivision A—Simplified outline of this Division

142 Simplified outline of this Division

Subdivision B—Working out normal earnings

143 Working out normal earnings

Subdivision C—Working out ADF earnings

144 Working out ADF earnings

Subdivision D—Working out pre‑CFTS earnings

145 Simplified outline of this Subdivision

146 Working out pre‑CFTS earnings

147 Working out pre‑CFTS pay

148 Definition of example period for former continuous full‑time Reservists

149 Working out reserve pay

Subdivision E—Working out normal weekly hours for persons who have chosen pre‑CFTS earnings

150 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings

Division 5—Working out normal earnings and normal weekly hours for former part‑time Reservists who were engaged in civilian work

Subdivision A—Simplified outline of this Division

151 Simplified outline of this Division

Subdivision B—Working out normal earnings of former part‑time Reservists who were engaged in civilian work

152 Application of this Division to former part‑time Reservists who were engaged in civilian work

153 Working out normal earnings

Subdivision C—Working out the ADF component of normal earnings

154 Working out the ADF component of normal earnings

155 Definition of example period for ADF component of normal earnings

Subdivision D—Working out the civilian component of normal earnings

156 Working out the civilian component of normal earnings

157 Definition of example period for the civilian component of normal earnings

Subdivision E—Working out normal weekly hours

158 Working out normal weekly hours

Division 6—Working out normal earnings for former part‑time Reservists who were not engaged in civilian work

159 Simplified outline of this Division

160 Application of this Division to former part‑time Reservists who were not engaged in civilian work

161 Working out normal earnings

Division 7—Working out normal earnings for former part‑time Reservists who were previously Permanent Forces members

162 Simplified outline of this Division

163 Application of this Division to former part‑time Reservists who were previously Permanent Forces members

164 Working out normal earnings

Division 8—Working out normal earnings and normal weekly hours for former part‑time Reservists who were previously continuous full‑time Reservists

Subdivision A—Simplified outline of this Division

165 Simplified outline of this Division

Subdivision B—Working out normal earnings for former part‑time Reservists who were previously continuous full‑time Reservists

166 Application of this Division to former part‑time Reservists who were previously continuous full‑time Reservists

167 Working out normal earnings

Subdivision C—Working out full‑time ADF earnings

168 Working out full‑time ADF earnings

Subdivision D—Working out pre‑CFTS earnings

169 Simplified outline of this Subdivision

170 Working out pre‑CFTS earnings

171 Working out pre‑CFTS pay

172 Definition of example period for the pre‑CFTS pay

173 Working out reserve pay

173A Example periods for those injured as continuous full‑time Reservists

Subdivision E—Working out normal weekly hours for persons who have chosen pre‑CFTS earnings

174 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings

Division 9—Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members

175 Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members

Part 5—Adjusting the amount of compensation for incapacity for service or work

Division 1—Introduction

176 Simplified outline of this Part

177 Definitions of normal earnings and actual earnings

Division 2—General rules relating to normal and actual earnings etc.

178 Simplified outline of this Division

179 Normal earnings that are less than the minimum wage

180 Amounts that are excluded when working out normal and actual earnings

181 Matters to be considered in determining actual earnings

182 Indexation of pre‑CFTS pay and civilian daily earnings

183 Indexation of $100 in ADF pay

Division 3—Adjusting ADF pay and pay‑related allowances

184 Simplified outline of this Division

185 Increases in pay and allowances

186 Increases in pay and allowances due to actual promotions

187 Commission must determine category of defence work when defence work abolished

188 Commission may determine pay‑related allowances when defence work abolished

189 Amount of pay and allowances for those undergoing initial training

190 No other adjustments to be taken into account

Division 4—Adjusting other pay

191 Simplified outline of this Division

192 Definitions of civilian daily earnings, example period and pre‑CFTS pay

193 Variations during the example period

194 Civilian daily earnings or pre‑CFTS pay if working them out is impracticable

Division 5—Working out compensation for parts of weeks

195 Simplified outline of this Division

196 Working out compensation for parts of weeks

Part 6—Choice to receive a Special Rate Disability Pension

197 Simplified outline of this Part

198 What is a Special Rate Disability Pension?

199 Persons who are eligible to make a choice under this Part

200 Choice to receive Special Rate Disability Pension

201 When the choice is to be made

202 Other requirements for the choice

203 Determinations by Commission

204 Offsets

204A Overpayment if payment of lump sum under section 138

205 Compensation for cost of financial advice and legal advice

206 Amount of financial advice and legal advice compensation

207 Whom the compensation is payable to

208 Persons who are imprisoned

209 Ceasing to meet certain criteria

209A Energy supplement for Special Rate Disability Pension

210 Return to work scheme

Part 7—Other types of compensation for members and former members

Division 1—Simplified outline of this Part

211 Simplified outline of this Part

Division 2—Motor Vehicle Compensation Scheme

212 Motor Vehicle Compensation Scheme

Division 3—Compensation for household and attendant care services

213 Definitions

214 Compensation for household services

215 Matters to be considered in household services compensation claims

216 Amount of household compensation

217 Compensation for attendant care services

218 Matters to be considered in attendant care compensation claims

219 Amount of compensation for attendant care services

220 Whom household and attendant care compensation is payable to

Division 3A—Additional Disablement Amount

220A Eligibility for Additional Disablement Amount

220B Amount of Additional Disablement Amount

220C Offsets

220D Energy supplement for Additional Disablement Amount

Division 4—MRCA supplement for members and former members

221 Eligibility for MRCA supplement

222 MRCA supplement not payable in some circumstances

223 Rate of MRCA supplement

224 Payment of MRCA supplement

Division 5—Compensation for loss of, or damage to, medical aids

226 Compensation for loss of, or damage to, medical aids

227 Exclusions relating to serious defaults etc.

228 Exclusions relating to travel

229 Amount of medical aid compensation

230 Whom medical aid compensation is payable to

Division 6—Victoria Cross allowance

230A Eligibility for Victoria Cross allowance

230B Amount of Victoria Cross allowance

Division 7—Decoration allowance

230C Decoration allowance

Chapter 5—Compensation for dependants of certain deceased members, members and former members

Part 1—Simplified outline of this Chapter

231 Simplified outline of this Chapter

Part 2—Compensation for member’s death for wholly dependent partners

Division 1—Simplified outline of this Part

232 Simplified outline of this Part

Division 2—Compensation for member’s death for wholly dependent partners

233 Compensation for member’s death for wholly dependent partners

234 Amount of compensation for wholly dependent partners

235 Notifying the partner

236 Choice to take lump sum

238 Whom the compensation is payable to

238A Energy supplement for compensation for wholly dependent partners of deceased members

Division 3—Compensation for cost of financial advice and legal advice for wholly dependent partners

239 Compensation for cost of financial advice and legal advice

240 Amount of financial advice and legal advice compensation

241 Whom the compensation is payable to

Division 4—Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners

242 Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners

243 Amount of permanent impairment and incapacity etc. compensation

244 Whom permanent impairment and incapacity etc. compensation is payable to

Division 5—MRCA supplement for wholly dependent partners

245 Eligibility for MRCA supplement

246 MRCA supplement not payable in some circumstances

247 Rate of MRCA supplement

248 Payment of MRCA supplement

Part 3—Compensation for eligible young persons dependent on certain deceased members, members or former members

Division 1—Simplified outline of this Part

250 Simplified outline of this Part

Division 2—Lump sum compensation for member’s death for certain eligible young persons

251 Lump sum compensation for member’s death for certain eligible young persons

252 Amount of compensation for dependent eligible young persons

Division 3—Weekly compensation for certain eligible young persons

253 Weekly compensation for certain eligible young persons

254 Amount of weekly compensation

Division 4—Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons

255 Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons

256 Amount of permanent impairment and incapacity etc. compensation

Division 5—Whom compensation under Divisions 2 to 4 is payable to

257 Whom the compensation is payable to

Division 6—Education scheme for certain eligible young persons and other children

Subdivision A—Preliminary

257A Definitions

257B Determination of classes for purposes of definitions of VEA eligible child and VEA eligible grandchild

257C Determination that person is included in class determined under section 257B

Subdivision B—Education scheme for certain eligible young persons and other children

258 Education scheme for certain eligible young persons and other children

259 Completing courses begun before turning 25 years old

Division 7—Exclusion of Part for wholly dependent partners

260 Exclusion of Part for wholly dependent partners

Part 4—Compensation for dependants other than wholly dependent partners and eligible young persons

261 Simplified outline of this Part

262 Compensation for dependants other than wholly dependent partners and eligible young persons

263 Amount of compensation for other dependants

264 Whom the compensation is payable to

Part 5—Compensation for funeral expenses

Division 1—Simplified outline of this Part

265 Simplified outline of this Part

Division 2—Deceased members to whom section 12 applies

266 Compensation for cost of funeral

267 Amount of funeral compensation

267A Offsets

268 Whom funeral compensation is payable to

Division 3—Other deceased members and dependants of deceased members

268AA Automatic payment of funeral compensation to estate of certain deceased members

268AB Funeral compensation for certain other deceased members

268AC Funeral compensation for certain dependants of deceased members

268AD Amount of funeral compensation

268AE Whom funeral compensation is payable to

Chapter 5AA—Compensation relating to prisoners of war

Part 1—Preliminary

268AF Simplified outline of this Chapter

268AG Definitions

268AH Meaning of relevant military forces, designated war period and compensation eligibility date

Part 2—Compensation in respect of former members and civilians interned by certain military forces

268AI Simplified outline of this Part

268AJ Compensation in respect of former members and civilians interned by certain military forces

268AK Amount of compensation

Part 3—Prisoner of war recognition supplement

268AL Simplified outline of this Part

268AM Eligibility for prisoner of war recognition supplement

268AN Rate of prisoner of war recognition supplement

268AO Payment of prisoner of war recognition supplement

Chapter 5A—Acute and employment support

Part 1—Acute support

268A Simplified outline of this Part

268B Acute support package

Part 2—Employment support to former members

268C Simplified outline of this Part

268D Employment support to former members

Chapter 6—Treatment for injuries and diseases

Part 1—Simplified outline of this Chapter

269 Simplified outline of this Chapter

Part 3—Entitlement to provision of treatment

Division 1—Simplified outline of this Part

278 Simplified outline of this Part

Division 2—Treatment for some members and former members

279 Treatment for members entitled to treatment under Defence regulations

280 Treatment for service injuries and diseases of former members and part‑time Reservists etc.

280A Treatment for certain injuries covered by the DRCA

281 Treatment for persons with 60 impairment points

282 Treatment for persons who are eligible for a Special Rate Disability Pension

282A Treatment for persons who are eligible for Additional Disablement Amount

283 No treatment for aggravated injury or disease if aggravation ceases

Division 3—Treatment for certain dependants of deceased members

284 Treatment for certain wholly dependent partners and eligible young persons

Division 3A—Entitlement to treatment in other circumstances

284A Specified treatment for specified members and others

Division 4—Administration of the provision of treatment

285 Treatment at hospitals and other institutions etc.

286 Determination for providing treatment or pharmaceutical benefits

287 Provision of treatment

287A Provision of services under the Coordinated Veterans’ Care mental health pilot

287B Provision of services under the Veteran Suicide Prevention pilot

287C Provision of counselling services and psychiatric assessment

Part 4—Other compensation relating to treatment

Division 1—Simplified outline of this Part

288 Simplified outline of this Part

Division 1A—Compensation for treatment obtained in special circumstances

288A Compensation for those entitled to treatment under Part 3

288B Compensation for treatment prior to a service death

288C Compensation in other special circumstances

288D Relationship of this Part with other compensation provisions

288E No compensation if aggravated injury or disease ceases to be aggravated etc.

288F Amount of treatment compensation

288G Whom treatment compensation is payable to

Division 2—Compensation for patients’ and attendants’ journey and accommodation costs

289 Definition of compensable treatment

290 Compensation for journey costs relating to treatment

291 Compensation for accommodation relating to treatment

291A Scheme may provide for advance payments

292 No compensation for journeys or accommodation outside Australia

293 Amount of compensation for journeys

294 Amount of compensation for accommodation

295 Matters to be considered in journey and accommodation compensation claims

296 Whom compensation is payable to

Division 3—Compensation for transportation costs

297 Compensation for other person’s transportation costs

298 Amount of transportation costs

299 Whom compensation is payable to

Division 4—MRCA supplement for members, former members and dependants

300 Eligibility for MRCA supplement

301 MRCA supplement not payable in some circumstances

302 Rate of MRCA supplement

303 Payment of MRCA supplement

Part 5—Offences relating to treatment under this Chapter

304 Simplified outline of this Part

305 Definitions

306 Offence for false or misleading statements or documents relating to treatment

307 Offence for medical service providers causing detriment to others

308 Offence for medical service providers threatening detriment

309 Offence for bribery by medical service providers

310 Offence for practitioners receiving bribes etc.

311 Offence for pathology practitioners making payments to requesting practitioners

312 Offence for pathology practitioners providing pathology services to persons with whom they have arrangements

313 Offence for providing staff to be used in pathology services

314 Counselling statements inadmissible as evidence

315 Recovery of amounts paid because of false or misleading statements

316 Interest payable on amounts paid because of false or misleading statements

317 Reduction in payments because of previous overpayments

Chapter 7—Claims

Part 1—Making a claim

Division 1—Simplified outline of this Part

318 Simplified outline of this Part

Division 2—Making a claim

319 Making a claim

320 Who may make a claim

321 Survival of claims and of right to claim

322 No new claim before earlier claim finally determined

323 Giving claims and documents to the Commission

Division 3—What happens after a claim is made

Subdivision A—Investigation of claims

324 Investigation by the Commission

Subdivision B—Needs assessments

325 When the Commission may or must carry out a needs assessment

326 Assessment of a person’s needs

Subdivision C—Medical examinations

328 Power to require medical examination

329 Consequences of failure to undergo an examination

Subdivision D—Obligations of claimants and Commission

330 Power to request the provision of information

331 Certain documents to be supplied on request

Part 2—Determination of claims

332 Simplified outline of this Part

333 Determination of claims

334 Commission not bound by technicalities

335 Standard of proof for Commission and Chief of the Defence Force

336 Commission not entitled to make certain presumptions

337 No onus of proof

338 Reasonableness of hypothesis to be assessed by reference to Statement of Principles

339 Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles

340 Determination by Commission overriding Authority’s decision in relation to Statements of Principles

340A Subsection 27A(3) determination to be applied on review of a decision

341 Statement of Principles to be applied on review of a decision

342 Determination of the onset date for an incapacity for service or work

343 Determination of the date of death

Chapter 8—Reconsideration and review of determinations

Part 1—Preliminary

344 Simplified outline of this Chapter

345 Definitions

345A Application of this Chapter to decisions about clean energy payments

345B Application of this Chapter to decisions about acute support packages

Part 2—Notifying original determinations

346 Notifying original determinations

Part 3—Reconsideration of determinations

347 Commission or Chief of the Defence Force initiating reconsideration of original determinations

347A Reconsideration of permanent impairment compensation

348 Varying determinations made by the Board

349 Chief of the Defence Force initiating reconsideration of determinations

350 Reconsideration

351 Notifying reviewable determinations

Part 4—Review by the Board

Division 1—Preliminary

352 Definitions

Division 2—Applications for review

352A Applications for review

352B Application requirements

352C Notice of application

352D Commission to prepare report

352E Ongoing requirement for lodging material documents with Board

Division 3—Proceedings before the Board

352F Principal Member or Senior Member to preside at hearing

352G Parties to review before Board

352H Notice of hearing etc.

352J Procedure of Board

352K Participation by telephone etc.

352L Obligations of parties etc.

352M Questions to be decided by majority of Board

352N Hearing to be in private except in special circumstances

352P Powers of Board

352Q Board may summon persons to give evidence or produce documents

352R Information may be made available to parties

352S Board not bound by technicalities etc.

352T Board may remit matters to Commission for further consideration

Division 4—Alternative dispute resolution processes

352U Referral of review for alternative dispute resolution process

352V Directions by Principal Member

352W Agreement about the terms of a decision etc.

352X Evidence not admissible

352Y Eligibility of person conducting alternative dispute resolution process to sit as a member of the Board

352Z Participation by telephone etc.

353 Engagement of persons to conduct alternative dispute resolution processes

Division 5—Decisions of the Board

353A Decision of Board

353B Board to give notice of decision and reasons to parties

353C Dismissal of applications

353D Consequence of dismissal of application

353E Circumstances in which application may be reinstated

353F Date of operation of decision by Board

353G Correction of errors in decisions or statements of reasons

Division 6—Offences

353H Offence—failure of witness to attend

353J Offence—failure to take an oath, make an affirmation or answer a question etc.

353K Offence—giving false or misleading evidence

353L Offence—contempt of Board

Division 7—Other matters

353M Immunity

353N Medical expenses

353P Travelling expenses for obtaining medical evidence

353Q Other travelling expenses

353R Applications for other travelling expenses

353S Advance of travelling expenses for obtaining medical evidence

353T Fees for witnesses

353U Instruments that are not legislative instruments

Part 5—Review by the Tribunal

354 Applications to the Tribunal for review

355 Modifications of the Administrative Review Tribunal Act 2024

355A Applications cannot be made to the Tribunal guidance and appeals panel

356 Evidence

357 Costs of proceedings before the Tribunal

358 Costs where proceedings rendered abortive

359 Certain provisions not to apply to review of determinations of the Board

Chapter 8A—Veterans’ Review Board

Part 1—Simplified outline of this Chapter

359A Simplified outline of this Chapter

Part 2—Establishment of Board

359B Establishment

359BA Board’s objective

Part 3—Administration

Division 1—Membership

359C Appointment of members

359CA Acting appointments

359CB Remuneration

359CC Leave of absence

359CD Other paid work

359CE Other terms and conditions

359CF Resignation

359CG Termination of appointment

359CH Suspension of Board members

359CI Disclosure of interests

Division 2—Procedures of the Board

359CJ Constitution of Board for exercise of powers

359CK Management of administrative affairs of Board

359CL Arrangement of business of Board

359CM Board members to constitute Board for purposes of a review

359CN Board member ceasing to be Board member etc.

Part 4—Other matters

359D Staff

359DA Delegation by Principal Member

359DB Annual report

359DC Oath or affirmation of office

359DD Instruments that are not legislative instruments

Chapter 9—Repatriation Commission

Part 1—Simplified outline of this Chapter

360A Simplified outline of this Chapter

Part 2—Establishment of Commission

360B Establishment

360BA Application of the Public Governance, Performance and Accountability Act 2013 to the Commission

360BB Functions of the Commission

360BC Powers of the Commission

Part 3—Administration

Division 1—Membership etc.

360C Membership

360CA Appointment of Commissioners

360CB Period and basis of appointment

360CC Acting appointments

360CD Remuneration

360CE Leave of absence

360CF Other paid work

360CG Other terms and conditions

360CH Resignation

360CI Termination of appointment

360CJ Suspension of appointment

360CK Commissioner to disclose any interest in claims etc.

Division 2—Procedures of the Commission

360CL Convening meetings

360CM Presiding at meetings

360CN Quorum

360CO Voting at meetings

360CP Conduct of meetings

360CQ Minutes

360CR Decisions without meetings

Part 4—Other matters

360D Staff

360DA Contractors

360DB Delegation by the Commission

360DC Annual report

Chapter 9A—Repatriation Medical Authority

Part 1—Simplified outline of this Chapter

370A Simplified outline of this Chapter

Part 2—Establishment of Authority

370B Establishment

370BA Application of the Public Governance, Performance and Accountability Act 2013 to the Authority

370BB Functions and powers of the Authority

Part 3—Statements of Principles

Division 1—Preliminary

370C Meaning of related to service

370CA Meaning of sound medical‑scientific evidence

Division 2—Determining Statements of Principles

370CB Determining Statement of Principles—reasonable hypothesis

370CC Determining Statement of Principles—balance of probabilities

Division 3—Investigations by the Authority

Subdivision A—When investigations must be carried out

370CD Initial investigation

370CE Subsequent investigation

370CF Circumstances when investigation not required

Subdivision B—Action following investigation

370CG Action following investigation

Subdivision C—Requests for investigation or review

370CH Request for investigation or review

370CI Authority may consolidate requests

Subdivision D—Conduct of investigations

370CJ Notice of investigation

370CK Powers of Authority with respect to investigations

370CL Submissions to the Authority

Division 4—Matters relating to reviews by the Review Council

370CM Authority to send information to Review Council

370CN Action following review by Review Council

Part 4—Administration

Division 1—Membership etc.

370D Membership

370DA Appointment of Authority members

370DB Basis and period of appointment

370DC Acting appointments

370DD Remuneration

370DE Other terms and conditions

370DF Resignation

370DG Termination of appointment

Division 2—Procedures of the Authority

370DH Convening meetings

370DI Presiding at meetings

370DJ Quorum

370DK Voting at meetings

370DL Conduct of meetings

370DM Minutes

Part 5—Other matters

370E Staff

370EA Consultants

370EB Delegation by Chair of the Authority

370EC Annual report

Chapter 9B—Specialist Medical Review Council

Part 1—Simplified outline of this Chapter

380A Simplified outline of this Chapter

Part 2—Establishment of Review Council

380B Establishment

380BA Application of the Public Governance, Performance and Accountability Act 2013 to the Review Council

380BB Functions and powers of the Review Council

Part 3—Reviews by the Review Council

Division 1—Review of decisions of the Authority

380C Review of decision relating to Statement of Principles

380CA Review of decision not to carry out investigation

Division 2—Requests for review

380CB Request for review of contents of Statement of Principles

380CC Request for review of decision of Authority not to carry out an investigation

Division 3—Conduct of investigations

380CD Notice of investigation

380CE Submissions to Review Council

Division 4—Payment of medical and travelling expenses

380CF Medical expenses

380CG Travelling expenses for obtaining medical evidence

380CH Advance of travelling expenses for obtaining medical evidence

380CI Travelling expenses for making oral submissions

Part 4—Administration

Division 1—Membership etc.

380D Membership

380DA Appointment of Councillors

380DB Qualification for appointment

380DC Basis and period of appointment

380DD Acting appointments

380DE Remuneration

380DF Other terms and conditions

380DG Resignation

380DH Termination of appointment

Division 2—Procedures of the Review Council

380DI Constitution of Review Council for reviews

380DJ Convening meetings

380DK Presiding at meetings

380DL Voting at meetings

380DM Conduct of meetings

380DN Minutes

Part 5—Other matters

380E Staff

380EA Delegation by Convener of the Review Council

Chapter 10—Liabilities arising apart from this Act etc.

Part 1—Preliminary

386 Simplified outline of this Chapter

387 Interpretation

Part 2—Liability of the Commonwealth to other actions

388 Action for damages not to lie against Commonwealth etc. in certain cases

389 Choice to institute action for damages against the Commonwealth etc. for non‑economic loss

390 Notice of common law claims against the Commonwealth etc.

Part 3—Liability of third parties

Division 1—Notice of common law claims against third parties

391 Notice of common law claims against third parties

Division 2—Commission may institute proceedings or take over claims against third parties

392 Application of this Division to common law claims against third parties

393 Commission may make the claim or take over the claim

394 Commonwealth liable to pay costs of claim

395 Commission may conclude claim

396 Plaintiff must sign documents as required

397 Plaintiff must do as the Commission requires

398 What happens when damages are awarded

Division 3—Effect of recovering damages on entitlements

399 When Division applies

400 Notifying damages

401 Repaying compensation etc. after damages recovered

402 No compensation etc. after damages recovered

Division 4—Payment of damages by persons to the Commonwealth

403 Payment of damages by persons to the Commonwealth

Chapter 11—Miscellaneous

Part 1—Indexation

404 Indexation of amounts

404A Indexation of Victoria Cross allowance

404B Indexation of prisoner of war recognition supplement

Part 2—Obtaining and giving information etc.

405 Power of Commission to obtain information from claimant

406 Commission may obtain information etc.

407 Self‑incrimination

407A Defence Department and Defence Force may disclose information to Commission

407B Use of information by Commission

408 Offence for selling etc. goods provided under this Act without consent

408A Manner of giving notice or other document

409 Giving information

409A Commission must give certain documents on request

410 Judicial notice to be taken of certain matters

411 Evidence

411A Copyright in submissions

411B Access to information

412 Providing tax file numbers

413 How to satisfy the request under section 412

414 Compensation when request is not satisfied initially

Part 3—Recovering overpayments

Division 1—Recovery generally

415 Recovery of overpayments

Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit

416 Notice to Commission of retirement of person

417 Application of section 418

418 Commission may give a notice to the administrator of the scheme

419 Commission to give notice to incapacitated person

420 What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment

421 Administrator must pay the amount of overpayment to the Commonwealth

422 Compliance by the administrator

Part 4—Appropriation

423 Appropriation

Part 5—Special assistance

424 Special assistance

Part 5A—Clean energy payments

Division 6—Multiple entitlement exclusions

424L Multiple entitlement exclusions

Part 5B—Financial and legal advice

424M Financial and legal advice

Part 6—General

425 Assignment, set‑off or attachment of compensation

426 Payments to Commissioner of Taxation

427 Jurisdiction of courts with respect to extraterritorial offences

427A Commission may accept contributions

427B Commission may administer trusts

428 Commission may write off a debt

429 Commission may waive a debt

430 Payment into bank account etc.

430A Use of account details

431 Payments at person’s request

432 Trustees for persons entitled to compensation etc.

433 Powers of the trustee generally

434 Powers of Commonwealth etc. trustee to invest trust funds

435 Powers of investment for non‑Commonwealth trustee

436 Provisions applicable on death of person

437 Amounts of compensation

437A Delegation by Minister

438 Delegation by Chief of the Defence Force

Part 7—Regulations

439 Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4

440 Regulations

Chapter 12—Application of this Act to operational service

Part 1—Preliminary

441 Simplified outline of this Chapter

442 Definitions

Part 2—Application of this Act to operational service

443 This Act applies to operational service as if it were warlike service or non‑warlike service

Part 3—Service that is operational service

Division 1—Operational service

444 Operational service—world wars

445 Operational service—Australian mariners

446 Operational service—post‑World War 2 service in operational areas

447 Operational service—other post‑World War 2 service

448 Operational service—minesweeping and bomb/mine clearance service

449 Operational service—service on submarine special operations

450 Operational service—Korean demilitarised zone and Vietnam

Division 2—Operational areas

451 Meaning of operational area

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

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

Chapter 1—Introduction

Part 1—Preliminary

1  Short title

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

2  Commencement

 (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.

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Simplified outline of this Act

Note: Under section 203 of the VEA, the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

4  Extension to external Territories

  This Act extends to every external Territory.

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

 (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:

 (a) make a decision or determination; or

 (b) exercise any power or comply with any obligation; or

 (c) do anything else related to making a decision or determination or exercising a power or complying with an obligation.

 (1A) Subsection (1) does not apply to the following:

 (a) a decision or determination that the death of a person is not a service death;

 (b) a decision or determination that an injury sustained by a person is not a service injury;

 (c) a decision or determination that a disease contracted by a person is not a service disease.

 (2) For the purposes of this Act or the legislative instrument, the Commission is taken to have:

 (a) made a decision or determination; or

 (b) exercised a power or complied with an obligation; or

 (c) done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

Substituted decisions or determinations

 (3) The Commission may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision or determination made by the operation of the computer program is incorrect.

Note: For review of a determination made in substitution, see Chapter 8.

 (4) Subsection (3) does not limit Chapter 8 (about reconsideration and review of determinations).

5  Definitions

 (1) In this Act:

actual earnings:

 (a) in Part 3 of Chapter 4—has the meaning given by subsection 89(3); and

 (b) in Part 4 of Chapter 4—has the meaning given by subsection 132(1).

aggravated injury or disease means an injury or disease that is a service injury or disease because of paragraph 27(d), subsection 29(2) or section 30 (aggravations etc.) (and only because of that paragraph, subsection or section).

allowance period has the meaning given by subsection 230A(2).

alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes the following:

 (a) conferencing;

 (b) mediation;

 (c) neutral evaluation;

 (d) case appraisal;

 (e) conciliation;

 (f) procedures or services prescribed in an instrument under subsection (1A);

but does not include the following:

 (g) arbitration;

 (h) court procedures or services.

Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.

appointed Commissioner means a Commissioner other than the President.

approved program provider has the meaning given by section 41.

approved rehabilitation program has the meaning given by section 41.

attendant care services has the meaning given by section 213.

Australian contingent, in relation to a Peacekeeping Force, means a contingent of that Force that has been authorised or approved by the Australian Government.

Australian Defence Force has the same meaning as in the Defence Act 1903.

Australian Defence Force Cadets has the meaning given by the Defence Act 1903.

Australian member, in relation to a Peacekeeping Force, means a member of that Force whose membership has been authorised or approved by the Australian Government.

authorised travel, in relation to a member of a Peacekeeping Force, means travel authorised by the appropriate authority, being an authority approved by the Minister for the purpose.

Authority means the Repatriation Medical Authority continued in existence by section 370B.

Authority member means a member of the Authority, appointed under section 370DA, and includes the Chair of the Authority.

Board means the Veterans’ Review Board continued in existence by section 359B.

Board member means the Principal Member, a Senior Member or another member of the Board.

British nuclear test defence service has the meaning given by section 6B.

cadet means a member of the Australian Defence Force cadets.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

civilian work means work other than as a member of the Defence Force.

claimant means a person who has made a claim under section 319.

clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme:

 (b) a payment known as an energy supplement or a quarterly energy supplement;

 (c) an increase that is described using the phrase “energy supplement” and affects the rate of another payment that is provided for by the Act or scheme.

clean energy payment means energy supplement.

clean energy underlying payment means:

 (a) compensation under Part 2 of Chapter 4 (whether weekly compensation or a lump sum); or

 (b) Special Rate Disability Pension; or

 (ba) Additional Disablement Amount under Division 3A of Part 7 of Chapter 4; or

 (c) compensation under Division 2 of Part 2 of Chapter 5 (whether weekly compensation or a lump sum).

Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988.

Commission means the Repatriation Commission continued in existence by section 360B.

Commissioner means an appointed Commissioner or the President.

Commonwealth superannuation scheme means:

 (aa) for the purposes of the following provisions:

 (i) sections 89A and 89B;

 (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 and the Australian Defence Force Cover Act 2015; or

 (a) if a person’s normal earnings are worked out (or would be worked out if the person had not chosen a Special Rate Disability Pension) under:

 (i) Subdivision D of Division 4 of Part 4 of Chapter 4; or

 (ii) Division 5 of Part 4 of Chapter 4; or

 (iia) sections 126 and 126A;

 (iii) Subdivision D of Division 8 of Part 4 of Chapter 4;

  any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015; or

 (b) otherwise—any superannuation scheme under which the Commonwealth makes contributions on behalf of members of the Defence Force or the Australian Defence Force Cover Act 2015.

Note: Section 14 affects the operation of paragraph (a) of this definition.

compensable treatment has the meaning given by section 289.

compensation means compensation under this Act, including the following:

 (a) alterations provided, or aids and appliances provided or repaired, under section 56;

 (b) a Special Rate Disability Pension under Part 6 of Chapter 4;

 (ba) Additional Disablement Amount under Division 3A of Part 7 of Chapter 4;

 (c) MRCA supplement under section 221, 245 or 300;

 (d) education or training provided under the education scheme mentioned in Division 6 of Part 3 of Chapter 5;

 (da) prisoner of war recognition supplement under Part 3 of Chapter 5AA;

 (e) treatment provided under Chapter 6;

 (f) clean energy payments.

Conference Registrar means a Conference Registrar of the Board.

continuous full‑time Reservist means a member of the Reserves on continuous full‑time service.

continuous full‑time service (CFTS) means defence service of a continuous nature that is rendered by a member of the Reserves.

Councillor means a Councillor of the Review Council appointed under section 380DA, and includes the Convener of the Review Council.

date of commencement means 1 July 2026.

date of the member’s death for a deceased member means the date determined under section 343 for the member.

deceased member means a person:

 (a) who has died; and

 (b) who was a member or former member before his or her death.

declared member means a person to whom a determination under section 8 applies.

de facto relationship: see section 19A.

Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.

Defence Force means:

 (a) the Permanent Forces; and

 (b) the Reserves.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

defence service has the meaning given by subsection 6(1A).

dental practitioner means a person registered or licensed as a dental practitioner or dentist under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists.

dependant has the meaning given by section 15.

dependent means dependent for economic support.

Deputy Registrar means a Deputy Registrar of the Board.

disease means:

 (a) any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or

 (b) the recurrence of such an ailment, disorder, defect or morbid condition;

but does not include:

 (c) the aggravation of such an ailment, disorder, defect or morbid condition; or

 (d) a temporary departure from:

 (i) the normal physiological state; or

 (ii) the accepted ranges of physiological or biochemical measures;

  that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).

domicile has a meaning affected by section 19B.

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

duty, for a cadet or a declared member, has the meaning given by section 9.

Note: Duty has its ordinary meaning for other kinds of members.

eligible young person means:

 (a) a person under 16; or

 (b) a person who:

 (i) is 16 or more but under 25; and

 (ii) is receiving full‑time education at a school, college, university or other educational institution; and

 (iii) is not in full‑time employment or engaged in work full‑time on his or her own account.

energy supplement means energy supplement payable under section 83A, 209A, 220D or 238A.

expense allowance means an allowance paid in respect of any expense incurred, or likely to be incurred, by a person in respect of the person’s work.

former member means a person who has ceased to be a member.

Note: A cadet or a part‑time Reservist who is unlikely to be able to perform his or her duties in the future as a result of an incapacity might be taken to be a former member (see section 10).

full‑time service means defence service as:

 (a) a Permanent Forces member; or

 (b) a continuous full‑time Reservist.

guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024.

guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024.

hazardous service has the meaning given by section 6C.

hospital or other institution includes the following:

 (a) a home;

 (b) a hostel;

 (c) a medical centre;

 (d) an out‑patient clinic;

 (e) a rehabilitation or training establishment.

household services has the meaning given by section 213.

impairment, in relation to a person, means the loss, the loss of the use, or the damage or malfunction, of any part of the person’s body, of any bodily system or function, or of any part of such a system or function.

impairment points of a person means the points worked out for the person using the guide determined under section 67.

incapacitated person:

 (a) in Division 5 of Part 4 of Chapter 4—has the meaning given by section 152; and

 (b) in Division 6 of Part 4 of Chapter 4—has the meaning given by section 160; and

 (c) in Division 7 of Part 4 of Chapter 4—has the meaning given by section 163; and

 (d) in Division 8 of Part 4 of Chapter 4—has the meaning given by section 166.

incapacitated Reservist:

 (a) in Division 3 of Part 3 of Chapter 4—has the meaning given by section 94; and

 (b) in Division 4 of Part 3 of Chapter 4—has the meaning given by section 103; and

 (c) in Division 5 of Part 3 of Chapter 4—has the meaning given by section 107.

incapacity for service, in relation to a person who has sustained an injury or contracted a disease, means an incapacity of the person to engage in the defence service that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged.

Note: For example, a person might be unable to engage in defence service at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.

incapacity for service or work means incapacity for service or incapacity for work.

incapacity for work, in relation to a person who has sustained an injury or contracted a disease, means:

 (a) an incapacity of the person to engage in the work that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged; or

 (b) if the person was not previously engaged in work, an incapacity of the person to engage in any work that it is reasonably likely that he or she would otherwise be engaged in.

Note: For example, a person might be unable to engage in work at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours.

indexation year means the financial year commencing on 1 July 2003, and each subsequent financial year.

initial training for a person means:

 (a) for an officer (other than a non‑commissioned officer)—training undertaken to become a commissioned officer; and

 (b) otherwise—recruit training and initial employment training undertaken to allocate the person to a category of defence work.

injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:

 (a) a disease; or

 (b) the aggravation of a physical or mental injury.

legal personal representative means:

 (a) the executor of the will, or the administrator of the estate, of a deceased person; or

 (b) the trustee of the estate of a person under a legal disability; or

 (c) a person who holds an enduring power of attorney granted by another person; or

 (d) a person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person.

medical aid of a person means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, that is used by the person.

medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

member means:

 (a) a member of the Defence Force; or

 (b) a cadet; or

 (ba) a person to whom section 7A applies; or

 (c) a declared member; or

 (d) a member of a Peacekeeping Force.

member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force.

National Registrar means the National Registrar of the Board.

non‑warlike service has the meaning given by paragraph 6(1)(b).

normal earnings:

 (a) in Part 3 of Chapter 4—has the meaning given by subsection 89(3);

 (b) in Part 4 of Chapter 4—has the meaning given by subsection 132(2).

normal weekly hours has the meaning given by subsection 132(2).

onset date, for a person’s incapacity for service or work, means the date determined under section 342 for the person.

operational service has the meaning given by sections 444 to 450.

overtime includes:

 (a) time spent performing duties on shifts or on Saturdays, Sundays or other holidays; and

 (b) excess travelling time;

that does not count towards the average number of hours worked.

paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection.

partner of a member means a person in respect of whom at least one of the following applies:

 (a) if the member is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands—the person is recognised as the member’s husband, wife or spouse by the custom prevailing in the tribe or group to which the member belongs;

 (b) the person is legally married to the member;

 (ba) a relationship between the person and the member (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (c) the person (whether of the same sex or a different sex to the member):

 (i) is, in the Commission’s opinion (see section 19A), in a de facto relationship with the member; and

 (ii) is not an ancestor, descendant, brother, sister, half‑brother or half‑sister of the member (see subsection (3)).

Note: This section also applies to former members (see section 20).

part‑time Reservist means a member of the Reserves who is not on continuous full‑time service.

pay‑related allowance means an allowance specified in a determination under section 11.

Peacekeeping Force has the meaning given by subsection 6A(3).

peacekeeping service has the meaning given by subsection 6A(1).

peacetime service has the meaning given by paragraph 6(1)(c).

pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991.

Permanent Forces has the same meaning as in the Defence Act 1903.

Permanent Forces member means a member of the Permanent Forces.

pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.

pharmaceutical benefits determination: see subsection 286(3).

practising lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and who holds a practising certificate (however described) entitling the person to practise that profession.

practitioner means a person:

 (a) who is a medical practitioner; or

 (b) who is a dental practitioner.

President means the President of the Commission.

presiding Councillor: see subsection 380DK(3).

Principal Member means the Principal Member of the Board.

registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act.

Registrar means a Registrar of the Board.

rehabilitation authority has the meaning given by section 39.

rehabilitation program has the meaning given by section 41.

related person of a member has the meaning given by subsection 15(2).

related to service: see section 370C.

Reserves has the same meaning as in the Defence Act 1903.

retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997.

Review Council means the Specialist Medical Review Council continued in existence by section 380B.

Secretary means Secretary of the Department.

Senior Member means a Senior Member of the Board.

service death has the meaning given by section 28 and subsection 29(3).

service disease has the meaning given by section 27, subsections 29(1) and (2) and section 30.

Note: A reference to a service disease being contracted includes a reference to a disease being aggravated by defence service (see section 7).

service injury has the meaning given by section 27, subsections 29(1) and (2) and section 30.

Note: A reference to a service injury being sustained includes a reference to an injury being aggravated by defence service (see section 7).

service injury, disease or death means a service injury, a service disease or a service death.

service injury or disease means a service injury or a service disease.

Services member means a Board member who, when appointed or re‑appointed as a Board member, was a person selected from lists submitted in accordance with a request made under subsection 359C(3).

sound medical‑scientific evidence: see section 370CA.

Special Rate Disability Pension has the meaning given by section 198.

SRC Minister means the Minister administering Division 3 of Part VII of the Safety, Rehabilitation and Compensation Act 1988.

Statement of Principles means a Statement of Principles determined under:

 (a) section 370CB (Statement of Principles—reasonable hypothesis); or

 (b) section 370CC (Statement of Principles—balance of probabilities); or

 (c) subsection 370CN(1) (Statement of Principles where directed by the Review Council—reasonable hypothesis); or

 (d) subsection 370CN(3) (Statement of Principles where directed by the Review Council—balance of probabilities).

stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.

step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.

suitable work for a person means work for which the person is suited having regard to the following:

 (a) the person’s age, experience, training, language and other skills;

 (b) the person’s suitability for rehabilitation or vocational retraining;

 (c) if work is available in a place that would require the person to change his or her place of residence—whether it is reasonable to expect the person to change his or her place of residence;

 (d) any other relevant matter.

treatment has the meaning given by section 13.

treatment determination: see subsection 286(4).

Tribunal means the Administrative Review Tribunal.

trust funds, in respect of a trustee of payments of compensation or other benefits, means the following:

 (a) the amounts of compensation or other benefits received by the trustee;

 (b) interest on those amounts;

 (c) investments of the compensation, benefits or interest;

 (d) returns received on those investments.

VEA means the Veterans’ Entitlements Act 1986.

VEA eligible child has the meaning given by subsection 257A(1).

VEA eligible grandchild has the meaning given by subsection 257A(1).

vocational assessment and rehabilitation has the meaning given by section 41.

warlike service has the meaning given by paragraph 6(1)(a).

wholly dependent partner of a deceased member means a person:

 (a) who was the partner of the member immediately before his or her death; and

 (b) who was wholly dependent on the member at that time.

Note: A partner who was living with a deceased member immediately before the member’s death is taken to have been wholly dependent on the partner (see section 17).

work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).

 (1A) The Minister may, by legislative instrument, prescribe procedures or services for the purposes of paragraph (f) of the definition of alternative dispute resolution processes in subsection (1).

 (3) For the purposes of subparagraph (c)(ii) of the definition of partner in subsection (1), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.

Part 2—Kinds of service to which this Act applies

6  Defence service

 (1A) For the purposes of this Act, the following kinds of service are defence service:

 (a) warlike service;

 (b) non‑warlike service;

 (c) British nuclear test defence service;

 (d) hazardous service;

 (e) peacetime service.

Note: This Act applies in relation to operational service as if it were warlike service or non‑warlike service (see section 443).

 (1) In this Act:

 (a) warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be warlike service for the purposes of this Act; and

 (b) non‑warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be non‑warlike service for the purposes of this Act, or service that is peacekeeping service; and

 (c) peacetime service means service with the Defence Force that is not any of the following:

 (i) warlike service;

 (ii) non‑warlike service;

 (iii) British nuclear test defence service;

 (iv) hazardous service.

Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).

 (2) For the purposes of subsection (1), service with the Defence Force means:

 (a) for a cadet—participation in the activities of the Australian Defence Force cadets; and

 (b) for a declared member—engagement in, or performance of, activities or acts specified in the determination under section 8 that applies to the member.

6A  Meanings of peacekeeping service and Peacekeeping Force

 (1) Peacekeeping service means service rendered by a person with a Peacekeeping Force outside Australia, and includes:

 (a) any period after the person’s appointment or allocation to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force; and

 (b) any period (not exceeding 28 days) of authorised travel by the person outside Australia after the person has ceased to serve with the Peacekeeping Force.

 (2) For the purposes of subsection (1):

 (a) a person who has travelled from a place in Australia to a place outside Australia is taken to have commenced to travel outside Australia when the person departed from the last port of call in Australia; and

 (b) a person who has travelled to Australia from a place outside Australia is taken to have been travelling outside Australia until the person arrived at the first port of call in Australia.

 (3) A Peacekeeping Force described in column 1 of an item of the following table is a Peacekeeping Force for the purposes of this Act on and from the initial date specified in column 2 of the item.

6B  British nuclear test defence service

 (1) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force, the person rendered service in an area mentioned in an item of the following table during the period mentioned in the item.

 (2) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force:

 (a) the person was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment at any time during a period mentioned in an item of the following table; and

 (b) the vessel, vehicle, aircraft or equipment was contaminated as a result of its use in the area mentioned in the item.

 (3) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force and at a time between the start of 3 October 1952 and the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force that was at that time:

 (a) used in measuring fallout from nuclear tests conducted in an area described in the table in subsection (1); and

 (b) contaminated by the fallout.

 (4) A person has rendered British nuclear test defence service if:

 (a) the service was rendered while the person was a member of the Defence Force; and

 (b) the person satisfies the requirements specified in an instrument under subsection (5).

 (5) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (4).

6C  Hazardous service

  Hazardous service is service with the Defence Force, before 1 July 2004, that is of a kind determined by the Defence Minister, by legislative instrument, to be hazardous service for the purposes of this section.

Part 3—Other interpretation provisions

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

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

7A  Classes of members

  For the purposes of paragraph (ba) of the definition of member in subsection 5(1), this section applies to the following:

 (a) a person who holds an honorary rank or appointment in the Defence Force and who performs acts at the request or direction of the Defence Force;

 (b) a person who performs acts at the request or direction of the Defence Force as an accredited representative of a registered charity (where the accreditation is by the Defence Force);

 (c) a person who is receiving assistance under the Career Transition Assistance Scheme established under a determination under section 58B of the Defence Act 1903 and who performs acts in connection with the scheme.

8  Ministerial determinations that other people are members

 (1) The Defence Minister may make a written determination that a person, or a class of persons, who engage, or have engaged, in activities, or who perform, or have performed, acts:

 (a) at the request or direction of the Defence Force; or

 (b) for the benefit of the Defence Force; or

 (c) in relation to the Defence Force, under a requirement made by or under a Commonwealth law;

are taken to be, or to have been, members for the purposes of this Act.

Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).

 (2) The determination must specify:

 (a) the date (which may be retrospective) from which the determination applies; and

 (b) the person, or class of persons, to whom the determination applies; and

 (c) the activities or acts, or classes of activities or acts, to which the determination applies.

 (3) The date referred to in paragraph (2)(a) must be, or be after, the date on which this section commences.

 (4) A determination, or a variation or revocation of a determination, is a legislative instrument.

9  Definition of duty for cadets and declared members

  In this Act:

duty:

 (a) for a cadet—means participation in an activity mentioned in paragraph 6(2)(a); and

 (b) for a declared member—means engagement in or performance of an activity or act specified in the determination that applies to the member, as mentioned in paragraph 6(2)(b).

Note: Duty has its ordinary meaning for other kinds of members.

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

Determination that part‑time Reservist unlikely to return to defence service

 (1) If a claim for compensation has been made under section 319 in respect of a part‑time Reservist, the Chief of the Defence Force may advise the Commission in writing if the Reservist is unlikely to be able to perform the duties of a part‑time Reservist in the future as a result of his or her incapacity.

Determination that cadet unlikely to return to defence service

 (2) If a claim for compensation has been made under section 319 in respect of a cadet, the commanding officer of the cadet’s unit may advise the Commission in writing if the cadet is unlikely to be able to perform the duties of a cadet in the future as a result of his or her incapacity.

Person taken to have ceased to be a member

 (3) If the Commission is given an advice in respect of a person under subsection (1) or (2), the person is taken to have ceased to be a member for the purposes of this Act.

Advice to specify the date

 (4) The advice must specify the date (which must not be retrospective) from which the person is taken to have ceased to be a member for the purposes of this Act.

11  Ministerial determination of pay‑related allowances

 (1) The Defence Minister must make a written determination specifying which allowances that are paid under a determination made under section 58B or 58H of the Defence Act 1903 are pay‑related allowances for the purposes of this Act.

Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901).

 (2) A determination, or a variation or revocation of a determination, is a legislative instrument.

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

Deceased member whose death was a service death

 (1) This section applies in respect of a deceased member if the Commission has accepted liability for the member’s death.

Note: A dependant of a deceased member in respect of whom this section applies might be entitled to compensation under Chapter 5 or 6.

Deceased members eligible for Special Rate Disability Pension

 (2) This section applies in respect of a deceased member if the member satisfied the eligibility criteria in section 199 (persons who are eligible for Special Rate Disability Pension) during some period of his or her life.

Deceased members eligible for Additional Disablement Amount

 (2A) This section applies in respect of a deceased member if the member satisfied the eligibility criteria in section 220A (Additional Disablement Amount) during some period of the member’s life.

Deceased members with 80 impairment points

 (3) This section applies in respect of a deceased member if the Commission has determined under Part 2 of Chapter 4 that the impairment suffered by the deceased member before the member’s death, as a result of one or more service injuries or diseases, constituted 80 or more impairment points.

13  Definition of treatment

 (1) In this Act:

treatment means treatment provided, or action taken, with a view to:

 (a) restoring a person to physical or mental health or maintaining a person in physical or mental health; or

 (b) alleviating a person’s suffering; or

 (c) ensuring a person’s social well‑being.

 (2) For the purposes of subsection (1), treatment includes:

 (a) providing accommodation in a hospital or other institution, or providing medical procedures, nursing care, social or domestic assistance or transport; and

 (b) supplying, renewing, maintaining and repairing artificial replacements, medical aids and other aids and appliances; and

 (c) providing diagnostic and counselling services;

for the purposes of, or in connection with, any treatment.

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

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

15  Definitions of dependant and related person

 (1) A dependant of a member means a related person of the member:

 (a) who is wholly or partly dependent on the member; or

 (b) who would be wholly or partly dependent on the member but for an incapacity of the member that resulted from an injury or disease or an aggravation of an injury or disease.

Note 1: Sections 17 and 18 set out some examples of when a person is wholly dependent on a member.

Note 2: This section also applies to former members (see section 20).

 (2) A related person of a member is:

 (a) any of the following persons:

 (i) the member’s partner;

 (ii) a parent or step‑parent of the member;

 (iii) a parent or step‑parent of the member’s partner;

 (iv) a grandparent of the member;

 (v) a child or stepchild of the member;

 (vi) a child or stepchild of the member’s partner;

 (vii) a grandchild of the member;

 (viii) the member’s brother, sister, half‑brother or half‑sister; or

Note: This paragraph is affected by section 16.

 (b) a person in respect of whom the member stands in the position of a parent; or

 (c) a person who stands in the position of a parent to the member.

16  Certain relationships

 (1) For the purposes of paragraph 15(2)(a), if one person is the child of another person because of:

 (a) adoption; or

 (b) the definition of child in this Act;

relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

 (2) For the purposes of paragraphs 215(f) and 218(g), the relatives of a person are taken to include the following (without limitation):

 (a) a partner of the person;

 (b) a stepchild or an adopted child of the person, or someone of whom the person is a stepchild or an adopted child;

 (c) someone who is a child of the person, or someone of whom the person is a child, because of the definition of child in this Act;

 (d) anyone else who would be a relative of the person if someone mentioned in paragraph (a), (b) or (c) is taken to be a relative of the person.

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

Partners

 (1) For the purposes of this Act, the partner of a member is taken to be wholly dependent on the member if:

 (a) the partner lives with the member; or

 (b) the Commission is of the opinion that the partner would be living with the member but for a temporary absence of the member or partner or but for an absence of the member or partner due to illness or infirmity.

Note: This subsection also applies to former members (see section 20).

Eligible young persons

 (2) For the purposes of this Act, an eligible young person is taken to be wholly dependent on a member if:

 (a) either:

 (i) the young person lives with the member; or

 (ii) the Commission is of the opinion that the young person would be living with the member but for a temporary absence of the member or young person or but for an absence of the member or young person due to illness or infirmity; or

 (b) the member is liable to provide child support under the Child Support (Assessment) Act 1989 for the young person.

Note: This subsection also applies to former members (see section 20).

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

 (1) For the purposes of this Act, a child of a deceased member who is born alive after the member’s death:

 (a) is taken to have been wholly dependent on the member immediately before the member’s death; and

 (b) is taken to have been an eligible young person immediately before the member’s death.

Note: A deceased member may be a member or former member at the time of his or her death (see the definition of deceased member in section 5).

 (2) For the purposes of this Act, if, before a deceased member’s death, a member begins adoption proceedings to adopt a child, and the proceedings are finalised after the member’s death, the child:

 (a) is taken to have been wholly dependent on the member immediately before the member’s death; and

 (b) is taken to have been an eligible young person immediately before the member’s death.

Note: A deceased member may be a member or former member at the time of his or her death (see the definition of deceased member in section 5).

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

  For the purposes of ascertaining whether a person is or was dependent on a member, any amount of the following benefits must not be taken into account:

 (a) family tax benefit worked out under Part 2 or 3 of Schedule 1 to the A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate);

 (b) carer’s allowance under the Social Security Act 1991;

 (c) double orphan pension under the Social Security Act 1991.

Note: This section also applies to former members (see section 20).

19A  De facto relationships

  In forming an opinion for the purposes of this Act whether 2 people are living together in a de facto relationship, regard is to be had to all the circumstances of the relationship including, in particular, the following matters:

 (a) the financial aspects of the relationship, including:

 (i) any joint ownership of real estate or other major assets and any joint liabilities; and

 (ii) any significant pooling of financial resources especially in relation to major financial commitments; and

 (iii) any legal obligations owed by one person in respect of the other person; and

 (iv) the basis of any sharing of day‑to‑day household expenses;

 (b) the nature of the household, including:

 (i) any joint responsibility for providing care or support of children; and

 (ii) the living arrangements of the people; and

 (iii) the basis on which responsibility for housework is distributed;

 (c) the social aspects of the relationship, including:

 (i) whether the people hold themselves out as being in a de facto relationship with each other; and

 (ii) the assessment of friends and regular associates of the people about the nature of their relationship; and

 (iii) the basis on which the people make plans for, or engage in, joint social activities;

 (d) any sexual relationship between the people;

 (e) the nature of the people’s commitment to each other, including:

 (i) the length of the relationship; and

 (ii) the nature of any companionship and emotional support that the people provide to each other; and

 (iii) whether the people consider that the relationship is likely to continue indefinitely; and

 (iv) whether the people see their relationship as a de facto relationship.

19B  Domicile

 (1) A person is taken for the purposes of this Act to have been capable of having an independent domicile at a time before 1 July 1982 if the person had turned 18 at or before that time.

Note: Subsection 8(1) of the Domicile Act 1982 has a similar effect for a time occurring on or after 1 July 1982.

 (2) Subsection (1) has effect despite any rule of law to the contrary.

20  Some references to members include references to former members

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

Chapter 2—Accepting liability for service injuries, diseases and deaths

Part 1—Simplified outline of this Chapter

21  Simplified outline of this Chapter

Part 2—When the Commission must accept liability for service injuries, diseases and deaths

22  Simplified outline of this Part

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

When Commission must accept liability for service injuries and diseases

 (1) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:

 (a) the person’s injury or disease is a service injury or disease under section 27; and

 (b) the Commission is not prevented from accepting liability for the injury or disease by Part 4; and

 (c) a claim for acceptance of liability for the injury or disease has been made under section 319.

Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.

Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:

(a) claims that the injury or disease is a service injury or disease that relates to peacetime service;

(b) all claims when determining whether a person sustained a particular injury or contracted a particular disease;

(c) all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part 4.

Note 3: Section 335 does not apply when determining whether a person’s injury or disease is a service injury or a service disease if the presumption in subsection 27A(1) or (2) (that certain injuries and diseases are attributable to defence service) is relied on (see subsection 335(4)).

When Commission must accept liability for service injuries and diseases arising from Commonwealth treatment

 (2) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:

 (a) the person’s injury or disease is a service injury or disease under section 29 (arising from treatment provided by the Commonwealth); and

 (b) a claim for acceptance of liability for the injury or disease has been made under section 319.

Note: The standard of proof mentioned in subsection 335(3) applies to all claims:

(a) that an injury or disease is a service injury or disease under section 29; and

(b) when determining whether a person sustained a particular injury or contracted a particular disease.

When Commission must accept liability for service injuries and diseases arising from aggravations of signs and symptoms

 (3) The Commission must accept liability for an injury sustained, or a disease contracted, by a person if:

 (a) the person’s injury or disease is a service injury or disease under section 30 (aggravations etc. of signs and symptoms); and

 (b) the Commission is not prevented from accepting liability for the injury or disease by Part 4; and

 (c) a claim for acceptance of liability for the injury or disease has been made under section 319.

Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the injury or disease is a service injury or disease that relates to warlike or non‑warlike service.

Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:

(a) claims that an injury or disease is a service injury or disease that relates to peacetime service; and

(b) all claims when determining whether a sign or symptom was aggravated etc.; and

(c) all claims when determining whether the Commission is prevented from accepting liability for the injury or disease by Part 4.

Acceptance of liability for aggravations etc. of injuries and diseases

 (4) A reference in this section to acceptance of liability for an injury or disease is taken to include a reference to acceptance of liability for an aggravation of an injury or disease.

Note: The definitions of injury and disease exclude aggravations (see section 5).

24  Commission’s acceptance of liability for service deaths

When Commission must accept liability for service deaths

 (1) The Commission must accept liability for the death of a person if:

 (a) the person’s death is a service death under section 28; and

 (b) the Commission is not prevented from accepting liability for the death by subsection 34(4) or section 35 or 36; and

 (c) a claim for acceptance of liability for the death has been made under section 319.

Note 1: The standard of proof mentioned in subsections 335(1) and (2) applies to claims that the death is a service death that relates to warlike or non‑warlike service.

Note 2: The standard of proof mentioned in subsection 335(3) applies to the following:

(a) claims that the death is a service death that relates to peacetime service;

(b) all claims when determining whether a person sustained or contracted a particular injury or disease;

(c) all claims when determining the cause of a person’s death;

(d) all claims when determining whether the Commission is prevented from accepting liability for the death by subsection 34(4) or section 35 or 36.

When Commission must accept liability for service deaths arising from Commonwealth treatment

 (2) The Commission must accept liability for the death of a person if:

 (a) the person’s death is a service death under section 29 (service death arising from treatment provided by the Commonwealth); and

 (b) a claim for acceptance of liability for the death has been made under section 319.

Note: The standard of proof mentioned in subsection 335(3) applies to all claims:

(a) that a death is a service death under section 29; and

(b) when determining the cause of a person’s death.

Commission must accept liability for deaths after being prevented from accepting liability for the injury or disease that resulted in the death

 (3) To avoid doubt, the Commission must accept liability for a service death even if the Commission was prevented by section 32 or 33 from accepting liability for a service injury or disease that resulted in the death.

Note: Sections 32 and 33 only prevent the Commission from accepting liability for a service injury or disease, and not a service death.

24A  Commission taken to have accepted liability for certain injuries and diseases

 (1) This section applies in relation to an injury sustained, or a disease contracted, by a person if:

 (a) before the date of commencement, the person made a claim for either of the following in respect of the injury or disease:

 (i) compensation under the DRCA;

 (ii) a pension under Part II or IV of the VEA; and

 (b) as a result of the determination of that claim (including any reconsideration or review of a decision made in relation to that claim):

 (i) if subparagraph (a)(i) applies—liability to pay compensation in respect of the injury or disease was accepted; or

 (ii) if subparagraph (a)(ii) applies—it was determined that the person was entitled to be granted a pension in respect of the injury or disease.

 (2) For the purposes of this Act, the regulations and any other instrument made under this Act:

 (a) the Commission is taken to have accepted liability for the injury or disease under this Chapter; and

 (b) the injury or disease is taken to be a service injury, or a service disease, as the case may be.

Note: This means that the person is not required to make a claim under section 319 for acceptance of liability for the injury or disease and the Commission is not required to reassess liability for the injury or disease.

25  Limited effect of acceptance of liability

  The Commission’s acceptance of liability for an injury, disease or death only has effect for the purposes of this Act.

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

Part 3—Definitions of service injury, service disease and service death

26  Simplified outline of this Part

27  Main definitions of service injury and service disease

  For the purposes of this Act, an injury sustained, or a disease contracted, by a person is a service injury or a service disease if one or more of the following apply:

 (a) the injury or disease resulted from an occurrence that happened while the person was a member rendering defence service;

 (b) the injury or disease arose out of, or was attributable to, any defence service rendered by the person while a member;

Note: Certain injuries and diseases are taken to be attributable to defence service (see subsections 27A(1) and (2)).

 (c) in the opinion of the Commission:

 (i) the injury was sustained due to an accident that would not have occurred; or

 (ii) the disease would not have been contracted;

  but for:

 (iii) the person having rendered defence service while a member; or

 (iv) changes in the person’s environment consequent upon his or her having rendered defence service while a member;

 (d) the injury or disease:

 (i) was sustained or contracted while the person was a member rendering defence service, but did not arise out of that service; or

 (ii) was sustained or contracted before the commencement of a period of defence service rendered by the person while a member, but not while the person was rendering defence service;

  and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, any defence service rendered by the person while a member after he or she sustained the injury or contracted the disease;

Note: This paragraph might not cover aggravations of, or material contributions to, signs and symptoms of an injury or disease (see Repatriation Commission v Yates (1995) 38 Administrative Law Decisions 80). This is dealt with in section 30.

 (da) the injury was sustained while the person was on duty as a member, whether or not as a result of performing that duty;

 (e) the injury or disease resulted from an accident that occurred while the person was travelling, while a member rendering peacetime service but otherwise than in the course of duty, on a journey:

 (i) to a place for the purpose of performing duty; or

 (ii) away from a place of duty upon having ceased to perform duty.

Note 1: Certain injuries and diseases are taken to be service injuries and service diseases (see section 24A).

Note 2: Sections 338 and 339 do not apply to an injury or disease that is covered by subparagraph (c)(i) or paragraph (da) or (e) of this section.

27A  Presumption that certain injuries and diseases are attributable to defence service

Injuries taken to be attributable to defence service

 (1) If:

 (a) a person has sustained an injury; and

 (b) the injury is of a kind specified in a determination under subsection (3) to be an injury attributable to defence service of a kind specified in the determination; and

 (c) the person was, at the time the injury was sustained, a member rendering defence service of that kind;

the injury is, for the purposes of paragraph 27(b), taken to be attributable to defence service rendered by the person while a member, unless the contrary is established.

Diseases taken to be attributable to defence service

 (2) If:

 (a) a person has contracted a disease; and

 (b) the disease is of a kind specified in a determination under subsection (3) to be a disease attributable to defence service of a kind specified in the determination; and

 (c) the person was, at any time before the disease was contracted, a member rendering defence service of that kind;

the disease is, for the purposes of paragraph 27(b), taken to be attributable to defence service rendered by the person while a member, unless the contrary is established.

Determination by the Commission

 (3) The Commission may, by written determination, specify the following:

 (a) one or more kinds of injury that are attributable to one or more kinds of defence service;

 (b) one or more kinds of disease that are attributable to one or more kinds of defence service.

 (4) Without limiting subsection (3), kinds of defence service may be specified by reference to the period during which the service was rendered.

 (5) To avoid doubt, a determination under subsection (3) may specify a kind of injury, or a kind of disease, irrespective of whether a Statement of Principles is, or has been, determined in respect of that kind of injury or that kind of disease.

Variation or revocation of determination

 (6) The Commission may, by written determination, vary or revoke a determination under subsection (3).

Determination etc. must be approved by the Minister

 (7) A determination, and any variation or revocation of a determination, under subsection (3) has no effect unless the Minister had approved the determination, variation or revocation in writing.

Legislative instruments

 (8) A determination, and any variation or revocation of a determination, under subsection (3) prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination, variation or revocation is approved.

28  Main definition of service death

Definition of service death

 (1) For the purposes of this Act, the death of a person is a service death if one or more of the following apply:

 (a) the death resulted from an occurrence that happened while the person was a member rendering defence service;

 (b) the death arose out of, or was attributable to, any defence service rendered by the person while a member;

 (c) in the opinion of the Commission, the death was due to:

 (i) an accident that would not have occurred; or

 (ii) a disease that would not have been contracted;

  but for:

 (iii) the person having rendered defence service while a member; or

 (iv) changes in the person’s environment consequent upon his or her having rendered defence service while a member;

 (d) the injury or disease from which the person died:

 (i) was sustained or contracted while the person was a member rendering defence service, but did not arise out of that service; or

 (ii) was sustained or contracted before the commencement of a period of defence service rendered by the person while a member, but not while the person was rendering defence service;

  and, in the opinion of the Commission, the injury or disease was contributed to in a material degree by, or was aggravated by, any defence service rendered by the person while a member after he or she sustained the injury or contracted the disease;

 (e) the injury or disease from which the person died is an injury or disease that has been determined under section 27, 29 or 30 to be a service injury or a service disease, as the case may be;

Note 1: The effect of this paragraph is that, if the person has died from an injury or disease that has already been determined by the Commission to be a service injury or disease, the death is a service death. Accordingly, the Commission is not required to relate the death to defence service rendered by the person and sections 338 and 339 do not apply.

Note 2: This paragraph does not apply to certain aggravations etc. of injuries and diseases (see subsection (2)).

 (ea) the death occurred while the person was on duty as a member, whether or not as a result of performing that duty;