Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
No. 52, 2004
Compilation No. 10
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 (Consequential and Transitional Provisions) 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Introduction
1 Short title
2 Commencement
4 Definitions
5 Definition of relates to defence service
6 References to injuries sustained before commencement of Part X to the DRCA
Part 2—Application of the MRCA to injuries, diseases, deaths, losses and damage
7 Application of the MRCA to injuries, diseases, deaths, losses and damage
Part 3—Persons who have both VEA/DRCA and MRCA injuries and diseases
12 Interactions between certain entitlements
13 Bringing across impairment points from a VEA or DRCA injury or disease
14 Offsetting VEA and DRCA payments against a Special Rate Disability Pension
14A Offsetting VEA and DRCA payments against Additional Disablement Amount
Part 4—Other matters
22 Bringing across declared member declarations
23 Decisions reviewable under Chapter 8 of the MRCA
24 Regulations may provide for transitional etc. issues
24A Exercise of certain powers by Military Rehabilitation and Compensation Commission during transition period
Part 5—Transitional provisions relating to reviews by the Veterans’ Review Board
Division 1—Preliminary
25 Definitions
Division 2—Application of new review pathway
26 Original determinations under the MRCA
27 Determinations under the DRCA
28 Decisions under the VEA
Division 3—Continuation of Board
29 Members of the Board
30 Acting members of the Board
31 Leave of absence
32 Staff
33 Delegations by Principal Member
34 Delegations by Minister to Principal Member
35 Board annual reports
Division 4—Other matters
36 Effect of things done by, or in relation to, the Board
37 Reviews in progress
38 Continued effect of certain instruments
39 Transitional regulations
Division 5—Transitional provisions relating to review of certain DRCA determinations
39A Definitions
39B Determinations under sections 36 and 37 of the DRCA
39C Validation of certain decisions made by the Board
Part 6—Other application and transitional provisions relating to the Simplification Act
Division 1—Preliminary
40 Definitions
Division 2—Transitional provisions relating to the Repatriation Commission
Subdivision A—Continuation of Commission
41 Commissioners
42 Acting Commissioners
43 Cessation of appointment of Deputy President
44 Staff
45 Contractors
46 Delegations by the Commission
47 Commission annual reports
Subdivision B—Other matters
48 Assets and liabilities of the Commission
49 Contributions made to Commission
50 Continued effect of certain trust arrangements etc under the DRCA
51 Continued effect of certain trust arrangements etc. under the VEA
52 Determinations by the Commission
53 Effect of things done by, or in relation to, the Commission
Division 3—Transitional provisions relating to the MRCC
Subdivision A—Things done by or in relation to the MRCC
54 Members of the MRCC
55 Acting members of the MRCC
56 Cessation of appointment of certain members of the MRCC
57 Staff
58 Consultants
59 Delegations by the MRCC
60 MRCC annual reports
Subdivision B—Other matters
61 Assets and liabilities of the MRCC
62 Transfer of records
63 Legal proceedings involving the MRCC
64 Things done by, or in relation to, the MRCC
65 References to the MRCC in instruments
66 Compensation for acquisition of property
Division 4—Transitional provisions relating to the Repatriation Medical Authority
Subdivision A—Continuance of the Authority
67 Members of the Authority
68 Chair of the Authority
69 Staff
70 Consultants
71 Delegations by the Chair
72 Authority annual reports
Subdivision B—Other matters
73 Assets and liabilities of the Authority
74 Statements of Principles
75 Requests for investigation by the Authority
76 Directions by the Review Council
77 Sending information to the Review Council
Division 5—Transitional provisions relating to the Specialist Medical Review Council
Subdivision A—Continuance of the Review Council
78 Members of the Review Council
79 Convener of the Review Council
80 Staff
81 Delegations by the Convener
Subdivision B—Other matters
82 Assets and liabilities of the Review Council
83 Requests for review of Statement of Principles by the Review Council
84 Requests for review of decision by the Authority
85 Payment of medical and travel expenses
86 Continued effect of regulations relating to medical and travel expenses
87 Directions about lodgement of requests and applications
Division 6—Other application and transitional provisions
Subdivision A—Amendments made by Schedule 1
88 Effect of closing eligibility to DRCA on pending claims
89 Effect of closing eligibility to VEA on pending claims and applications
90 Bringing across certain instruments relating to pre‑2004 operations
91 Application provision—permanent impairment
92 Transfer of old DRCA incapacity compensation recipients to MRCA
93 Pending claims for DRCA incapacity compensation
94 References in certain instruments to employees receiving compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA
95 Continued effect of acute support packages under the old DRCA
96 Application provision—section 30D of the VEA
97 Application provision—liability restrictions on tobacco use
98 Application provision—medical event on duty
99 Application provision—posthumous permanent impairment payments
100 Application provision—overpayments and debts
101 Application provision—common law damages
102 Application provision—information sharing
103 Offsetting
104 Bringing across rehabilitation programs under the DRCA and VEA
Subdivision B—Amendments made by Schedule 2
105 Application provision—funeral compensation
106 Pending applications for VEA funeral benefits
107 Pending claims for DRCA funeral expenses
108 Decoration allowance
109 Transfer of old VEA prisoner of war recognition supplement recipients to MRCA
110 Pending claims for prisoner of war recognition supplement and prisoner of war compensation
111 Transfer of VEA Veterans’ Children Education Scheme recipients to MRCA
112 Pending applications under Part VII of the old VEA
113 Reviews under section 116D of the old VEA
114 Continued effect of certain determinations made under Part VII of the old VEA
115 Application provision—additional compensation for children of severely impaired veterans
116 Travel for treatment arrangements
117 All treatment to be provided under MRCA in certain circumstances
117A Bringing across certain instruments relating to treatment
118 Application provision—treatment arrangements
119 Application provision—presumptive liability
120 Application provision—additional disablement amount
Subdivision C—Amendments made by Schedule 6
121 Application provision—disability compensation cessation date
Subdivision D—Other matters
122 Transitional regulations
Part 7—Other application and transitional provisions
Division 1—Amendments made by the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026
123 Notices to Chief of Defence Force in connection with Board review
124 Notice to Commission of travel claim
125 Funeral compensation
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to amend laws, and to deal with transitional matters, in connection with the Military Rehabilitation and Compensation Act 2004, and for other purposes
Part 1—Introduction
1 Short title
This Act may be cited as the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) 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.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 27 April 2004 |
2. Sections 4 to 24 | At the same time as section 3 of the MRCA commences. | 1 July 2004 |
3. Schedules 1 and 2 | At the same time as section 3 of the MRCA commences. | 1 July 2004 |
4. Schedule 3, items 1 to 7 | At the same time as section 3 of the MRCA commences. | 1 July 2004 |
5. Schedule 3, items 7A and 7B | The later of: (a) the time when section 3 of the MRCA commences; and (b) the time when the Age Discrimination Act 2004 commences. | 1 July 2004 (paragraph (a) applies) |
6. Schedule 3, items 8 to 105 | At the same time as section 3 of the MRCA commences. | 1 July 2004 |
7. Schedule 4 | At the same time as section 3 of the MRCA commences. | 1 July 2004 |
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.
4 Definitions
(1) In this Act:
1912 Act means the Commonwealth Workmen’s Compensation Act 1912.
1930 Act means the Commonwealth Employees’ Compensation Act 1930.
1971 Act means the Compensation (Commonwealth Government Employees) Act 1971.
date of commencement means 1 July 2026.
DRCA means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.
injury includes an injury sustained before the commencement of Part X of the DRCA.
MRCA means the Military Rehabilitation and Compensation Act 2004.
old injury or disease has the meaning given by section 13.
relates to defence service has the meaning given by section 5.
Simplification Act means the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025.
SRCA means the Safety, Rehabilitation and Compensation Act 1988.
VEA means the Veterans’ Entitlements Act 1986.
(2) Expressions used in this Act that are defined in the MRCA have the same meanings as they have in that Act.
5 Definition of relates to defence service
Definition of relates to defence service for injuries, diseases and deaths
(1) For the purposes of this Act, an injury, disease or death relates to defence service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(ba) in the case of an injury or disease—it is taken to be attributable to that service under subsection 27A(1) or (2) of the MRCA; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that 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; or
(d) in the case of an injury—it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person’s environment consequent upon his or her having rendered that service; or
(e) in the case of a disease—it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person’s environment consequent upon his or her having rendered that service; or
(f) in the case of a death of a person—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person’s environment consequent upon his or her having rendered that service.
Definition of relates to defence service for aggravations and material contributions
(2) For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, relates to defence service rendered by a person if:
(a) it resulted from an occurrence that happened while the person was rendering that service; or
(b) it arose out of, or was attributable to, that service; or
(c) it resulted from an accident that occurred while the person was travelling, while rendering that 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; or
(d) in the case of an aggravation of, or a material contribution to, an injury, or a sign or symptom of an injury—it resulted from an accident that would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person’s environment consequent upon his or her having rendered that service; or
(e) in the case of an aggravation of, or a material contribution to, a disease, or a sign or symptom of a disease—it would not have occurred:
(i) but for the rendering of that service by the person; or
(ii) but for changes in the person’s environment consequent upon his or her having rendered that service.
6 References to injuries sustained before commencement of Part X to the DRCA
A reference in this Act to an injury sustained before the commencement of Part X of the DRCA is a reference to an injury within the meaning of whichever of the 1912 Act, the 1930 Act or the 1971 Act was in force at the time the injury was sustained, as that Act was in force at that time.
Part 2—Application of the MRCA to injuries, diseases, deaths, losses and damage
7 Application of the MRCA to injuries, diseases, deaths, losses and damage
Application to injuries, diseases and deaths
(1) On and after the date of commencement, the MRCA applies to a person’s injury, disease or death:
(a) whether the injury is sustained, the disease is contracted, or the death occurs, before, on or after that date; and
(b) whether the injury, disease or death relates to defence service rendered by the person before, on or after that date.
Application to aggravations of, and material contributions to, injuries and diseases
(2) On and after the date of commencement, the MRCA applies to an aggravation of, or a material contribution to, a person’s injury or disease, or a sign or symptom of a person’s injury or disease:
(a) whether the aggravation or material contribution occurs before, on or after that date; and
(b) whether the aggravation or material contribution relates to defence service rendered by the person before, on or after that date.
Application to injuries, diseases and deaths caused by certain treatment
(3) On and after the date of commencement, the MRCA applies to an injury, disease or death that occurs as a consequence, or an unintended consequence, of treatment of a kind mentioned in section 29 of the MRCA:
(a) whether the injury is sustained, the disease is contracted, or the death occurs, before, on or after that date; and
(b) whether the treatment is provided before, on or after that date.
(4) On and after the date of commencement, the MRCA applies to an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, that occurs as a consequence, or an unintended consequence, of treatment of a kind mentioned in section 29 of the MRCA:
(a) whether the aggravation or material contribution occurs before, on or after that date; and
(b) whether the treatment is provided before, on or after that date.
Application to loss or damage to medical aids
(5) On and after the date of commencement, the MRCA applies to the loss of, or damage to, a member’s medical aid, whether the loss or damage results from an occurrence that happens before, on or after that date.
Part 3—Persons who have both VEA/DRCA and MRCA injuries and diseases
12 Interactions between certain entitlements
Compensation for permanent impairment
(1) A person is not entitled to compensation under section 68 of the MRCA in respect of impairment suffered as a result of an injury sustained, or a disease contracted, by the person if the person:
(a) has received compensation in respect of that impairment under:
(i) section 24 or 25 of the DRCA; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) is entitled to, and is receiving, a pension under Part II or IV of the VEA in respect of the impairment.
Note: This does not exclude the person from being entitled to additional compensation under section 71 of the MRCA in respect of additional impairment suffered as a result of a deterioration in the person’s original injury or disease.
Compensation for incapacity
(2) A person is not entitled to compensation under Part 3 or 4 of Chapter 4 of the MRCA for a period in respect of incapacity resulting from an injury sustained, or a disease contracted, by the person if the person:
(a) has received compensation for that period in respect of that incapacity under:
(i) section 19, 20, 21, 21A, 22 or 31 of the DRCA, as in force immediately before the date of commencement; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) is entitled to, and is receiving, a pension under Part II or IV of the VEA for that period in respect of that incapacity.
(3) A person is entitled to compensation under Part 3 or 4 of Chapter 4 of the MRCA for a period in respect of incapacity resulting from an injury sustained, or a disease contracted, by the person even if the person received compensation in respect of the same injury or disease for one or more other periods under section 19, 20, 21, 21A, 22 or 31 of the DRCA, as in force immediately before the date of commencement.
Note: See also section 92 of this Act in respect of persons who are being paid compensation for incapacity under section 19, 20, 21, 21A, 22 or 31 of the DRCA immediately before the date of commencement.
Compensation in respect of a person’s death
(4) A person is not entitled to compensation under Part 2, 3 or 4 of Chapter 5 of the MRCA in respect of the death of another person if the first‑mentioned person has made a claim or application for compensation that has not been finally determined, or has received or is receiving compensation, in respect of the death under:
(a) section 17 of the DRCA; or
(b) the 1912 Act, the 1930 Act or the 1971 Act.
(5) A person is not entitled to compensation under Part 2, 3 or 4 of Chapter 5 of the MRCA (other than Division 6 of Part 3 of that Chapter) in respect of the death of another person if:
(a) the death occurred before the date of commencement; and
(b) the first‑mentioned person:
(i) has made an application that has not been finally determined for a pension that is payable under section 13 of the VEA in respect of the death; or
(ii) is receiving a pension that is paid under section 13, 13A or 13B of the VEA in respect of the death; and
(c) before the date of commencement, the first‑mentioned person had not been eligible for compensation under Chapter 5 of the MRCA in respect of the death.
Note: Section 111 of this Act provides for the transfer of certain VEA Veterans’ Children Education Scheme recipients to the scheme established under Division 6 of Part 3 of Chapter 5 of the MRCA.
(5A) Subsections (4) and (5) do not apply to a person in relation to compensation under Part 2, 3 or 4 of Chapter 5 of the MRCA for a particular matter if:
(a) before the date of commencement, the person was eligible for compensation for that matter under the DRCA or the VEA (the relevant Act); and
(b) in a case in which the person has made a claim or application for compensation for that matter under the relevant Act—that claim or application has been finally determined; and
(c) the person has not received, and is not receiving, compensation for that matter under the relevant Act; and
(d) the relevant Act (as in force after the date of commencement) does not authorise a claim or application for compensation for that matter.
Note 1: If the person has made a claim or application for such compensation under the relevant Act that has not been finally determined, the relevant Act may continue to apply in relation to the claim or application (see section 88 or 89).
Note 2: In some circumstances, even if this subsection applies to a person, the person may not be entitled to a lump sum payment under paragraph 234(1)(a) of the MRCA: see subsection (5B) of this section.
(5B) A person is not entitled to the amount of compensation payable under paragraph 234(1)(a) of the MRCA in respect of the death of another person if:
(a) the death occurred before the date of commencement; and
(b) the death was war‑caused, or defence‑caused, within the meaning of the VEA; and
(c) paragraphs (5A)(a), (b) and (c) of this section apply in relation to the person; and
(d) before the date of commencement:
(i) the person was eligible for compensation in respect of the death under section 13 of the VEA; and
(ii) the person was not eligible for compensation in respect of the death under section 17 of the DRCA or section 233 of the MRCA.
Note: If paragraph (5A)(b) or (c) of this section does not apply in relation to the person, the person is not entitled to compensation payable under paragraph 234(1)(a) of the MRCA, or any other provision of Part 2, 3 or 4 of Chapter 5 of the MRCA (see subsection (4) of this section).
(6) Subsection (6A) applies if:
(a) a member dies on or after the date of commencement; and
(b) compensation is being paid to a wholly dependent partner of the member under section 13A of the VEA in respect of the death of the member; and
(c) a claim for compensation (the MRCA claim) in respect of the partner is made under section 319 of the MRCA; and
(d) the Commonwealth becomes liable to pay compensation under section 233 of the MRCA in respect of the partner.
(6A) If this subsection applies:
(a) from the time the Commission or the Board makes a decision to grant the MRCA claim, pension is no longer payable to the partner under section 13A of the VEA in respect of the death; and
(b) despite paragraph 234(5)(b) of the MRCA, the weekly amount under paragraph 234(1)(b) of the MRCA is payable to the partner from the date of the decision to grant the MRCA claim until the partner’s death.
Compensation in respect of funeral expenses
(7) A person is not entitled to compensation under Part 5 of Chapter 5 of the MRCA in respect of the cost of a deceased member’s funeral if:
(a) the person has received compensation in respect of the funeral under:
(i) section 18 of the DRCA, as in force before the date of commencement; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) a funeral benefit has been paid to the estate of the deceased member under section 98B of the VEA, as in force before the date of commencement; or
(c) the person has received a funeral benefit in respect of the funeral under section 99 or 100 of the VEA, as in force before the date of commencement.
Compensation in respect of medical expenses etc.
(8) A person is not entitled to compensation under Part 4 of Chapter 6 of the MRCA in respect of the cost of treatment, or costs incurred in respect of a journey made to obtain treatment or in respect of accommodation required during such a journey, if the person has received compensation in respect of those costs under:
(a) section 16 of the DRCA; or
(b) the 1912 Act, the 1930 Act or the 1971 Act.
Provision of treatment
(9) A person is not entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for an injury or disease for a period if the person is being provided with treatment under subsection 85(1) or (2) of the VEA for that injury or disease for that period.
Note: A person who is being provided with treatment under subsection 85(1) or (2) of the VEA for an injury or disease may become entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for that injury or disease (see section 117 of this Act).
Nil or negative amount of compensation or pension
(10) For the purposes of this section, a person is taken to receive compensation (including a pension) even if the amount of the compensation payable is nil or a negative amount.
Note: The amount of compensation may be nil or a negative amount due to offsets under this Act, the VEA, the MRCA or another law.
13 Bringing across impairment points from a VEA or DRCA injury or disease
(1) This section applies to a claim that is made under section 319 of the MRCA on or after the date of commencement, including a claim in respect of a person who has:
(a) a war‑caused or defence‑caused injury or disease (within the meaning of the VEA) (the old injury or disease); or
(b) an injury or disease (within the meaning of the DRCA) (the old injury or disease).
(2) The Commission must determine the impairment points constituted by the impairment suffered by the person from the old injury or disease using the guide under section 67 of the MRCA.
(3) For the purposes of determining under the MRCA the number of impairment points constituted by an impairment suffered by a person, the Commission must count the impairment points determined for the old injury or disease under subsection (2) towards the person’s total impairment points.
(4) The Commission may include in the guide under section 67 of the MRCA one or more methods of working out the amount of compensation a person is entitled to under Part 2 of Chapter 4 of the MRCA (permanent impairment) for the service injury or disease. A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or the DRCA in respect of the old injury or disease.
Note: The regulations may also include a method of converting lump sum amounts into weekly amounts for the purposes of offsetting (see paragraph 24(3)(b)).
14 Offsetting VEA and DRCA payments against a Special Rate Disability Pension
(1) For the purposes of section 204 of the MRCA, the maximum weekly amount of a Special Rate Disability Pension that could be payable to a person, at a time, must also be reduced by one half of the fortnightly rate at which any pension because of paragraph 13(1)(b) or 70(1)(b) of the VEA is payable to the person at that time.
(2) For the purposes of section 204 of the MRCA, the maximum weekly amount of a Special Rate Disability Pension that could be payable to a person must also be reduced by the sum of any previous payments of a lump sum to the person under section 24, 25 or 27 of the DRCA, converted to a weekly amount in accordance with regulations made for the purposes of paragraph 24(3)(b) of this Act.
14A Offsetting VEA and DRCA payments against Additional Disablement Amount
(1) For the purposes of section 220C of the MRCA, the maximum weekly amount of Additional Disablement Amount that could be payable to a person, at a time, must also be reduced by one half of the fortnightly rate at which any pension because of paragraph 13(1)(b) or 70(1)(b) of the VEA is payable to the person at that time, excluding any amount by which that fortnightly rate has been increased under section 27 of that Act at that time.
(2) For the purposes of section 220C of the MRCA, the maximum weekly amount of Additional Disablement Amount that could be payable to a person must also be reduced by the sum of any previous payments of a lump sum to the person under section 24, 25 or 27 of the DRCA, converted to a weekly amount in accordance with regulations made for the purposes of subsection 122(2) of this Act.
(3) For the purposes of section 220C of the MRCA, if:
(a) at a time, a person is receiving a pension under Part II or IV of the VEA at a fortnightly rate that has been increased under section 27 of that Act; and
(b) the sum of one half of that increased fortnightly rate and the maximum weekly amount of Additional Disablement Amount that could be payable to the person at that time, apart from this section, exceeds one half of the fortnightly rate at which a pension is payable from time to time under section 24 of the VEA;
then, the maximum weekly amount of Additional Disablement Amount that could be payable to the person at that time must also be reduced by the excess amount mentioned in paragraph (b).
Part 4—Other matters
22 Bringing across declared member declarations
For the purposes of the MRCA, a declaration in force under subsection 5(6A) of the SRCA immediately before the date on which section 3 of the MRCA commenced is taken to have been made on that date under section 8 of the MRCA.
23 Decisions reviewable under Chapter 8 of the MRCA
A decision made under or in respect of this Act is taken to be an original determination for the purposes of Chapter 8 of the MRCA.
Note: This means that the review provisions in Chapter 8 of the MRCA apply to a decision made under or in respect of this Act.
24 Regulations may provide for transitional etc. issues
(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the enactment of the MRCA or this Act.
(2) Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this section within 1 year after commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.
(3) Without limiting subsection (1), the regulations may provide:
(a) that persons who are entitled to compensation under the MRCA cease to be entitled to a similar benefit under the VEA or the DRCA; and
(b) a method of converting a lump sum amount into weekly amounts for the purpose of working out an amount of compensation payable for a service injury or disease under Parts 2 and 6 of Chapter 4 of the MRCA.
24A Exercise of certain powers by Military Rehabilitation and Compensation Commission during transition period
(1) For the purposes of the application of section 4 of the Acts Interpretation Act 1901 to a relevant instrument‑making power during the transition period:
(a) the power may be exercised by the Military Rehabilitation and Compensation Commission as if it were a power conferred on that Commission by the MRCA; and
(b) if, under the amended MRCA, the approval of the Minister is required to bring the instrument into effect—the Minister may approve the instrument as if it had been made by the new Repatriation Commission.
(2) An instrument made by the Military Rehabilitation and Compensation Commission in reliance on this section and section 4 of the Acts Interpretation Act 1901 is, after the end of the transition period, taken to have been made (and may be dealt with as if it had been made) by the new Repatriation Commission.
(3) The Military Rehabilitation and Compensation Commission may, by resolution, delegate a power that the Commission has under this section to a person if:
(a) the Commission may, under section 384 of the MRCA, delegate to the person functions or powers under that Act; and
(b) the person holds, or is acting in, a position that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 3.
(4) In this section:
amended MRCA means the MRCA as in force immediately after the end of the transition period.
Military Rehabilitation and Compensation Commission means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA, as in force during the transition period.
new Repatriation Commission means the Repatriation Commission continued in existence by section 360B of the amended MRCA after the end of the transition period.
relevant instrument‑making power means:
(a) a power to make an instrument that will be conferred on the new Repatriation Commission under the following provisions of the amended MRCA:
(i) subsection 6B(5) (British nuclear test defence service);
(ii) subsection 27A(3) (presumption that certain injuries and diseases are attributable to defence service);
(iii) subsection 67(1) (guide to determining impairment and compensation);
(iv) subsection 80A(3) (whom additional amount is payable to);
(v) subsection 212(1) (Motor Vehicle Compensation Scheme);
(vi) subsection 258(1) (education scheme for certain eligible young persons and other children);
(vii) subsection 268B(1) (acute support package);
(viii) subsection 284A(1) (specified treatment for specified members and others);
(ix) subsection 286(1) (determination for providing treatment or pharmaceutical benefits);
(x) subsection 287A(2) (Coordinated Veterans’ Care mental health pilot);
(xi) subsection 287B(2) (provision of services under the Veteran Suicide Prevention pilot);
(xii) subsection 287C(2) (provision of counselling services and psychiatric assessment);
(xiii) subsection 291A(1) (scheme may provide for advance payments);
(xiv) section 424 (special assistance);
(xv) subsection 424L(1) (multiple entitlement exclusions);
(xvi) subsection 424M(1) (financial and legal advice); or
(b) a power to vary or revoke an instrument mentioned in paragraph (a) that will be conferred on the new Repatriation Commission by the amended MRCA, or as a result of the operation of subsection 33(3) of the Acts Interpretation Act 1901.
transition period means the period starting on the day this section commences and ending on the day before the commencement of Schedule 4 to the Simplification Act.
Part 5—Transitional provisions relating to reviews by the Veterans’ Review Board
Division 1—Preliminary
25 Definitions
In this Part:
new law means the MRCA, the DRCA and the VEA as amended by Part 1 of Schedule 3 to the Simplification Act.
old DRCA means the DRCA, as in force immediately before the review pathway commencement day.
old law means the MRCA, the DRCA and the VEA as in force immediately before the review pathway commencement day.
old VEA means the VEA, as in force immediately before the review pathway commencement day.
review pathway commencement day means the day on which Part 1 of Schedule 3 to the Simplification Act commences.
Division 2—Application of new review pathway
26 Original determinations under the MRCA
(1) Subject to this Part, the amendments of the MRCA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to an original determination that is made on or after the review pathway commencement day, whether the claim to which the determination relates was made before, on or after that day.
(2) Subject to this Part, the MRCA, as in force immediately before the review pathway commencement day, continues to apply on and after that day in relation to an original determination that was made before that day.
Note: See section 37 of this Act for reviews by the Board that are pending immediately before the review pathway commencement day.
27 Determinations under the DRCA
(1) Subject to this Part, the amendments of the DRCA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to a determination that is made under the DRCA on or after the review pathway commencement day, whether the claim to which the determination relates was made before, on or after that day.
(2) Subject to this Part, the old DRCA continues to apply on and after the review pathway commencement day in relation to a determination that was made under the DRCA before that day.
Note: See Division 5 of this Part for other transitional provisions relating to the review of determinations made under the DRCA.
28 Decisions under the VEA
(1) Subject to this Part, the amendments of the VEA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to a decision that is made under the VEA on or after the review pathway commencement day, whether the claim or application to which the decision relates was made before, on or after that day.
(2) Subject to this Part, the old VEA continues to apply on and after the review pathway commencement day in relation to a decision that was made under the VEA before that day.
Note: See section 37 of this Act for reviews by the Board that are pending immediately before the review pathway commencement day.
Division 3—Continuation of Board
29 Members of the Board
(1) This section applies to a person who was, immediately before the review pathway commencement day, holding office as a member of the Board under section 158 of the old VEA.
(2) The person is taken, on and after the review pathway commencement day, to have been appointed under section 359C of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that day; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that day.
Note: The person’s remuneration will not be better than their remuneration as a member of the Board under section 158 of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
30 Acting members of the Board
(1) This section applies to a person who was appointed to act as a member of the Board under section 161 of the old VEA if the appointment was in force immediately before the review pathway commencement day.
(2) The person is taken, on and after the review pathway commencement day, to have been appointed under section 359CA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that day; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that day.
31 Leave of absence
(1) This section applies to a leave of absence if:
(a) the leave of absence was granted under section 162 of the old VEA before the review pathway commencement day; and
(b) the period of leave is, or includes, that day.
(2) On and after the review pathway commencement day, the leave of absence is taken to have been granted under section 359CC of the MRCA.
32 Staff
(1) This section applies to a person who, immediately before the review pathway commencement day, was engaged and made available to assist the Board under section 172 of the old VEA.
(2) The person is taken, on and after the review pathway commencement day, to be engaged and made available to assist the Board under section 359D of the MRCA.
(3) The repeal of section 172 of the old VEA does not affect the continuity of employment of the person.
33 Delegations by Principal Member
A delegation under section 166 of the old VEA that is in force immediately before the review pathway commencement day continues in force (and may be dealt with) on and after that day as if the delegation had been made under section 359DA of the MRCA.
34 Delegations by Minister to Principal Member
A delegation under paragraph 212(1)(b) of the old VEA that is in force immediately before the review pathway commencement day continues in force (and may be dealt with) on and after that day as if the delegation had been made under subsection 437A(2) of the MRCA.
35 Board annual reports
For the financial year ending before review pathway commencement day
(1) Subsection (2) applies if:
(a) the review pathway commencement day occurs after the end of a financial year; and
(b) the report referred to in subsection 215(4) of the old VEA had not been prepared for the financial year before the review pathway commencement day.
(2) Despite the repeal of subsections 215(4) to (6) of the old VEA by Part 1 of Schedule 3 to the Simplification Act, those subsections continue to apply in relation to the report for the financial year as if that repeal had not happened.
For the financial year in which review pathway commencement day occurs
(3) Subsection (4) applies:
(a) if the review pathway commencement day occurs during a financial year; and
(b) in relation to the operations of the Board during the part of the financial year before the review pathway commencement day.
(4) The first annual report prepared by the Principal Member under section 359DB of the MRCA must cover those operations.
Division 4—Other matters
36 Effect of things done by, or in relation to, the Board
A thing done by, or in relation to, the Board under a law of the Commonwealth before the review pathway commencement day is not affected by the amendments made by Part 1 of Schedule 3 to the Simplification Act.
37 Reviews in progress
(1) This section applies if a review by the Board is pending immediately before the review pathway commencement day.
(2) The Board must, as far as possible, continue the review under the new law.
(3) Anything done in, or in relation to, the review before the review pathway commencement day continues to have effect for the purposes of, or in relation to, the review (as the case requires) on and after that day.
(4) Anything done in, or in relation to, the review before the review pathway commencement day that was valid under, or done in accordance with, the old law is taken to be valid under, or to have been done in accordance with, the new law for the purposes of the review on and after the review pathway commencement day.
38 Continued effect of certain instruments
(1) If:
(a) before the review pathway commencement day, an instrument was made under, or for the purposes of, a provision of the old VEA mentioned in column 1 of an item of the following table; and
(b) immediately before the review pathway commencement day, the instrument is in force;
the instrument continues to have effect, on and after the review pathway commencement day, as if it had been made under the provision of the MRCA mentioned in column 2 of the item.
Continued effect of certain instruments | ||
Item | Column 1 Provision of the old VEA | Column 2 Provision of the MRCA |
1 | subsection 132(5) | subsection 353Q(1) |
2 | subsection 132(6) | subsection 353Q(2) |
3 | subsection 132(9) | subsection 353Q(3) |
4 | paragraph 155(7)(b) | subsection 353C(8) |
5 | paragraph 170A(3)(a) | paragraph 353N(3)(a) |
6 | paragraph 170A(3)(b) | paragraph 353N(3)(b) |
7 | subsection 170B(2) | subsection 353P(2) |
8 | subsection 171(1) | subsection 353T(1) |
(2) If:
(a) before the review pathway commencement day, an instrument was made under subsection 132(9) of the old VEA; and
(b) immediately before the review pathway commencement day, the instrument is in force;
the instrument continues to have effect, on and after the review pathway commencement day, as if it had been made under subsection 132(9) of the VEA as substituted by Part 1 of Schedule 3 to the Simplification Act.
39 Transitional regulations
(1) The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the enactment of Schedule 3 to the Simplification Act.
(2) This Part does not limit the regulations that may be made for the purposes of subsection (1).
Division 5—Transitional provisions relating to review of certain DRCA determinations
39A Definitions
In this Division:
amending Act means the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025.
amending Act commencement day means the day on which Part 4 of Schedule 1 to the amending Act commences.
39B Determinations under sections 36 and 37 of the DRCA
(1) The amendments of the DRCA made by Part 4 of Schedule 1 to the amending Act apply in relation to a determination made under section 36 or 37 of the DRCA if:
(a) the determination is made on or after the amending Act commencement day; or
(b) both of the following apply:
(i) the determination is made on or after the review pathway commencement day and before the amending Act commencement day;
(ii) immediately before the amending Act commencement day, a request to review the determination has not been made under section 38 of the DRCA.
(2) The DRCA, as in force immediately before the amending Act commencement day, continues to apply on and after that day in relation to a determination made under section 36 or 37 of the DRCA if:
(a) the determination was made before the review pathway commencement day; or
(b) both of the following apply:
(i) the determination is made on or after the review pathway commencement day and before the amending Act commencement day;
(ii) a request to review the determination is made under section 38 of the DRCA on or after the review pathway commencement day and before the amending Act commencement day.
39C Validation of certain decisions made by the Board
If:
(a) a determination (the original determination) was made under the DRCA before the review pathway commencement day; and
(b) on or after the review pathway commencement day, a decision (the reconsideration decision) was made under subsection 62(5) of the old DRCA affirming, revoking or varying the original determination; and
(c) before the amending Act commencement day, the Board purported to review the reconsideration decision, and make a determination (the purported determination) on the review, as if it were reviewing a determination, reconsideration determination or reviewable decision under section 62 of the DRCA (as in force after the review pathway commencement day);
then:
(d) the purported determination of the Board is taken for all purposes to be, and to have always been, as valid and effective as it would have been if, at the time it was made, section 62 of the DRCA provided that the Board had the power to review the reconsideration decision; and
(e) on and after the amending Act commencement day, the DRCA applies to the purported determination of the Board as if it were a determination made by the Board on review under section 62 of the DRCA as in force immediately before the amending Act commencement day.
Note: Paragraph (e) means that the purported determination of the Board may be reviewed by the Administrative Review Tribunal under Part 5 of Chapter 8 of the MRCA.
Part 6—Other application and transitional provisions relating to the Simplification Act
Division 1—Preliminary
40 Definitions
In this Part:
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; or
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
MRCC means the Military Rehabilitation and Compensation Commission that was established by section 361 of the old MRCA.
old DRCA means the DRCA as in force immediately before the date of commencement.
old MRCA means the MRCA as in force immediately before the date of commencement.
old VEA means the VEA as in force immediately before the date of commencement.
Division 2—Transitional provisions relating to the Repatriation Commission
Subdivision A—Continuation of Commission
41 Commissioners
(1) This section applies to a person who was, immediately before the date of commencement, holding office as a commissioner because of an appointment under section 182 of the old VEA, other than a person who was holding office as the Deputy President of the Commission.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as a commissioner under section 182 of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
42 Acting Commissioners
(1) This section applies to a person who was appointed to act as a commissioner under section 191 of the old VEA if the appointment was in force immediately before the date of commencement.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CC of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
43 Cessation of appointment of Deputy President
(1) This section applies to a person who, immediately before the date of commencement, was holding office as a commissioner (because of an appointment under section 182 of the old VEA) and as the Deputy President of the Commission.
(2) The person ceases to hold those offices at the start of the date of commencement.
(3) Nothing in this section prevents the person being appointed to an office under the MRCA.
44 Staff
(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Commission under section 196 of the old VEA.
(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 360D of the MRCA.
(3) The repeal of section 196 of the old VEA does not affect the continuity of employment of the person.
45 Contractors
A person who, immediately before the date of commencement, was engaged by the Commission to perform services under paragraph 181(3)(d) of the old VEA is taken, on and after that date, to be engaged by the Commission under section 360DA of the MRCA on the same terms and conditions.
46 Delegations by the Commission
A delegation under section 213 of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 360DB(1) of the MRCA.
47 Commission annual reports
(1) This section applies to a report referred to in subsection 215(1) of the old VEA.
(2) Despite the repeal of section 215 of the old VEA by Schedule 4 to the Simplification Act, that section continues to apply in relation to the report for a financial year ending on or before 30 June 2026, as if that repeal had not happened.
Subdivision B—Other matters
48 Assets and liabilities of the Commission
Assets and liabilities of the Commission immediately before the date of commencement continue, on and after that date, to be assets and liabilities of Commission (without any conveyance, transfer or assignment).
49 Contributions made to Commission
(1) This section applies in relation to a contribution that:
(a) was accepted by the Commission under section 200 of the old VEA before the date of commencement; and
(b) had not been dealt with by the Commission under that section before that date.
(2) On and after the date of commencement, the contribution is taken to have been accepted, and must be dealt with, by the Commission under section 427A of the MRCA.
50 Continued effect of certain trust arrangements etc under the DRCA
(1) This section applies if, immediately before the date of commencement, money is held by the MRCC for the benefit of a person under section 110 of the old DRCA.
(2) On and after the date of commencement, the Commission is taken to have assumed the office of trustee of the money under subsection 432(2) of the MRCA.
(3) If:
(a) before the date of commencement, the money was invested in accordance with subsection 110(2) of the old DRCA; and
(b) immediately before that date, an arrangement for that investment is in force;
the arrangement has effect, on and after that date, as if it were an arrangement under paragraph 434(5)(a) of the MRCA.
(4) If:
(a) before the date of commencement, a direction mentioned in subsection 110(1) or (4) of the old DRCA was given in relation to the money, or the money as invested; and
(b) immediately before that date, the direction had not been revoked by the person who gave it;
then, despite sections 433 and 434 of the MRCA, the money, or the money as invested, must be dealt with, on or after that date, in accordance with the direction, unless the direction is revoked by person who gave it.
51 Continued effect of certain trust arrangements etc. under the VEA
(1) If an appointment to which section 201 of the old VEA applies:
(a) was accepted by the Commission before the date of commencement; and
(b) is in force immediately before that date;
the appointment continues to have effect, on and after that date, as if it were an appointment to which section 427B of the MRCA applies.
(2) An arrangement under paragraph 201(3C)(a) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an arrangement under paragraph 427B(6)(a) of the MRCA.
(3) An instrument made under subsection 202(1) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an instrument made under subsection 432(2) of the MRCA.
(4) An arrangement under paragraph 202A(5)(a) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an arrangement under paragraph 434(5)(a) of the MRCA.
52 Determinations by the Commission
(1) A determination under subsection 180A(2) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the determination had been made under subsection 120C(2) of the VEA.
(2) A determination under subsection 180A(3) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the determination had been made under subsection 120C(3) of the VEA.
53 Effect of things done by, or in relation to, the Commission
A thing done by, or in relation to, the Commission under a law of the Commonwealth before the date of commencement is not affected by the amendments made by Schedule 4 to the Simplification Act.
Division 3—Transitional provisions relating to the MRCC
Subdivision A—Things done by or in relation to the MRCC
54 Members of the MRCC
(1) This section applies to a person who was, immediately before the date of commencement:
(a) holding office as a member of the MRCC because of an appointment under subsection 365(1) of the old MRCA; and
(b) a member of the MRCC described in subparagraph 364(1)(b)(ii) or (iii) of the old MRCA.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as a member of the MRCC under section 365 of the old MRCA unless a higher level of remuneration is determined by the Remuneration Tribunal.
55 Acting members of the MRCC
(1) This section applies to a person who was appointed to act as a Commission member under section 367 of the old MRCA if the appointment was in force immediately before the date of commencement.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CC of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
56 Cessation of appointment of certain members of the MRCC
(1) This section applies to a person who was, immediately before the date of commencement:
(a) holding office as a member of the MRCC (because of an appointment under 365(1) of the old MRCA); and
(b) a member of the MRCC described in subparagraph 364(1)(b)(i) of the old MRCA.
(2) The person ceases to hold that office at the start of the date of commencement.
57 Staff
(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the MRCC under section 382 of the old MRCA.
(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 360D of the MRCA.
(3) The repeal of section 382 of the old MRCA does not affect the continuity of employment of the person.
58 Consultants
A person who, immediately before the date of commencement, was engaged by the MRCC as a consultant under section 383 of the old MRCA is taken, on and after that date, to be engaged by the Commission under section 360DA of the MRCA on the same terms and conditions.
59 Delegations by the MRCC
A delegation under section 384 of the old MRCA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 360DB(1) of the MRCA.
60 MRCC annual reports
(1) This section applies to the report referred to in section 385 of the old MRCA for the financial year ending on 30 June 2026.
(2) Despite the repeal of section 385 of the old MRCA by Schedule 4 to the Simplification Act, that section applies, on and after the date of commencement, in relation to the report as if it provided for the President (within the meaning of the MRCA) to give the Minister the report.
Subdivision B—Other matters
61 Assets and liabilities of the MRCC
(1) Assets and liabilities of the MRCC immediately before the date of commencement are, at the start of that date, transferred to the Commission.
(2) The Commission must make the arrangements necessary to give effect to the transfer.
62 Transfer of records
(1) This section applies to any records or documents that were in the possession of the MRCC immediately before the date of commencement.
(2) The records and documents are to be transferred to the Commission after that date.
63 Legal proceedings involving the MRCC
If, immediately before the date of commencement, the MRCC was a party to proceedings pending in any court or tribunal, the Commission is substituted for the MRCC as a party to the proceedings after that date.
64 Things done by, or in relation to, the MRCC
(1) If, before the date of commencement, a thing was done by, or in relation to, the MRCC, then the thing has effect, on and after that date, as if it had been done by, or in relation to, the Commission.
(2) The regulations may provide that subsection (1) does not apply in relation to a specified thing done by, or in relation to, the Commission.
65 References to the MRCC in instruments
(1) This section applies to an instrument if:
(a) the instrument is in force immediately before the date of commencement; and
(b) the instrument contains a reference to the MRCC.
(2) The instrument has effect, on and after the date of commencement, as if a reference in the instrument to the MRCC were a reference to the Commission.
(3) The regulations may provide that subsection (2) does not apply in relation to a specified instrument or a specified reference.
(4) This section does not prevent the instrument from being amended or repealed on or after the date of commencement.
(5) In this section:
instrument includes:
(a) a contract, deed, undertaking, arrangement or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or regulation.
66 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.
Division 4—Transitional provisions relating to the Repatriation Medical Authority
Subdivision A—Continuance of the Authority
67 Members of the Authority
(1) This section applies to a person who, immediately before the date of commencement, was holding office as a member of the Authority under section 196L of the old VEA.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 370DA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as a member of the Authority under section 196L of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
68 Chair of the Authority
(1) This section applies to a person who, immediately before the date of commencement, was holding office as the Chairperson of the Authority under section 196L of the old VEA.
(2) The person is taken, on and after the date of commencement, to have been appointed as the Chair of the Authority under section 370DA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as the Chairperson of the Authority under section 196L of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
69 Staff
(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Authority under section 196T of the old VEA.
(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Authority under section 370E of the MRCA.
(3) The repeal of section 196T of the old VEA does not affect the continuity of employment of the person.
70 Consultants
A person who, immediately before the date of commencement, was engaged by the Authority as a consultant under section 196U of the old VEA is taken, on and after that date, to be engaged by the Authority under section 370EA of the MRCA on the same terms and conditions.
71 Delegations by the Chair
A delegation under subsection 196R(1) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 370EB(1) of the MRCA.
72 Authority annual reports
(1) This section applies to an annual report referred to in section 196UA of the old VEA.
(2) Despite the repeal of section 196UA of the old VEA by Schedule 5 to the Simplification Act, that section continues to apply in relation to the annual report for a financial year ending on or before 30 June 2026, as if that repeal had not happened.
Subdivision B—Other matters
73 Assets and liabilities of the Authority
Assets and liabilities of the Authority immediately before the date of commencement continue, on and after that date, to be assets and liabilities of the Authority (without any conveyance, transfer or assignment).
74 Statements of Principles
(1) A Statement of Principles determined under subsection 196B(2) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under section 370CB of the MRCA.
(2) A Statement of Principles determined under subsection 196B(3) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under section 370CC of the MRCA.
(3) A Statement of Principles determined under subsection 196B(11) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under subsection 370CN(1) of the MRCA.
(4) A Statement of Principles determined under subsection 196B(12) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under subsection 370CN(3) of the MRCA.
75 Requests for investigation by the Authority
(1) This section applies if:
(a) before the date of commencement, the Authority received a request under section 196E of the old VEA to:
(i) carry out an investigation in respect of a particular kind of injury, disease or death; or
(ii) review a decision of the Authority not to make a Statement of Principles; and
(b) immediately before that date, the Authority had not completed the investigation or reviewed the decision.
(2) The request has effect on and after the date of commencement as if it were a request made under section 370CH of the MRCA.
76 Directions by the Review Council
(1) This section applies if:
(a) before the date of commencement, the Authority was directed by the Review Council under subsection 196W(7) of the old VEA to carry out an investigation in respect of a particular kind of injury, disease or death; and
(b) immediately before that date, the Authority had not completed the investigation.
(2) The direction has effect, on and after the date of commencement, as if it had been given by the Review Council under subsection 380CA(2) of the MRCA.
77 Sending information to the Review Council
Despite the repeal of section 196K of the old VEA, that section continues to apply, on and after the date of commencement, in relation to notifications made to the Authority before that date, as if that repeal had not happened.
Division 5—Transitional provisions relating to the Specialist Medical Review Council
Subdivision A—Continuance of the Review Council
78 Members of the Review Council
(1) This section applies to a person who, immediately before the date of commencement, was holding office as a member of the Review Council under section 196ZE of the old VEA.
(2) The person is taken, on and after the date of commencement, to have been appointed under section 380DA of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as a member of the Review Council under section 196ZE of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
79 Convener of the Review Council
(1) This section applies to a person who, immediately before the date of commencement, was holding office as the Convener of the Review Council under section 196ZE of the old VEA.
(2) The person is taken, on and after the date of commencement, to have been appointed as the Convener of the Review Council under subsection 380DA(2) of the MRCA:
(a) for the balance of the person’s term of appointment that remained immediately before that date; and
(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.
Note: The person’s remuneration will not be better than their remuneration as the Convener of the Review Council under section 196ZE of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.
80 Staff
(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Review Council under section 196ZM of the old VEA.
(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 380E of the MRCA.
(3) The repeal of section 196ZM of the old VEA does not affect the continuity of employment of the person.
81 Delegations by the Convener
A delegation under subsection 196ZK(4) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 380EA(1) of the MRCA.
Subdivision B—Other matters
82 Assets and liabilities of the Review Council
Assets and liabilities of the Review Council immediately before the date of commencement continue, on and after that date, to be assets and liabilities of the Review Council (without any conveyance, transfer or assignment).
83 Requests for review of Statement of Principles by the Review Council
(1) This section applies if:
(a) before the date of commencement, the Review Council received a request under section 196Y of the old VEA to review:
(i) some or all of the contents of a Statement of Principles; or
(ii) a decision of the Repatriation Medical Authority not to make, or not to amend, a Statement of Principles; and
(b) immediately before that date, the Review Council had not reviewed the Statement of Principles or the decision.
(2) The request has effect, on and after the date of commencement, as if it were a request made under section 380CB of the MRCA.
84 Requests for review of decision by the Authority
(1) This section applies if:
(a) before the date of commencement, the Review Council received a request under section 196Z of the old VEA to review a decision by the Authority not to carry out an investigation in respect of a kind of injury, disease or death; and
(b) immediately before that date, the Review Council had not reviewed the decision.
(2) The request has effect, on and after the date of commencement, as if it were a request made under section 380CC of the MRCA.
85 Payment of medical and travel expenses
Division 4 of Part 3 of Chapter 9B of the MRCA applies in relation to expenses incurred by a person in connection with, or for the purposes of, a review by the Review Council, whether the review is conducted before, on or after the date of commencement.
86 Continued effect of regulations relating to medical and travel expenses
If:
(a) before the date of commencement, regulations were made for the purposes of a provision of the old VEA mentioned in column 1 of an item of the following table; and
(b) immediately before that date, the regulations are in force;
the regulations continue to have effect, on and after that date, as if they had been made for the purposes of the provision of the MRCA mentioned in column 2 of the item.
Continued effect of regulations relating to medical and travel expenses | ||
Item | Column 1 Provision of the old VEA | Column 2 Provision of the MRCA |
1 | subsection 196ZN(2) | subsection 380CF(2) |
2 | subsection 196ZO(1) | subsection 380CG(1) |
3 | subsection 196ZO(2) | subsection 380CG(2) |
4 | subsection 196ZQ(1) | subsection 380CI(1) |
5 | subsection 196ZQ(2) | subsection 380CI(2) |
87 Directions about lodgement of requests and applications
(1) If a direction under section 196ZR of the old VEA as to the manner of lodging a request for the purposes of paragraph 196Y(3)(c) of the old VEA is in force immediately before the date of commencement, that manner of lodging a request is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CB(3)(b) of the MRCA.
(2) If a direction under section 196ZR of the old VEA as to the manner of lodging a request for the purposes of paragraph 196Z(2)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging a request is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CC(2)(c) of the MRCA.
(3) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZN(4)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CF(4)(c) of the MRCA.
(4) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZO(5)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CG(5)(c) of the MRCA.
(5) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZQ(5)(c) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CI(5)(c) of the MRCA.
Division 6—Other application and transitional provisions
Subdivision A—Amendments made by Schedule 1
88 Effect of closing eligibility to DRCA on pending claims
(1) This section applies if:
(a) before the date of commencement, a claim was made under Part V of the old DRCA; and
(b) immediately before that date, the claim had not been finally determined.
(2) To avoid doubt, section 14AA of the DRCA, as inserted by Part 1 of Schedule 1 to the Simplification Act, does not affect the continued operation of other provisions of the DRCA, as in force on and after the date of commencement, in relation to the determination of that claim (including any reconsideration or review of a decision made in relation to that claim).
(3) This section is subject to sections 93 and 107 of this Act.
Note 1: Under section 93 of this Act, certain pending claims made under the old DRCA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA.
Note 2: Under section 107 of this Act, certain provisions of the old DRCA continue to apply, on and after the date of commencement, in relation to pending claims for compensation under section 18 of the old DRCA.
89 Effect of closing eligibility to VEA on pending claims and applications
(1) This section applies if:
(a) before the date of commencement, a claim or an application was made under the VEA; and
(b) immediately before that date, the claim or application had not been finally determined; and
(c) the claim or application is of a kind that could not be made on or after that date because of the operation of section 12AA of the VEA, as inserted by Part 1 of Schedule 1 to the Simplification Act.
(2) To avoid doubt, section 12AA of the VEA does not affect the continued operation of other provisions of that Act, as in force on and after the date of commencement, in relation to the determination of the claim or application (including any reconsideration or review of a decision made in relation to that claim or application).
(3) This section is subject to sections 106, 110 and 112 of this Act.
Note 1: Under sections 110 and 112 of this Act, certain pending claims and applications made under the old VEA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA or applications made under certain other provisions of the MRCA.
Note 2: Under section 106 of this Act, certain provisions of the old VEA continue to apply, on and after the date of commencement, in relation to pending applications for funeral benefits under sections 99 and 100 of the old VEA.
90 Bringing across certain instruments relating to pre‑2004 operations
If:
(a) before the date of commencement, an instrument was made under, or for the purposes of, a provision of the VEA mentioned in column 1 of an item of the following table; and
(b) immediately before that date, the instrument is in force;
the instrument has effect (and may be dealt with) on and after that date as if it were also made under the provision of the MRCA mentioned in column 2 of the item.
Note: The instruments continue in force for the purposes of the VEA.
Bringing across certain instruments relating to pre‑2004 operations | ||
Item | Column 1 Provision of the VEA | Column 2 Provision of the MRCA |
1 | paragraph 5B(2)(a) | paragraph 442(2)(a) |
2 | paragraph 5B(2)(b) | paragraph 442(2)(b) |
3 | paragraph 5B(2)(c) | paragraph 442(2)(c) |
4 | paragraph 5R(1)(c) | subsection 442(5) |
5 | subsection 6D(1) | subsection 447(1) |
6 | subsection 69B(6) | subsection 6B(5) |
7 | subsection 120(7) | section 6C |
91 Application provision—permanent impairment
The amendments of the MRCA made by Division 1 of Part 3 of Schedule 1 to the Simplification Act apply in relation to a claim for compensation that is made on or after the date of commencement.
92 Transfer of old DRCA incapacity compensation recipients to MRCA
(1) This section applies in relation to a person if, immediately before the date of commencement, compensation under section 19, 20, 21, 21A, 22 or 31 of the old DRCA is being paid to the person in respect of an injury or disease.
Continued application of old DRCA to weeks before transfer week
(2) Despite the amendments of the old DRCA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act, the old DRCA continues to apply, on and after the date of commencement, in relation to an amount of compensation payable to the person under section 19, 20, 21, 21A, 22 or 31 of the old DRCA for a week that ends before the transfer week starts, as if those amendments had not been made.
Application of MRCA to transfer week and later weeks
(3) For the transfer week and each later week:
(a) if the person is a Permanent Forces member or a continuous full‑time Reservist for the week—section 85 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 85(1)(d) of that Act were omitted; and
(b) if the person is a part‑time Reservist for the week—section 86 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 86(1)(e) of that Act were omitted; and
(c) if the person is a cadet or a declared member for the week—section 87 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 87(1)(e) of that Act were omitted; and
(d) if the person is a former member—subject to subsection (4) of this section, the following apply:
(i) section 118 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 118(1)(d) of that Act were omitted;
(ii) sections 141, 144, 149, 154, 161, 164, 168 and 173 of the MRCA have effect in relation to the person and the injury or disease as if a reference to a compensable pay‑related allowance included an allowance covered by the definition of A in subsection 8(1) of the old DRCA.
Note 1: Subsection (3) of this section means that the Commonwealth will be liable to pay compensation to the person under section 85, 86, 87 or 118 of the MRCA (as applicable) in respect of the injury or disease without the person needing to make a claim for compensation under section 319 of the MRCA.
Note 2: The Commission is taken to have accepted liability for the person’s injury or disease, and the person’s injury or disease is taken to be a service injury or a service disease, because of the operation of section 24A of the MRCA.
Continued application of old DRCA in relation to compensation where person maintained in a hospital
(4) If, immediately before the date of commencement, the person was receiving compensation under section 22 of the old DRCA:
(a) despite the repeal of that section by Division 2 of Part 3 of Schedule 1 to the Simplification Act, that section continues to apply, on and after that date, in relation to the person as if that repeal had not happened; and
(b) section 127 of the MRCA does not apply in relation to the person on or after that date unless the Commonwealth ceases to be liable to pay compensation under section 22 of the old DRCA to the person.
Meaning of transfer week
(5) In this section:
transfer week means the first week that starts on or after the date of commencement.
93 Pending claims for DRCA incapacity compensation
(1) This section applies if:
(a) before the date of commencement, a claim was made under the old DRCA for compensation under section 19, 20, 21, 21A, 22 or 31 of that Act; and
(b) immediately before that date, the claim had not been finally determined.
(2) The claim is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.
94 References in certain instruments to employees receiving compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA
(1) This section applies to an instrument if:
(a) the instrument is in force under section 41B of the DRCA immediately before the date of commencement; and
(b) the instrument contains a reference to an employee who is receiving, or is eligible to receive, compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA.
(2) The instrument has effect, on and after the date of commencement, as if the reference to an employee who is receiving, or is eligible to receive, compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA were a reference to a person who is receiving compensation under the MRCA because of the operation of section 92 of this Act.
(3) This section does not prevent the instrument from being amended or repealed on or after the date of commencement.
95 Continued effect of acute support packages under the old DRCA
(1) This section applies if:
(a) before the date of commencement, a person was granted an acute support package under an instrument made for the purposes of section 41B of the old DRCA; and
(b) immediately before that date:
(i) the period during which assistance or benefits in the acute support package may be provided had not ended; and
(ii) the acute support package had not been revoked.
(2) The amendments of the old DRCA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act do not affect the continuity of the acute support package.
96 Application provision—section 30D of the VEA
The amendment of section 30D of the VEA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act applies in relation to each day in a periodic payments period that occurs on or after the date of commencement, whether the period starts before, on or after that date.
97 Application provision—liability restrictions on tobacco use
The amendment of the MRCA made by Division 3 of Part 3 of Schedule 1 to the Simplification Act applies in relation to a claim that is made on or after the date of commencement.
98 Application provision—medical event on duty
(1) Paragraph 27(da) of the MRCA, as inserted by Division 4 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to a claim for acceptance of liability for an injury that is made on or after the date of commencement, regardless of when the injury was sustained.
(2) Paragraph 28(ea) of the MRCA, as inserted by Division 4 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to a claim for acceptance of liability for a death that is made on or after the date of commencement, regardless of when the death occurred.
(3) The amendments of sections 338 and 339 of the MRCA made by Division 4 of Part 3 of Schedule 1 to the Simplification Act apply in relation to a claim for acceptance of liability that is made on or after the date of commencement.
99 Application provision—posthumous permanent impairment payments
The amendments made by Division 5 of Part 3 of Schedule 1 to the Simplification Act apply in relation to compensation payable in respect of a person who dies on or after the date of commencement, whether the claim for compensation was made before, on or after that date.
100 Application provision—overpayments and debts
(1) The amendments of section 415 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act apply, on and after the date of commencement, in relation to amounts paid, and amounts liable to be paid, before, on or after that date.
(2) The amendment of section 416 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act applies in relation to a person who retires on or after the date of commencement.
(3) The amendments of sections 428 and 429 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act apply, on and after the date of commencement, in relation to debts that become due to the Commonwealth before, on or after that date.
(4) Despite the repeal of sections 114A and 114B of the old DRCA by Division 6 of Part 3 of Schedule 1 to the Simplification Act, those sections continue to apply, on and after the date of commencement, in relation to a person who retires before that date, as if that repeal had not happened.
101 Application provision—common law damages
The amendment of the MRCA made by Division 8 of Part 3 of Schedule 1 to the Simplification Act applies in relation to an action or proceeding instituted on or after the date of commencement.
102 Application provision—information sharing
Sections 406 and 409 of the MRCA, as amended by Division 9 of Part 3 of Schedule 1 to the Simplification Act, and sections 407A, 407B and 409A of the MRCA, as inserted by that Division, apply in relation to the use and disclosure of information and documents on or after the date of commencement, whether the information or documents were obtained before, on or after that date.
103 Offsetting
(1) Section 388 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to an action brought on or after the date of commencement.
(2) Sections 390 and 391 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, apply in relation to a claim for damages made on or after the date of commencement.
(3) Sections 399, 401 and 402 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, apply in relation to damages recovered on or after the date of commencement.
(4) Section 403 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to:
(a) an agreement to pay damages that is made on or after the date of commencement; and
(b) damages awarded on or after the date of commencement.
(5) If:
(a) on or after the date of commencement, a provision of Chapter 10 of the MRCA applies in relation to a particular case; and
(b) apart from this subsection, a relevant DRCA or VEA provision would also apply in relation to that particular case;
the relevant DRCA or VEA provision has no effect in relation to the particular case.
(6) In this section:
relevant DRCA or VEA provision means a provision of:
(a) Part IV of the DRCA; or
(b) Division 5A of Part II of the VEA; or
(c) Division 4 of Part IV of the VEA.
104 Bringing across rehabilitation programs under the DRCA and VEA
(1) This section applies if, immediately before the date of commencement, a person is undertaking a rehabilitation program (the old program) under the old DRCA or the old VEA.
(2) On and after the date of commencement:
(a) the old program is taken to be an approved rehabilitation program for the purposes of the MRCA; and
(b) the person’s rehabilitation authority for the purposes of the old DRCA or the old VEA is taken to be the person’s rehabilitation authority for the purposes of the MRCA; and
(c) the person is taken to be a person to whom Part 2 of Chapter 3 of the MRCA applies.
Subdivision B—Amendments made by Schedule 2
105 Application provision—funeral compensation
(1) Subject to subsection (2), the amendments of the MRCA made by Division 1 of Part 1 of Schedule 2 to the Simplification Act, apply in relation to a claim for compensation that is made on or after the date of commencement, whether the claim relates to the funeral of a person who dies before, on or after that date.
(2) Section 268AA of the MRCA, as added by Division 1 of Part 1 of Schedule 2 to the Simplification Act, applies in relation to the funeral of a person who dies on or after the date of commencement.
106 Pending applications for VEA funeral benefits
(1) This section applies if:
(a) before the date of commencement, an application was made under the old VEA for funeral benefits under section 99 or 100 of that Act; and
(b) immediately before that date, the application had not been finally determined.
(2) Despite the repeal of sections 99, 100 and 113, and the amendment of sections 111 and 115, of the old VEA by Division 1 of Part 1 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to the application.
107 Pending claims for DRCA funeral expenses
(1) This section applies if:
(a) before the date of commencement, a claim was made under the old DRCA for compensation under section 18 of that Act; and
(b) immediately before that date, the claim had not been finally determined.
(2) Despite the repeal of section 18, and the amendment of sections 13, 17, 60 and 124, of the old DRCA by Division 1 of Part 1 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to the claim.
108 Decoration allowance
Despite the repeal of section 102 of the old VEA by Division 4 of Part 1 of Schedule 2 to the Simplification Act, that section continues to apply, on and after the date of commencement, in relation to a pension period (within the meaning of the old VEA) that starts before that date and ends on or after that date, as if that repeal had not happened.
109 Transfer of old VEA prisoner of war recognition supplement recipients to MRCA
(1) This section applies in relation to a person if, immediately before the date of commencement, prisoner of war recognition supplement under Part VIB of the old VEA is being paid to the person.
Continued application of old VEA to fortnights before transfer fortnight
(2) Despite the amendments of the old VEA made by Division 5 of Part 1 of Schedule 2 to the Simplification Act, the old VEA continues to apply, in relation to an amount of prisoner of war recognition supplement payable to the person under Part VIB of that Act for a fortnight that ends before the transfer fortnight, as if those amendments had not been made.
Application of MRCA to transfer fortnight and later fortnights
(3) For the transfer fortnight and each later fortnight, Part 3 of Chapter 5AA of the MRCA has effect in relation to the person as if section 268AO were omitted.
Note: Subsection (3) means that the person is eligible for prisoner of war supplement under Part 3 of Chapter 5AA of the MRCA without the person needing to make a claim for compensation under section 319 of the MRCA.
Meaning of transfer fortnight
(4) In this section:
transfer fortnight means the fortnight that starts immediately after the end of the last pension period (within the meaning of the VEA) that ends before the date of commencement.
110 Pending claims for prisoner of war recognition supplement and prisoner of war compensation
(1) This section applies if:
(a) before the date of commencement, a claim was made under:
(i) Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007 for a compensation payment under that Schedule; or
(ii) section 115Q of the old VEA for prisoner of war recognition supplement under Part VIB of that Act; or
(iii) section 7 of the Veterans’ Entitlements (Clarke Review) Act 2004 for a compensation payment under Part 2 of that Act; or
(iv) section 6 of the Compensation (Japanese Internment) Act 2001 for a compensation payment under that Act; and
(b) immediately before that date, the claim had not been finally determined.
(2) The claim is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.
111 Transfer of VEA Veterans’ Children Education Scheme recipients to MRCA
(1) This section applies in relation to a person if, immediately before the date of commencement, the person is receiving a payment or other benefit under the VEA Veterans’ Children Education Scheme.
(2) On and after the date of commencement:
(a) the scheme established under section 258 of the MRCA (the MRCA education scheme) applies, with any necessary modifications, in relation to the person:
(i) as if the person were an eligible young person; and
(ii) as if the MRCA education scheme provided for the person to receive the same payments and other benefits as the person was receiving under the VEA Veterans’ Children Education Scheme immediately before the date of commencement; and
(b) despite subsection 258(2) of the MRCA, a claim under section 319 in respect of the person is not required in order for the person to be provided with those same payments and other benefits.
(3) Subsection (2) does not prevent the Commission from varying or revoking the MRCA education scheme in accordance with section 258 of the MRCA, including the scheme as it applies to a person because of this section.
(4) In the section:
VEA Veterans’ Children Education Scheme means the Veterans’ Children Education Scheme in force under section 117 of the VEA immediately before the date of commencement.
112 Pending applications under Part VII of the old VEA
(1) This section applies if:
(a) before the date of commencement, an application was made under:
(i) section 116B of the old VEA; or
(ii) section 116CB of the old VEA; or
(iii) the Veterans’ Children Education Scheme (within the meaning of the old VEA); and
(b) immediately before that date, the application had not been finally determined.
(2) The application is taken, on and after the date of commencement, to be:
(a) if subparagraph (1)(a)(i) applies—an application made under paragraph 257C(1)(a) of the MRCA; or
(b) if subparagraph (1)(a)(ii) applies—an application made under paragraph 257C(1)(b) of the MRCA; or
(c) if subparagraph (1)(a)(iii) applies—a claim for compensation made under section 319 of the MRCA.
113 Reviews under section 116D of the old VEA
Reviews under section 116D of the old VEA
(1) If:
(a) before the date of commencement, a request was made under section 116D of the old VEA for review of a decision; and
(b) immediately before that date, a decision on the review had not been made;
then, despite the repeal of section 116D and subsection 175(5) of the old VEA by Division 6 of Part 1 of Schedule 2 to the Simplification Act, those provisions continue to apply, on and after that date, in relation to the review as if those repeals had not happened.
Applications made under subsection 175(5) of the old VEA
(2) To avoid doubt, the repeal of subsection 175(5) of the old VEA by Division 6 of Part 1 of Schedule 2 to the Simplification Act does not affect any application made under that provision before the date of commencement.
114 Continued effect of certain determinations made under Part VII of the old VEA
If:
(a) before the date of commencement, a determination was made for the purposes of a provision of the old VEA mentioned in column 1 of an item of the following table; and
(b) immediately before that date, the determination is in force;
the determination continues to have effect, on and after that date, as if it has been made for the purposes of the provision of the MRCA mentioned in column 2 of the item.
Continued effect of certain determinations made under Part VII of the old VEA | ||
Item | Column 1 Provision of the old VEA | Column 2 Provision of the MRCA |
1 | section 116A | subsection 257B(1) |
2 | section 116C | subsection 257C(4) |
3 | section 116CA | subsection 257B(2) |
4 | section 116CC | subsection 257C(4) |
115 Application provision—additional compensation for children of severely impaired veterans
The amendments of the MRCA made by Division 7 of Part 1 of Schedule 2 to the Simplification Act apply in relation to a claim for compensation that is made on or after the date of commencement.
116 Travel for treatment arrangements
(1) The amendments of the MRCA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act apply in relation to a journey that starts on or after the date of commencement.
(2) Despite the repeal of subsections 16(6) to (9) and 144B(6) of the old DRCA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to a journey that starts before that date.
(3) Despite the repeal of section 110, and the amendments of sections 111 and 112, of the old VEA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to a journey that starts before that date.
117 All treatment to be provided under MRCA in certain circumstances
(1) This section applies if:
(a) apart from this section, at a time (the transfer time) on or after the date of commencement, a person becomes entitled to be provided with treatment for a service injury or disease under Part 3 of Chapter 6 of the MRCA; and
(b) at that time, the person is eligible to be, or is being, provided with treatment under subsection 85(1) or (2) of the VEA for a separate war‑caused or defence‑caused injury or disease (within the meaning of that Act) (the VEA injury or disease).
(2) At the transfer time:
(a) the person becomes entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for the VEA injury or disease; and
(b) the person ceases to be eligible to be provided with treatment under subsection 85(1) or (2) of the VEA for that injury or disease.
(3) However, section 288A of the MRCA does not apply in respect of any treatment obtained for the VEA injury or disease before the transfer time.
117A Bringing across certain instruments relating to treatment
If:
(a) before the date of commencement, an instrument was made under, or for the purposes of, a provision of the VEA mentioned in column 1 of an item of the following table; and
(b) immediately before that date, the instrument is in force;
the instrument has effect (and may be dealt with) on and after that date as if it were also made under the provision of the MRCA mentioned in column 2 of the item.
Note: The instruments continue in force for the purposes of the VEA.
Bringing across certain instruments relating to treatment | ||
Item | Column 1 Provision of the VEA | Column 2 Provision of the MRCA |
1 | section 88A | subsection 284A(1) |
2 | section 88B | subsection 287B(2) |
3 | section 92 | subsection 287C(2) |
118 Application provision—treatment arrangements
Despite the repeal of section 85B of the old VEA by Division 2 of Part 2 of Schedule 2 to the Simplification Act, that section continues to apply, on and after the date of commencement, in relation to treatment provided during a period that starts before that date and ends on or after that date, as if that repeal had not happened.
119 Application provision—presumptive liability
The amendments of the MRCA made by Part 3 of Schedule 2 to the Simplification Act apply in relation to a claim for acceptance of liability that is made on or after the date of commencement.
120 Application provision—additional disablement amount
The amendment of section 199 of the MRCA made by Part 4 of Schedule 2 to the Simplification Act applies in relation to a written offer of a choice that is made on or after the date of commencement.
Subdivision C—Amendments made by Schedule 6
121 Application provision—disability compensation cessation date
The amendments of the VEA made by Schedule 6 to the Simplification Act apply in relation to a pension period (within the meaning of the VEA) that starts on or after the date of commencement.
Subdivision D—Other matters
122 Transitional regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed by the regulations; or
(b) of a transitional nature (including any saving or application provisions) arising out of the enactment of the Simplification Act.
(2) Without limiting subsection (1), the regulations may provide a method of converting a lump sum amount into weekly amounts for the purpose of subsection 14A(2) of this Act.
(3) This Part does not limit the regulations that may be made for the purposes of subsection (1).
Part 7—Other application and transitional provisions
Division 1—Amendments made by the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026
123 Notices to Chief of Defence Force in connection with Board review
The amendments of the MRCA made by Part 1 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026, other than the amendment of section 353R of the MRCA, apply in relation to an application under section 352A of the MRCA for a review by the Board under Part 4 of Chapter 8 of the MRCA that is made on or after the date of commencement.
124 Notice to Commission of travel claim
The amendment of section 353R of the MRCA made by Part 1 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026 applies in relation to an application under section 352A of the MRCA for a review by the Board under Part 4 of Chapter 8 of the MRCA that is made before, on or after the date of commencement.
125 Funeral compensation
The amendments of the MRCA made by Part 3 of Schedule 1 to the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026 apply in relation to a claim for compensation that is made on or after the date of commencement, whether the claim relates to the funeral of a person who dies before, on or after that date.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = Legislation Act 2003 | sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (C2004A01286) | 52, 2004 | 27 Apr 2004 | s 4-24, sch 1‑4: 1 July 2004 (s 2(1) items 2‑7) |
|
Veterans’ Entitlements (Clarke Review) Act 2004 (C2004A01336) | 100, 2004 | 30 June 2004 | sch 6 (items 1‑4): 1 July 2004 (s 2(1) item 8) | — |
Statute Law Revision Act 2005 (C2005A00100) | 100, 2005 | 6 July 2005 | sch 2 (item 22): 1 July 2004 (s 2(1) item 40) | — |
Veterans’ Affairs Legislation Amendment (Statements of Principles and Other Measures) Act 2007 (C2007A00029) | 29, 2007 | 15 Mar 2007 | sch 4 (item 30): 16 Mar 2007 (s 2(1) item 7) | — |
Veterans’ Affairs Legislation Amendment (2007 Measures No. 1) Act 2007 (C2007A00089) | 89, 2007 | 21 June 2007 | sch 3: 1 July 2004 (s 2(1) items 20, 21) | — |
Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 (C2013A00099) | 99, 2013 | 28 June 2013 | sch 10 (items 1-8): 1 July 2013 (s 2(1) item 4) | sch 10 (item 8) |
Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 (C2017A00108) | 108, 2017 | 14 Sept 2017 | sch 3 (items 22-42): 12 Oct 2017 (s 2(1) item 5) | sch 3 (items 34, 37) |
Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (C2025A00017) | 17, 2025 | 20 Feb 2025 | sch 3 (items 108, 109): 21 Apr 2025 (s 2(1) item 3) | — |
Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025 (C2025A00076) | 76, 2025 | 4 Dec 2025 | sch 1 (items 1, 14‑21): 5 Dec 2025 (s 2(1) items 2, 5) | — |
Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 2) Act 2026 (C2026A00031) | 31, 2026 | 1 Apr 2026 | sch 1 (items 8-11, 29, 30, 41, 47): 1 July 2026 (s 2(1) items 3-6) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part 1 |
|
s 3..................... | rep No 17, 2025 |
s 4..................... | am No 108, 2017; No 17, 2025 |
s 5..................... | am No 17, 2025 |
s 6..................... | rs No 17, 2025 |
Part 2 |
|
Part 2................... | rs No 17, 2025 |
s 7..................... | am No 100, 2004; No 99, 2013; No 108, 2017 |
| rs No 17, 2025 |
| am No 31, 2026 |
s 8..................... | am No 100, 2004; No 99, 2013; No 108, 2017 |
| rep No 17, 2025 |
s 9..................... | rs No 99, 2013 |
| rep No 17, 2025 |
s 10.................... | am No 108, 2017 |
| rep No 17, 2025 |
s 11.................... | am No 108, 2017 |
| rep No 17, 2025 |
Part 3 |
|
Part 3 heading............. | rs No 108, 2017 |
s 12.................... | rep No 99, 2013 |
| ad No 17, 2025 |
| am No 76, 2025; No 31, 2026 |
s 13.................... | am No 99, 2013; No 108, 2017; No 17, 2025 |
s 14.................... | am No 108, 2017 |
s 14A................... | ad No 17, 2025 |
| am No 31, 2026 |
Part 4 |
|
Part 4 heading............. | am No 17, 2025 |
s 15.................... | am No 108, 2017 |
| rep No 17, 2025 |
s 16.................... | am No 108, 2017 |
| rep No 17, 2025 |
s 17.................... | am No 108, 2017 |
| rep No 17, 2025 |
s 18.................... | am No 108, 2017 |
| rep No 17, 2025 |
s 19.................... | rep No 17, 2025 |
s 20.................... | rep No 17, 2025 |
s 21.................... | rep No 17, 2025 |
s 22.................... | am No 108, 2017; No 17, 2025 |
s 23.................... | am No 108, 2017; No 17, 2025 |
s 24.................... | am No 108, 2017 |
s 24A................... | ad No 76, 2025 |
Part 5 |
|
Part 5................... | ad No 17, 2025 |
Division 1 |
|
s 25.................... | ad No 17, 2025 |
| am No 76, 2025 |
Division 2 |
|
s 26.................... | ad No 17, 2025 |
| am No 76, 2025 |
s 27.................... | ad No 17, 2025 |
| am No 76, 2025 |
s 28.................... | ad No 17, 2025 |
| am No 76, 2025 |
Division 3 |
|
s 29.................... | ad No 17, 2025 |
s 30.................... | ad No 17, 2025 |
s 31.................... | ad No 17, 2025 |
s 32.................... | ad No 17, 2025 |
s 33.................... | ad No 17, 2025 |
s 34.................... | ad No 17, 2025 |
s 35.................... | ad No 17, 2025 |
Division 4 |
|
s 36.................... | ad No 17, 2025 |
s 37.................... | ad No 17, 2025 |
s 38.................... | ad No 17, 2025 |
s 39.................... | ad No 17, 2025 |
Division 5 |
|
Division 5................ | ad No 76, 2025 |
s 39A................... | ad No 76, 2025 |
s 39B................... | ad No 76, 2025 |
s 39C................... | ad No 76, 2025 |
Part 6 |
|
Part 6................... | ad No 17, 2025 |
Division 1 |
|
s 40.................... | ad No 17, 2025 |
Division 2 |
|
Subdivision A |
|
s 41.................... | ad No 17, 2025 |
s 42.................... | ad No 17, 2025 |
s 43.................... | ad No 17, 2025 |
s 44.................... | ad No 17, 2025 |
s 45.................... | ad No 17, 2025 |
s 46.................... | ad No 17, 2025 |
s 47.................... | ad No 17, 2025 |
Subdivision B |
|
s 48.................... | ad No 17, 2025 |
s 49.................... | ad No 17, 2025 |
s 50.................... | ad No 17, 2025 |
s 51.................... | ad No 17, 2025 |
s 52.................... | ad No 17, 2025 |
s 53.................... | ad No 17, 2025 |
Division 3 |
|
Subdivision A |
|
s 54.................... | ad No 17, 2025 |
s 55.................... | ad No 17, 2025 |
s 56.................... | ad No 17, 2025 |
s 57.................... | ad No 17, 2025 |
s 58.................... | ad No 17, 2025 |
s 59.................... | ad No 17, 2025 |
s 60.................... | ad No 17, 2025 |
Subdivision B |
|
s 61.................... | ad No 17, 2025 |
s 62.................... | ad No 17, 2025 |
s 63.................... | ad No 17, 2025 |
s 64.................... | ad No 17, 2025 |
s 65.................... | ad No 17, 2025 |
s 66.................... | ad No 17, 2025 |
Division 4 |
|
Subdivision A |
|
s 67.................... | ad No 17, 2025 |
s 68.................... | ad No 17, 2025 |
s 69.................... | ad No 17, 2025 |
s 70.................... | ad No 17, 2025 |
s 71.................... | ad No 17, 2025 |
s 72.................... | ad No 17, 2025 |
Subdivision B |
|
s 73.................... | ad No 17, 2025 |
s 74.................... | ad No 17, 2025 |
s 75.................... | ad No 17, 2025 |
s 76.................... | ad No 17, 2025 |
s 77.................... | ad No 17, 2025 |
Division 5 |
|
Subdivision A |
|
s 78.................... | ad No 17, 2025 |
s 79.................... | ad No 17, 2025 |
s 80.................... | ad No 17, 2025 |
s 81.................... | ad No 17, 2025 |
Subdivision B |
|
s 82.................... | ad No 17, 2025 |
s 83.................... | ad No 17, 2025 |
s 84.................... | ad No 17, 2025 |
s 85.................... | ad No 17, 2025 |
s 86.................... | ad No 17, 2025 |
s 87.................... | ad No 17, 2025 |
Division 6 |
|
Subdivision A |
|
s 88.................... | ad No 17, 2025 |
| am No 76, 2025 |
s 89.................... | ad No 17, 2025 |
| am No 76, 2025 |
s 90.................... | ad No 17, 2025 |
| am No 76, 2025 |
s 91.................... | ad No 17, 2025 |
s 92.................... | ad No 17, 2025 |
s 93.................... | ad No 17, 2025 |
s 94.................... | ad No 17, 2025 |
s 95.................... | ad No 17, 2025 |
s 96.................... | ad No 17, 2025 |
s 97.................... | ad No 17, 2025 |
s 98.................... | ad No 17, 2025 |
s 99.................... | ad No 17, 2025 |
s 100................... | ad No 17, 2025 |
s 101................... | ad No 17, 2025 |
s 102................... | ad No 17, 2025 |
s 103................... | ad No 17, 2025 |
s 104................... | ad No 17, 2025 |
Subdivision B |
|
s 105................... | ad No 17, 2025 |
s 106................... | ad No 17, 2025 |
| am No 76, 2025 |
s 107................... | ad No 17, 2025 |
| am No 76, 2025 |
s 108................... | ad No 17, 2025 |
s 109................... | ad No 17, 2025 |
s 110................... | ad No 17, 2025 |
s 111................... | ad No 17, 2025 |
s 112................... | ad No 17, 2025 |
s 113................... | ad No 17, 2025 |
s 114................... | ad No 17, 2025 |
s 115................... | ad No 17, 2025 |
s 116................... | ad No 17, 2025 |
s 117................... | ad No 17, 2025 |
s 117A.................. | ad No 76, 2025 |
s 118................... | ad No 17, 2025 |
s 119................... | ad No 17, 2025 |
s 120................... | ad No 17, 2025 |
Subdivision C |
|
s 121................... | ad No 17, 2025 |
Subdivision D |
|
s 122................... | ad No 17, 2025 |
Part 7 |
|
Part 7................... | ad No 31, 2026 |
Division 1 |
|
s 123................... | ad No 31, 2026 |
s 124................... | ad No 31, 2026 |
s 125................... | ad No 31, 2026 |
Schedule 1................ | am No 29, 2007; No 89, 2007 |
| rep No 17, 2025 |
Schedule 2................ | rep No 17, 2025 |
Schedule 3................ | am No 100, 2005 |
| rep No 17, 2025 |
Schedule 4................ | rep No 17, 2025 |