Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)
As amended
made under the
Military Rehabilitation and Compensation Act 2004
This compilation was prepared on 7 July 2013
taking into account amendments up to:
Military Rehabilitation and Compensation (Members - Service End Date) Amendment Determination 2013 (No. MRCC 5 of 2013)(F2013L01041)
Prepared by the Legal Services & Assurance Branch,
Department of Veterans' Affairs, Canberra.
1 Name of Determination
This Determination is the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1).
2 Commencement and application
(1) This Determination commences on 1 July 2004.
(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.
3 Persons taken to be members
For subsection 8 (1) of the Military Rehabilitation and Compensation Act 2004, the classes of persons specified in Schedule 1 who perform, or have performed, the acts specified in that Schedule are taken to be, or to have been, members for the purposes of that Act.
Schedule 1 Persons and activities or acts
Item | Class of persons | Acts |
1 | Persons who hold an honorary rank or appointment in the Australian Defence Force | Acts performed by the persons in assisting the Australian Defence Force in the period 1 July 2004 – 30 June 2013 |
2 | Persons who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force | Acts performed in connection with the arrangement in the period 1 July 2004 – 30 June 2013 |
3 | Members of approved philanthropic organisations serving the Defence Force | Acts performed: (a) as an accredited representative of the philanthropic organisation; and (b) while providing services in support of the Australian Defence Force as authorised by the sponsoring Australian Defence Force unit; and (c ) in the period 1 July 2004 – 30 June 2013 |
Notes to the Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)
Note 1
The Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) (in force under the Military Rehabilitation and Compensation Act 2004) as shown in this compilation comprises the legislative instruments indicated in the Table below.
Table of Legislative Instruments
Year and
umber | Date of FRLI
registration | Date of
commencement | Application, saving or
transitional provisions |
Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) | 10 April 2007 (see F2007B0047) | 1 July 2004 | Section 2(see Table A) |
2013 No. MRCC 5 | 18 June 2013 (see F2013L01041) | when Schedule 12 of the Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 commences. | Section 3 (see Table A) |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule 1 | rs. 2013 No. MRCC 5 |
Table A Application, saving or transitional provisions
Legislative Instrument Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)
2 Commencement and application
(1) This Determination commences on 1 July 2004.
(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.
Legislative Instrument 2013 No. MRCC 5
3 Application
A person who, immediately before the commencement of this instrument, is a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) is, on the commencement of this instrument, a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) as amended by this instrument.
Overview
The Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) was enacted under the Military Rehabilitation and Compensation Act 2004 to address the need for comprehensive provisions covering rehabilitation and compensation for members of the Australian Defence Force. This Determination identifies specific classes of individuals who are considered members for the purposes of the Act, thereby ensuring that they are eligible for rehabilitation and compensation benefits. The objective of this legislation is to provide a clear framework for the recognition and support of these members, which includes those holding honorary ranks, those on Career Transition Assistance, and members of approved philanthropic organisations serving the Defence Force. The enacting body responsible for this Determination is the Parliament of Australia, which aims to ensure that the welfare of Defence Force members is adequately addressed through this legal instrument.
Scope and Application
The Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) applies to certain categories of individuals who are considered members for the purposes of the Military Rehabilitation and Compensation Act 2004. This includes persons who hold an honorary rank or appointment in the Australian Defence Force, individuals who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force, and members of approved philanthropic organisations serving the Defence Force. These persons are taken to be members if they perform specific acts in assisting the Australian Defence Force within the period from 1 July 2004 to 30 June 2013. The Determination, which commenced on 1 July 2004, is a legislative instrument made under the Act and applies across the Commonwealth of Australia. It was amended in 2013, with the amendments taking effect upon the commencement of certain provisions of the Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013. The scope of the Determination can be further extended or modified through subordinate instruments.
Key Provisions
The Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) establishes the categories of individuals who are considered members under the Military Rehabilitation and Compensation Act 2004. Specifically, section 3 identifies three classes of persons who are taken to be members for the purposes of the Act, including those holding honorary ranks or appointments in the Australian Defence Force, individuals on Career Transition Assistance, and members of approved philanthropic organisations serving the Defence Force, all performing specific acts within designated time frames. This determination clarifies the scope of individuals eligible for rehabilitation and compensation benefits under the Act.
The Act imposes certain obligations on these members. For example, it requires that the acts performed by members of the specified classes must be in support of the Australian Defence Force within the stipulated period. This includes acts performed by honorary rank holders, individuals on Career Transition Assistance, and members of approved organisations. These obligations are outlined in the schedule to the Determination, which details the acts that each class of person must perform to be considered a member for the purposes of the Act.
Failure to comply with the provisions of this Determination may result in legal consequences. Although the Determination itself does not explicitly state penalties for non-compliance, breaches of the Military Rehabilitation and Compensation Act 2004 could lead to criminal or civil penalties as stipulated in other parts of the Act. For instance, knowingly making a false statement or document for the purpose of obtaining a benefit under the Act could result in fines or imprisonment, as outlined in the principal Act. Therefore, members must ensure their acts and activities comply with the legislative requirements to avoid potential legal repercussions.