EXPLANATORY STATEMENT
Military Rehabilitation and Compensation Act 2004
Determination of pay-related allowances
The Military Rehabilitation and Compensation Act 2004 (the Act) provides for compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease.
Subsection 11(1) of the Military Rehabilitation and Compensation Act 2004 (the Act) requires the Defence Minister to make a written determination specifying which allowances paid under a determination made under sections 58B or 58H of the Defence Act 1903 are pay-related allowances for the purposes of the Act.
The determination of an allowance as “pay-related” permits the allowance to be taken into account as part of the normal earnings and actual earnings of members of the Defence Force who seek compensation under the Act.
Clause 1 cites the full title of the Determination.
Clause 2 specifies the date on which of this Determination is taken to have commenced.
Clause 3 states that the allowance specified in Schedule 1 is a pay-related allowance for the purposes of subsection 11(1) of the Act.
Schedule 1 specifies that trainee allowance is taken to be a pay-related allowance for the purposes of subsection 11(1) of the Act.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003. There has been no consultation in the making of this instrument as it relates to the management of and the service of members of the Australian Defence Force.
This Determination will, after it has been registered, be taken to have commenced on the dates specified in clause 2. The retrospective operation of this Determination does not affect the rights of any person (other than the Commonwealth) so as to disadvantage that person or impose liabilities on any person (other than the Commonwealth) in respect of anything done or omitted to be done before the date that this Determination is registered.