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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Military
Rehabilitation and Compensation (Consequential and Transitional Provisions) Bill
2003
No. ,
2003
(Veterans’
Affairs)
A Bill for an Act to amend laws,
and to deal with transitional matters, in connection with the Military
Rehabilitation and Compensation Act 2003, and for other
purposes
Contents
Part 1—Main amendments relating to transitional and application
issues 21
Part 2—Amendments relating to income support
supplement 37
Part 3—Amendments relating to the Statements of
Principles 41
Part 4—Amendments relating to offsetting permanent impairment
payments under the SRCA 47
Part 1—Main amendments relating to transitional and application
issues 50
Part 2—Defence-related injuries and deaths
etc. 54
Aged Care Act
1997 67
A New Tax System (Family Assistance) Act
1999 68
A New Tax System (Family Assistance) (Administration) Act
1999 68
A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act
1999 69
Data-matching Program (Assistance and Tax) Act
1990 69
Defence Act
1903 69
Defence Force (Home Loans Assistance) Act
1990 69
Defence Reserve Service (Protection) Act
2001 70
Disability Discrimination Act
1992 71
Farm Household Support Act
1992 71
Fringe Benefits Tax (Application to the Commonwealth) Act
1986 72
Income Tax Rates Act
1986 72
National Health Act
1953 73
Registration of Deaths Abroad Act
1984 73
Social Security Act
1991 74
Taxation Administration Act
1953 87
Part 1—Amendment of the Income Tax Assessment Act
1936 88
Part 2—Amendment of the Income Tax Assessment Act
1997 91
Part 3—Application and amendment of
assessments 98
A Bill for an Act to amend laws, and to deal with
transitional matters, in connection with the Military Rehabilitation and
Compensation Act 2003, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Military Rehabilitation and Compensation
(Consequential and Transitional Provisions) Act 2003.
(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.
|
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. |
|
|
2. Sections 4 to 24 |
At the same time as section 3 of the MRCA commences. |
|
|
3. Schedules 1 to 4 |
At the same time as section 3 of the MRCA commences. |
|
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.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
(1) In this Act:
commencement date means the date on which section 3 of
the Military Rehabilitation and Compensation Act 2003
commences.
MRCA means the Military Rehabilitation and Compensation
Act 2003.
old injury or disease has the meaning given by
section 13.
relates to defence service has the meaning given by
section 5.
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.
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
(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.
To avoid doubt, defence service may be rendered on or after the
commencement date even if the service relates to the performance of a duty that
ended before that date.
Example: A member finishes duty just before the commencement
date and is injured in an accident while travelling home just after the
commencement date. The member is covered by the MRCA.
(1) The MRCA applies to a person’s injury, disease or death
if:
(a) the injury is sustained, the disease is contracted, or the death
occurs, on or after the commencement date; and
(b) the injury, disease or death either:
(i) relates to defence service rendered by the person on or after that
date; or
(ii) relates to defence service rendered by the person before, and on or
after, that date.
Note: After the commencement date, benefits stop being
provided under the VEA and the SRCA for such injuries, diseases and deaths (see
section 9A of the VEA and section 4AA of the SRCA).
(2) 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, if:
(a) the aggravation or material contribution occurs on or after the
commencement date (even if the original injury is sustained, or the original
disease is contracted, before that date); and
(b) the aggravation or material contribution either:
(i) relates to defence service rendered by the person on or after that
date; or
(ii) relates to defence service rendered by the person before, and on or
after, that date.
Note 1: After the commencement date, benefits stop being
provided under the VEA and the SRCA for such aggravations and material
contributions (see section 9A of the VEA and section 4AA of the
SRCA).
Note 2: The MRCA does not apply to an aggravation or
material contribution if a person instead applies under section 15 of the
VEA for an increase in a pension because of the aggravation or material
contribution (see section 9 of this Act).
(3) To avoid doubt, defence service is rendered before, and on or after,
the commencement date whether the service spans the commencement date or is
rendered during separate periods before and on or after that date.
(1) The MRCA applies to an injury, disease or death if:
(a) the injury is sustained, the disease is contracted, or the death
occurs, on or after the commencement date; and
(b) the injury, disease or death occurs as an unintended consequence of
treatment of a kind mentioned in section 29 of the MRCA; and
(c) the treatment is provided either:
(i) on or after the commencement date; or
(ii) before, and on or after, the commencement date.
Note: After the commencement date, benefits stop being
provided under the VEA and the SRCA for such injuries, diseases and deaths (see
section 9A of the VEA and subsection 6A(2A) of the SRCA).
(2) 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,
if:
(a) the aggravation or material contribution occurs on or after the
commencement date (even if the original injury is sustained, or the original
disease is contracted, before that date); and
(b) the aggravation or material contribution occurs as an unintended
consequence of treatment of a kind mentioned in section 29 of the MRCA;
and
(c) the treatment is provided either:
(i) on or after the commencement date; or
(ii) before, and on or after, the commencement date.
Note 1: After the commencement date, benefits stop being
provided under the VEA and the SRCA for such aggravations and material
contributions (see section 9A of the VEA and subsection 6A(2A) of the
SRCA).
Note 2: The MRCA does not apply to an aggravation or
material contribution if a person instead applies under section 15 of the
VEA for an increase in a pension because of the aggravation or material
contribution (see section 9 of this Act).
(3) To avoid doubt, treatment is provided before, and on or after, the
commencement date whether the treatment spans the commencement date or is
provided during separate periods before and on or after that date.
The MRCA does not apply to a person’s aggravation or material
contribution if:
(a) the person is given a notice under section 12 of this Act;
and
(b) after receiving the notice, the person applies under section 15
of the VEA (or continues with an application already made under that section)
for an increase in a rate of a pension on the ground that the person’s
incapacity has increased because of the aggravation or material
contribution.
Note: Under section 12, a person who has a war-caused
or defence-caused injury or disease that is aggravated etc. by defence service
after the commencement date can choose whether the MRCA or the VEA will apply to
the aggravated injury or disease.
Subsection 7(4) of the SRCA does not apply in determining the day on
which a disease is contracted, or aggravated or materially contributed to, for
the purposes of paragraph 7(1)(a) or (2)(a) or 8(1)(a) or (2)(a).
Note: The Commission must determine the day on which a
disease is contracted, or aggravated or materially contributed to, rather than
using the day that is deemed by subsection 7(4) of the SRCA.
The MRCA applies to the loss of, or damage to, a member’s medical
aid if the loss or damage results from an occurrence that happens on or after
the commencement date.
Note: After the commencement date, benefits stop being
provided under the SRCA for such loss and damage (see section 15A of the
SRCA).
(1) This section applies to a person if:
(a) the person is suffering from a war-caused or defence-caused injury or
disease (within the meaning of the VEA); and
(b) after the commencement date:
(i) a claim is made under section 319 of the MRCA in respect of an
aggravation of, or a material contribution to, the war-caused or defence-caused
injury or disease (the aggravated injury or disease); or
(ii) the person applies under section 15 of the VEA for an increase
in a rate of pension on the ground that the incapacity of the person has
increased because of an aggravation of, or a material contribution to, the
war-caused or defence-caused injury or disease (the aggravated injury or
disease), being an aggravation or material contribution to which
subsection 7(2) or 8(2) of this Act applies; and
(c) a notice has not previously been given to the person under this
section in respect of the aggravated injury or disease.
(2) The Commission must give the person a written notice as soon as
practicable advising the person that he or she must choose between:
(a) making a claim under section 319 of the MRCA for acceptance of
liability for the aggravated injury or disease; or
(b) applying under section 15 of the VEA for an increase in a rate of
pension in respect of the aggravated injury or disease.
Note: A person makes the choice by making a claim or
applying, or continuing with a claim or application, under one of those
sections.
(1) This section applies if:
(a) a claim is made under section 319 of the MRCA in respect of a
person who also has:
(i) a separate war-caused or defence-caused injury or disease (within the
meaning of the VEA) (the old injury or disease); or
(ii) a separate injury or disease (within the meaning of the SRCA) (the
old injury or disease); or
(b) a claim is made under section 319 of the MRCA in respect of an
aggravation of, or a material contribution to:
(i) a war-caused or defence-caused injury or disease of a person (within
the meaning of the VEA) (the old injury or disease); or
(ii) an injury or disease of a person (within the meaning of the SRCA)
(the old injury or disease);
or a sign or symptom of such an injury or disease.
(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 SRCA 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)).
(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 SRCA, converted to a weekly amount
in accordance with regulations made for the purposes of paragraph 24(3)(b) of
this Act.
No dual entitlement for injuries and diseases
(1) A person who, at a particular time, would otherwise be entitled
to:
(a) a benefit under a VEA or SRCA provision mentioned in column 1 of the
table; and
(b) a benefit under an MRCA provision mentioned in column 2;
is instead only entitled to the benefit under the MRCA provision at that
time.
|
Equivalent entitlements for injuries and diseases under the VEA or SRCA
and the MRCA |
||
|---|---|---|
|
Item |
Column 1 VEA or SRCA provision |
Column 2 MRCA provision |
|
1 |
Subsection 13(4) of the VEA |
Section 253 of the MRCA |
|
2 |
Section 98 of the VEA |
Section 217 of the MRCA |
|
3 |
Section 105 of the VEA |
Section 212 of the MRCA |
|
4 |
Section 107 of the VEA |
Part 3, 4 or 6 of Chapter 4 of the MRCA |
|
5 |
Section 108 of the VEA |
Part 3, 4 or 6 of Chapter 4 of the MRCA |
|
6 |
Part VII of the VEA |
Section 258 of the MRCA |
|
7 |
Section 19, 20, 21, 21A or 31 of the SRCA |
Part 3, 4 or 6 of Chapter 4 of the MRCA |
|
8 |
Section 22 of the SRCA |
Section 127 of the MRCA |
|
9 |
Subsection 29(1) of the SRCA |
Section 214 of the MRCA |
|
10 |
Subsection 29(3) of the SRCA |
Section 217 of the MRCA |
Note: Payments of Commonwealth superannuation that are being
offset under section 20, 21 or 21A of the SRCA might instead be offset
under Part 4 or 6 of Chapter 4 of the MRCA (see section 16 of
this Act).
No dual entitlement for travel expenses for treatment
(2) A person who would otherwise be entitled to:
(a) a benefit under a VEA or SRCA provision mentioned in column 1 of the
table in respect of a journey or accommodation; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of
the journey or accommodation;
is instead only entitled to the benefit under the MRCA provision in respect
of the journey or accommodation.
|
Equivalent entitlements for travel expenses for treatment under the VEA
or SRCA and the MRCA |
||
|---|---|---|
|
Item |
Column 1 VEA or SRCA provision |
Column 2 MRCA provision |
|
1 |
Subsection 110(1) of the VEA |
Subsection 290(1) or 291(1) of the MRCA |
|
2 |
Subsection 110(2) of the VEA |
Subsection 290(2) or 291(2) of the MRCA |
|
3 |
Subsection 16(6) of the SRCA |
Division 2 of Part 4 of Chapter 6 of the MRCA |
|
4 |
Subsection 16(9) of the SRCA |
Section 297 of the MRCA |
No dual entitlement for treatment expenses
(3) A person who would otherwise be entitled to compensation under
subsection 16(1) of the SRCA, and Part 2 of Chapter 6 of the MRCA, in
respect of the same treatment is instead only entitled to the compensation under
the MRCA for the treatment.
No dual entitlement for modifications of aids and appliances
etc.
(4) A person who would otherwise be entitled to:
(a) a benefit under an SRCA provision mentioned in column 1 of the table
in respect of a modification, alteration, repair, replacement or provision of a
thing; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of
the modification, alteration, repair, replacement or provision;
is instead only entitled to the benefit under the MRCA provision in respect
of the modification, alteration, repair, replacement or provision.
|
Equivalent entitlements for modifications of aids and appliances etc.
under the SRCA and the MRCA |
||
|---|---|---|
|
Item |
Column 1 SRCA provision |
Column 2 MRCA provision |
|
1 |
Paragraph 39(1)(c), (d) or (e) of the SRCA |
Section 56 of the MRCA |
|
2 |
Paragraph 39(1)(d) or (e) of the SRCA |
Section 212 of the MRCA |
No dual entitlement for deaths
(5) A person who would otherwise be entitled to:
(a) a benefit under a VEA or SRCA provision mentioned in column 1 of the
table in respect of a person’s death; and
(b) a benefit under an MRCA provision mentioned in column 2 in respect of
the death;
is instead only entitled to the benefit under the MRCA provision in respect
of the death.
|
Equivalent entitlements for deaths under the VEA or SRCA and the
MRCA |
||
|---|---|---|
|
Item |
Column 1 VEA or SRCA provision |
Column 2 MRCA provision |
|
1 |
Section 98B of the VEA |
Section 266 of the MRCA |
|
2 |
Subsection 99(1) of the VEA |
Section 266 of the MRCA |
|
3 |
Subsection 99(2) of the VEA |
Section 266 of the MRCA |
|
4 |
Paragraph 99(4)(b) of the VEA |
Section 297 of the MRCA |
|
5 |
Subsection 16(9) of the SRCA |
Section 297 of the MRCA |
|
6 |
Subsection 17(3) of the SRCA |
Parts 1 to 4 of Chapter 5 of the MRCA |
|
7 |
Subsection 17(4) of the SRCA |
Part 4 of Chapter 5 of the MRCA |
|
8 |
Subsection 17(5) of the SRCA |
Section 253 of the MRCA |
|
9 |
Section 18 of the SRCA |
Section 266 of the MRCA |
(6) To avoid doubt, if this section stops a person from being entitled,
under a provision of an Act, to a benefit at a time or in respect of a thing,
then compensation, an allowance, a pension or any other benefit is not payable,
or to be granted, under the provision at that time or in respect of that thing
to or for the benefit of the person.
(1) This section applies if:
(a) item 7 of the table in subsection 15(1) stops a person from being
entitled to compensation under section 20, 21 or 21A of the SRCA
(compensation for incapacity if superannuation is paid); and
(b) apart from this section, the person would be entitled to compensation
of an amount:
(i) that is worked out under Subdivision C of Division 2 of
Part 4 of Chapter 4 of the MRCA (compensation for incapacity if no
superannuation is paid); or
(ii) that would be worked out under that Subdivision if the person had not
chosen to receive a Special Rate Disability Pension.
(2) The superannuation scheme (within the meaning of the SRCA) is taken to
be a Commonwealth superannuation scheme (within the meaning of the MRCA) for the
purposes of the MRCA.
Note: This means that amounts of superannuation that are
being offset under the SRCA are offset under the MRCA.
(3) For the purposes of the MRCA, the amounts mentioned in column 1 of the
table are taken to be the same as the amounts under the SRCA mentioned in column
2.
|
Transferring superannuation amounts |
||
|---|---|---|
|
Item |
Column 1 This MRCA amount... |
Column 2 is taken to the same as this SRCA amount... |
|
1 |
the superannuation pension amount mentioned in section 134 of the
MRCA |
the superannuation amount (in relation to a pension) mentioned in
section 20 of the SRCA |
|
2 |
the superannuation lump sum amount mentioned in section 135 of the
MRCA |
the superannuation amount (in relation to a lump sum benefit) mentioned in
section 21 of the SRCA |
|
3 |
the superannuation pension amount mentioned in section 136 of the
MRCA |
the weekly superannuation amount mentioned in section 21A of the
SRCA |
|
4 |
the superannuation lump sum amount mentioned in section 136 of the
MRCA |
the superannuation lump sum benefit mentioned in section 21A of the
SRCA |
(1) This section sets out the amount of compensation for a week that a
person who has previously redeemed an amount under section 30 of the SRCA
is entitled to under Part 4 of Chapter 4 of the MRCA.
(2) The amount is worked out using the following formula:
where:
Subdivision C or D compensation amount for a person for a
week means the amount of compensation that person would have been paid for the
week if Subdivision C or D of Division 2 of Part 4 of Chapter 4
of the MRCA had applied.
weekly amount means the amount for a week that was redeemed
at the date of the determination under section 30 of the SRCA.
(1) This section applies if:
(a) a person is undertaking a rehabilitation program under the VEA or the
SRCA (the old program); and
(b) the rehabilitation authority for the person determines that the person
is to undertake a rehabilitation program under the MRCA (the new
program).
(2) The person’s rehabilitation authority may determine that the old
program stops being provided under the VEA or the SRCA.
(3) If the authority does so, the approved program provider
may (but does not have to) incorporate all or part of the old program in
designing or providing the new program.
(4) If the approved program provider incorporates all or part of the old
program, then the Commonwealth must pay all unpaid costs incurred in respect of
the old program.
(1) For the purposes of the MRCA, a Statement of Principles that is in
force under subsection 196B(2), (3), (11) or (12) of the VEA immediately before
the commencement date is taken to have been made on the commencement date under
that subsection for the purposes of the MRCA.
Note: The Statements of Principles continue in force for the
purposes of the VEA in respect of injuries and diseases etc. to which that Act
applies.
Translating references in a subsection 196B(2) or (11) Statement of
Principles
(2) For a Statement of Principles mentioned in subsection (1) that is
made under subsection 196B(2) or (11), references in column 1 of the table have
effect for the purposes of the MRCA as if they were the references in column
2.
|
Translating references in a subsection 196B(2) or (11) Statement of
Principles |
||
|---|---|---|
|
Item |
Column 1 A reference in the Statement of Principles to this... |
Column 2 is taken to include a reference to this... |
|
1 |
operational service, peacekeeping service or hazardous service as defined
in the VEA |
warlike service or non-warlike service as defined in the MRCA |
|
2 |
paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the VEA |
paragraphs 27(d) and 28(1)(d) of the MRCA |
|
3 |
section 120A of the VEA |
section 338 of the MRCA |
Translating references in a subsection 196B(3) or (12) Statement of
Principles
(3) For a Statement of Principles mentioned in subsection (1) that is
made under subsection 196B(3) or (12), references in column 1 of the table have
effect for the purposes of the MRCA as if they were the references in column
2.
|
Translating references in a subsection 196B(3) or (12) Statement of
Principles |
||
|---|---|---|
|
Item |
Column 1 A reference in the Statement of Principles to this... |
Column 2 is taken to include a reference to this... |
|
1 |
eligible war service (other than operational service) or defence service
(other than hazardous service) as defined in the VEA |
peacetime service as defined in the MRCA |
|
2 |
paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the VEA |
paragraphs 27(d) and 28(1)(d) of the MRCA |
|
3 |
section 120B of the VEA |
section 339 of the MRCA |
(1) For the purposes of the MRCA, the scheme in force under
section 117 of the VEA immediately before the commencement date is taken to
have been determined on that date under section 258 of the MRCA.
Note: The scheme continues in force for the purposes of the
VEA in respect of eligible children to whom that Act applies.
(2) A reference in the scheme to an eligible child as defined in the VEA
is taken to be a reference to an eligible young person mentioned in
section 258 of the MRCA.
(3) A reference in the scheme to the Repatriation Commission is taken to
be a reference to the Military Rehabilitation and Compensation
Commission.
For the purposes of the MRCA, the following documents that are in force
under the VEA immediately before the commencement date are taken to have been
determined on that date under section 286 of the MRCA:
(a) the Treatment Principles in force under section 90 of the
VEA;
(b) the Repatriation Private Patient Principles in force under
section 90A of the VEA;
(c) the scheme for providing pharmaceutical benefits in force under
section 91 of the VEA.
Note: The documents continue in force for the purposes of
the VEA in respect of treatment to which that Act applies.
For the purposes of the MRCA, a declaration in force under subsection
5(6A) of the SRCA immediately before the commencement date is taken to have been
made on that date under section 8 of the MRCA.
Note: A declaration under subsection 5(6A) continues in
force for the purposes of the SRCA in respect of injuries and diseases etc. to
which that Act applies.
A decision made under or in respect of this Act (other than a decision
made under or in respect of a provision being inserted or amended by
Schedule 1 or 2 to 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. (The review provisions under or in respect of the VEA or the SRCA apply to
a decision made under a provision being inserted or amended by Schedule 1
or 2 to this Act respectively.)
(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 SRCA; 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.
Schedule 1—Amendment
of the Veterans’ Entitlements Act 1986
Part 1—Main
amendments relating to transitional and application issues
1 Section 5 (index of
definitions)
Insert in their appropriate alphabetical positions, determined on a
letter-by-letter basis:
|
CTPA |
5Q(1) |
|
Military Rehabilitation and Compensation Commission |
5Q(1) |
|
MRCA |
5Q(1) |
|
MRCA commencement date |
5Q(1) |
|
relates to service |
5Q(1B) and (1C) |
2 After paragraph 5H(8)(b)
Insert:
(ba) a payment of an instalment of an allowance under section 118A,
118F or 118Q (pharmaceutical and telephone allowance);
3 Paragraph 5H(8)(zb)
Omit “to a veteran”.
4 At the end of subsection
5H(8)
Add:
; (zo) a payment under section 47, 56, 81, 205, 214, 217, 226, 239 or
266 of the MRCA to reimburse costs incurred in respect of the provision of goods
or services (other than a payment to the person who provided the goods or
service);
(zp) a payment (either as a weekly amount or a lump sum) under
section 68, 71, 75 or 80 of the MRCA (permanent impairment);
(zq) a payment of a Special Rate Disability Pension under Part 6 of
Chapter 4 of the MRCA;
(zr) if subsection 204(5) of the MRCA applies to a person—an amount
per fortnight, worked out under section 5I of this Act, that would, apart
from this paragraph, be income of the person;
Note: Subsection 204(5) of the MRCA reduces a Special Rate
Disability Pension by reference to amounts of Commonwealth superannuation that
the person has received or is receiving.
(zs) a payment under the Motor Vehicle Compensation Scheme under
section 212 of the MRCA;
(zt) a payment of an allowance under section 221, 245 or 300 of the
MRCA (telephone and pharmaceutical allowance);
(zu) a payment of a lump sum mentioned in paragraph 234(1)(a) or
subparagraph 234(1)(b)(i), or of a weekly amount mentioned in subparagraph
234(1)(b)(ii), of the MRCA (wholly dependent partner payment);
(zv) a payment under section 242 or 255 of the MRCA (continuing
permanent impairment and incapacity etc. payments);
(zw) a payment under section 251 or 253 of the MRCA (eligible young
person payment);
(zx) a payment under the scheme set up under section 258 of the MRCA
(education scheme for eligible young persons);
(zy) a payment under section 262 of the MRCA (compensation for other
dependants);
(zz) a payment under Part 2 of Chapter 6, or Division 2 or
3 of Part 4 of Chapter 6, or subsection 328(4), of the MRCA
(compensation for treatment etc.);
(zza) a payment under section 424 of the MRCA (special
assistance).
Note: However:
(a) some of the amounts referred to in
paragraphs (8)(zp), (zq), (zr) and (zu) are counted for the purposes of the
hardship rules (see subsection 52Z(3A)); and
(b) the amounts referred to in paragraph (8)(zp)
are counted for the purposes of rent assistance (see Module C of the Rate
Calculator).
5 After section 5H
Insert:
For the purposes of paragraphs 5H(8)(zr) and 52Z(3A)(i), the amount per
fortnight is:
where:
Special Rate Disability Pension reduction amount means the
amount by which the Special Rate Disability Pension (as reduced under subsection
204(3)) is reduced under subsection 204(6) of the MRCA (but not below
zero).
6 Subsection 5Q(1)
Insert:
CTPA means the Military Rehabilitation and Compensation
(Consequential and Transitional Provisions) Act 2003.
7 Subsection 5Q(1)
Insert:
Military Rehabilitation and Compensation Commission means the
Military Rehabilitation and Compensation Commission established under
section 361 of the MRCA.
8 Subsection 5Q(1)
Insert:
MRCA means the Military Rehabilitation and Compensation
Act 2003.
9 Subsection 5Q(1)
Insert:
MRCA commencement date means the date on which section 3
of the MRCA commences.
10 After subsection 5Q(1A)
Insert:
Definition of relates to service for injuries, diseases and
deaths
(1B) For the purposes of this Act, an injury, disease or death
relates to 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 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 service for aggravations and material
contributions
(1C) For the purposes of this Act, an aggravation of, or a material
contribution to, an injury or disease relates to 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—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—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.
11 Subsections 8(1) and 9(1)
Omit “Subject to this section,”, substitute “Subject to
this section and section 9A,”.
12 After section 9
Insert:
(1) A veteran’s injury, disease or death is taken not to be
war-caused if:
(a) the injury is sustained, the disease is contracted, or the death
occurs, on or after the MRCA commencement date; and
(b) the injury, disease or death either:
(i) relates to service rendered by the person on or after that date;
or
(ii) relates to service rendered by the person before, and on or after,
that date.
Note: After the MRCA commencement date, compensation is
provided under the MRCA (instead of this Act) for such injuries, diseases and
deaths.
(2) An injury or disease of a veteran that has been aggravated, or
materially contributed to, by service is taken not to be war-caused
if:
(a) the aggravation or material contribution occurs on or after the
commencement date (even if the original injury is sustained, or the original
disease is contracted, before that date); and
(b) the aggravation or material contribution either:
(i) relates to service rendered by the person on or after that date;
or
(ii) relates to service rendered by the person before, and on or after,
that date; and
(c) if section 12 of the CTPA applies to the veteran—after
receiving a notice under that section, the veteran makes a claim under
section 319 of the MRCA (or continues with a claim already made under that
section) in respect of the aggravated injury or disease.
Note: After the MRCA commencement date, compensation is
provided under the MRCA (instead of this Act) for such aggravations and material
contributions.
(3) To avoid doubt, service is rendered before, and on or after, the MRCA
commencement date whether the service spans the commencement date or is rendered
during separate periods before and on or after that date.
13 Paragraph 13(1)(b)
Omit “has become incapacitated”, substitute “is
incapacitated”.
14 After subsection 13(2A)
Insert:
Subsection (2A) ceases to apply
(2AA) The Commonwealth is not liable, under subsection (2A), to pay a
pension to a dependant of a veteran in respect of the veteran’s death if
the death occurs on or after the MRCA commencement date.
15 After subsection 13(6)
Insert:
Subsection (6) ceases to apply
(6A) The Commonwealth is not liable, under subsection (6), to pay a
pension in respect of a person’s death, or the incapacity of a person,
if:
(a) either:
(i) the occurrence resulting in the death or incapacity happened on or
after the MRCA commencement date; or
(ii) the disease was contracted on or after the MRCA commencement date;
and
(b) either:
(i) the occurrence or disease relates to service rendered by the person on
or after that date; or
(ii) the occurrence or disease relates to service rendered by the person
before, and on or after, that date (whether the service spans the commencement
date or is rendered during separate periods before and on or after that
date).
16 After subsection 15(1)
Insert:
(1A) However, a veteran who:
(a) receives a notice under section 12 of the CTPA in respect of an
aggravation of, or a material contribution to, an injury or disease;
and
(b) after receiving the notice, makes a claim under section 319 of
the MRCA (or continues with a claim already made under that section) in respect
of the aggravation or material contribution;
is not entitled to apply for an increase in the rate of the pension on the
ground that the veteran’s incapacity has increased because of that
aggravation or material contribution.
Note: Under section 12 of the CTPA, a veteran who has a
war-caused or defence-caused injury or disease that is aggravated or materially
contributed to by service after the MRCA commencement date can choose whether
the MRCA or the VEA will apply to the aggravated injury or
disease.
17 Subsection 38(1D)
Repeal the subsection, substitute:
(1D) Subsection (1B) does not apply to a person whose
partner:
(a) is a veteran to whom section 24 applies; or
(b) is receiving, or eligible to receive, a Special Rate Disability
Pension under Part 6 of Chapter 4 of the MRCA.
Note: A person is still eligible to receive a Special Rate
Disability Pension even if the amount of the pension is totally offset under
section 204 of the MRCA.
18 After paragraph 52(1)(m)
Insert:
(ma) if the person is provided with a motor vehicle under the Motor
Vehicle Compensation Scheme under section 212 of the MRCA—the value
of that motor vehicle;
19 Subsection 52Z(3A)
After “following payments”, insert “and
amounts”.
20 At the end of subsection
52Z(3A)
Add:
; (g) a payment of a weekly amount under section 68, 71 or 75 of the
MRCA (permanent impairment);
(h) a payment of a Special Rate Disability Pension under Part 6 of
Chapter 4 of the MRCA;
(i) if subsection 204(5) of the MRCA applies to a person—an amount
per fortnight worked out under section 5I of this Act;
(j) a payment of a weekly amount mentioned in subparagraph 234(1)(b)(ii)
of the MRCA (wholly dependent partner payment).
Note: Subsection 204(5) of the MRCA reduces a Special Rate
Disability Pension by reference to amounts of Commonwealth superannuation that
the person has received or is receiving.
21 Subsection 52Z(3A) (note)
Omit “payments referred to in paragraphs (a) to (e)”,
substitute “payments and amounts referred to in this
subsection”.
22 Paragraphs 70(1)(b), 70(5)(d) and
70(5A)(d)
Omit “has become incapacitated”, substitute “is
incapacitated”.
23 At the end of subsections 85(1) and
(2)
Add:
Note: A veteran might stop being eligible to be provided
with treatment under this Part for an injury or disease if the veteran is
entitled to treatment under the MRCA for the injury or disease (see
sections 85A and 85B of this Act).
24 Paragraph 85(4)(b)
Before “a veteran”, insert “before the MRCA commencement
date”.
25 After subsection 85(7)
Insert:
(7A) A veteran is eligible to be provided with treatment under this Part
for any injury or disease if:
(a) the veteran is receiving a service pension under Part III;
and
(b) an impairment suffered by the veteran from one or more service
injuries or diseases constitutes at least 30 impairment points (within the
meaning of the MRCA); and
(c) the treatment is provided after both paragraphs (a) and (b) begin
to apply to the veteran; and
(d) the veteran is not already being provided with treatment for any
injury or disease under Chapter 6 of the MRCA.
26 After section 85
Insert:
(1) This section applies if:
(a) a person is entitled to treatment for an aggravated injury or disease
(within the meaning of the MRCA) under section 279 or 280 of the MRCA;
and
(b) apart from this section, the person would also be eligible to be
provided with treatment for the original injury or disease under subsection
85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment
under this Act for any injury or disease would continue to be provided with that
treatment.
(2) The person is entitled to treatment only under section 279 or 280
of the MRCA, and not under subsection 85(1) or (2) of this Act, for the original
injury or disease during the period in which the person is provided with
treatment for the aggravated injury or disease.
(3) During this period, the treatment for the original injury or disease
is taken to be treatment to which a person is entitled under Part 3 of
Chapter 6 of the MRCA for the purposes of section 289 of that Act
(compensable treatment) but not for the purposes of
section 273 of that Act (compensation for those entitled to
treatment).
(1) This section applies if:
(a) a person is entitled to treatment for a service injury or disease
(within the meaning of the MRCA) under section 279 or 280 of the MRCA;
and
(b) apart from this section, the person would also be eligible to be
provided with treatment for a separate war-caused or defence-caused injury or
disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment
under this Act for any injury or disease would continue to be provided with that
treatment.
(2) The person is entitled to treatment only under section 279 or 280
of the MRCA, and not under subsection 85(1) or (2) of this Act, for the
war-caused or defence-caused injury or disease during the period in which the
person is provided with treatment for the service injury or disease.
(3) During this period, the treatment for the war-caused or defence-caused
injury or disease is taken to be treatment to which a person is entitled under
Part 3 of Chapter 6 of the MRCA for the purposes of section 289
of that Act (compensable treatment) but not for the purposes of
section 273 of that Act (compensation for those entitled to
treatment).
27 Paragraph 86(2)(c)
Repeal the paragraph, substitute:
(c) a deceased veteran was, before the MRCA commencement date, a prisoner
of war at a time when the veteran was on operational service;
28 After subsection 88A(1)
Insert:
(1A) However, the Commission may only make a determination under
subsection (1) in respect of veterans who render service before the MRCA
commencement date.
Note: The Military Rehabilitation and Compensation
Commission can arrange for treatment of a specified kind for veterans who render
service after the MRCA commencement date, or for dependants of such veterans
(see section 424 of the MRCA).
29 Subsection 91(6)
Omit “approved scheme,”, substitute “approved scheme or a
determination under paragraph 286(1)(c) of the MRCA,”.
30 Subsection 91(8)
Repeal the subsection, substitute:
(8) If the Pharmaceutical Benefits Remuneration Tribunal submits the
recommendations and a copy of the report to the Minister:
(a) the Commission may prepare an instrument under subsection (2)
varying the approved scheme; or
(b) the Military Rehabilitation and Compensation Commission may vary the
determination under paragraph 286(1)(c) of the MRCA;
in any manner the relevant Commission considers desirable as a result of
its consideration of the recommendations and the report.
31 Paragraph 98B(1)(d)
After “veteran had”, insert “, before the MRCA
commencement date,”.
32 Paragraph 99(2)(c)
After “veteran was”, insert “, before the MRCA
commencement date,”.
33 Subsection 99(3)
Repeal the subsection, substitute:
(3) A funeral benefit must not to be granted under paragraph (1)(e)
unless:
(a) if subparagraph (1)(e)(i) or (ii) applies—treatment is or
was provided in the institution; and
(b) in any case—the treatment is or was arranged:
(i) by the Commission under Part V of this Act; or
(ii) by the Military Rehabilitation and Compensation Commission under
Chapter 6 of the MRCA.
34 Subparagraph 99(4)(b)(iii)
After “the Commission”, insert “or the Military
Rehabilitation and Compensation Commission”.
35 After subsection 100(1)
Insert:
(1A) The Commission may grant a benefit towards the funeral expenses
incurred in respect of a person’s funeral if:
(a) either:
(i) the person was a wholly dependent partner of a deceased member;
or
(ii) the person was both an eligible young person, and a dependant of a
deceased member, immediately before the member’s death; and
(b) the person died in indigent circumstances; and
(c) section 12 of the MRCA applies in respect of the
member.
Note: Expressions used in this subsection have the same
meanings as they have in the MRCA (see subsection (4)).
36 At the end of
section 100
Add:
(4) Expressions used in subsection (1A) have the same meanings as
they have in the MRCA.
37 Subsection 106(2)
Repeal the subsection, substitute:
(2) The Commission must not grant assistance or benefits to a person under
subsection (1):
(a) in circumstances in which the person is eligible to be granted an
allowance or assistance under another provision of this Act; or
(b) to a veteran, or a dependant of a veteran or a deceased veteran, if
the veteran is only a veteran because of service rendered after the MRCA
commencement date.
Note: The Military Rehabilitation and Compensation
Commission can grant assistance or benefits to veterans who render service after
the MRCA commencement date, or to dependants of such veterans (see
section 424 of the MRCA).
38 Subsection 115B(1)
After “classes of veterans”, insert “who render service
before the MRCA commencement date”.
39 At the end of subsection
115B(1)
Add:
Note: A rehabilitation program that is being provided to a
veteran under the scheme might cease if the veteran is also provided with
rehabilitation under the MRCA (see section 18 of the
CTPA).
40 At the end of subsection
116A(1)
Add “However, the persons must be the children of veterans who render
service before the MRCA commencement date.”.
41 Paragraph 118R(a)
After “Social Security Act”, insert “or the
MRCA”.
42 After subparagraphs 118S(2)(d)(i) and
(4)(c)(i)
Insert:
(ia) the MRCA; or
43 Subsection 120(7)
Repeal the subsection, substitute:
(7) In this section:
hazardous service means service in the Defence Force, before
the MRCA commencement date, that is of a kind determined in writing by the
Minister administering section 1 of the Defence Act 1903 to be
hazardous service for the purposes of this section.
44 Saving determinations of hazardous
service
A determination in force under subsection 120(7) of the VEA immediately
before the commencement of item 43 of this Schedule continues in force
after that time despite the amendment made by that item.
45 After point SCH6-C4
Insert:
No rent assistance if person receiving a Special Rate Disability
Pension
SCH6-C4A No additional amount is to be added to a person’s maximum
basic rate under point SCH6-C3 if the person chooses to receive a Special Rate
Disability Pension under section 200 of the MRCA.
46 Paragraph SCH6-C7(c)
Omit “a disability pension”, substitute “either or both a
disability pension and permanent impairment compensation”.
47 At the end of point SCH6-C7
Add:
Note 1: For disability pension see
section 5Q.
Note 2: For permanent impairment compensation
see point SCH6-C16.
48 Point SCH6-C12
Omit “disability pension”, substitute “either or both a
disability pension and permanent impairment compensation”.
49 Point SCH6-C12 (note)
Omit “Note”, substitute “Note 1”.
50 At the end of point SCH6-C12
Add:
Note 2: For permanent impairment compensation
see point SCH6-C16.
51 Point SCH6-C13
After “disability pension” (first occurring), insert “and
permanent impairment compensation”.
Note: The heading to point SCH6-C13 is altered by inserting
“and permanent impairment compensation” after
“disability pension”.
52 Point SCH6-C13 (step 1 of the method
statement)
After “disability pension” (first occurring), insert “and
permanent impairment compensation”.
53 Point SCH6-C13 (step 1 of the method
statement)
Omit “disability pension income”, substitute
“disability income”.
54 Point SCH6-C13 (step 1 of the method statement,
after note 1)
Insert:
Note 1A: For permanent impairment compensation
see point SCH6-C16.
55 Point SCH6-C13 (step 1 of the method statement,
note 2)
After “disability pension”, insert “and permanent
impairment compensation”.
56 Point SCH6-C13 (step 3 of the method
statement)
Omit “disability pension income”, substitute “disability
income”.
57 Point SCH6-C13 (step 4 of the method
statement)
Omit “disability pension income”, substitute “disability
income”.
58 Point SCH6-C13 (step 5 of the method
statement)
Omit “disability pension income” (first and second occurring),
substitute “disability income”.
59 Point SCH6-C13 (step 5 of the method
statement)
Omit “disability pension income
excess”, substitute “disability income
excess”.
60 Point SCH6-C13 (step 6 of the method
statement)
Omit “disability pension income excess”, substitute
“disability income excess”.
61 Point SCH6-C14
Omit “disability pension” (first occurring), substitute
“either or both a disability pension and permanent impairment
compensation”.
Note: The heading to point SCH6-C14 is altered by adding at
the end “and permanent impairment
compensation”.
62 Point SCH6-C14
After “disability pension” (second occurring), insert
“and permanent impairment compensation”.
63 Point SCH6-C14
Omit “disability pension income”, substitute “disability
income”.
64 Point SCH6-C14 (note)
Omit “Note”, substitute “Note 1”.
65 At the end of point SCH6-C14
Add:
Note 2: For permanent impairment compensation
see point SCH6-C16.
66 At the end of Module C in
Schedule 6
Add:
SCH6-C16 In this Module:
permanent impairment compensation means:
(a) any payment of a weekly amount under section 68, 71 or 75 of the
MRCA (permanent impairment); and
(b) if the person was paid a lump sum under section 68, 71 or 75 of
the MRCA (permanent impairment)—any weekly amounts that the person would
have been paid if the person had not chosen the lump sum.
Part 2—Amendments
relating to income support supplement
67 Section 5 (index of
definitions)
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
wholly dependent partner |
5E(1) |
68 Subsection 5E(1) (definition of war
widow)
Repeal the definition, substitute:
war widow means a woman:
(a) who was the partner of, was legally married to, or was the wholly
dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of
Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the
MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at
a rate determined under or by reference to subsection 30(1); or
(ii) has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA,
or is receiving a weekly amount mentioned in that paragraph; or
(iii) is receiving a pension that is payable under the law of a foreign
country, and that is, in the opinion of the Commission, similar in character to
a pension referred to in subparagraph (i).
69 Subsection 5E(1) (definition of war
widower)
Repeal the definition, substitute:
war widower means a man:
(a) who was the partner of, was legally married to, or was the wholly
dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of
Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the
MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at
a rate determined under or by reference to subsection 30(1); or
(ii) has received a lump sum mentioned in paragraph 234(1)(b) of the MRCA,
or is receiving a weekly amount mentioned in that paragraph; or
(iii) is receiving a pension that is payable under the law of a foreign
country, and that is, in the opinion of the Commission, similar in character to
a pension referred to in subparagraph (i).
70 Subsection 5E(1)
Insert:
wholly dependent partner has the meaning given by the
MRCA.
71 Subsection 5H(1) (after paragraph (c) of the
definition of adjusted income)
Insert:
(ca) if the person was paid a lump sum mentioned in subparagraph
234(1)(b)(i) of the MRCA (wholly dependent partner payment)—any weekly
amounts that the person would have been paid if the person had chosen the weekly
amount mentioned in subparagraph 234(1)(b)(ii) of that Act; and
(cb) any payment of a weekly amount mentioned in subparagraph
234(1)(b)(ii) of the MRCA (wholly dependent partner payment); and
(cc) if the person was paid a lump sum under section 68, 71 or 75 of
the MRCA (permanent impairment)—any weekly amounts that the person would
have been paid if the person had not chosen the lump sum; and
(cd) any payment of a weekly amount under section 68, 71 or 75 of the
MRCA (permanent impairment); and
(ce) any payment of a Special Rate Disability Pension under Part 6 of
Chapter 4 of the MRCA; and
72 Subsection 5Q(1) (definition of War widow/war
widower—pensioner)
Repeal the definition, substitute:
war widow/war widower—pensioner means:
(a) a person who is receiving a pension under Part II or IV of this
Act at a rate determined under or by reference to subsection 30(1); or
(b) a person who has received a lump sum mentioned in paragraph 234(1)(b)
of the MRCA, or who is receiving a weekly amount mentioned in that
paragraph.
73 Paragraph 45B(1)(c)
Omit “or a social security benefit”, substitute “, a
social security benefit or another income support supplement”.
74 After subsection 45D(1)
Insert:
(1A) Income support supplement is not payable to a person if the person is
already receiving an income support supplement.
75 At the end of subsection
45N(1)
Add:
; and (d) a war widower or war widow who, immediately before receiving a
lump sum mentioned in paragraph 234(1)(b) of the MRCA, or a weekly amount
mentioned in that paragraph, was receiving a partner service pension.
76 Paragraph 45R(2)(a)
Repeal the paragraph, substitute:
(a) any of the following applies:
(i) a pension is payable to a person under Part II or IV at a rate
determined under or by reference to subsection 30(1) from a particular day (the
benefit day); or
(ii) a lump sum mentioned in subparagraph 234(1)(b)(i) of the MRCA is
payable to a person, in respect of the death of a deceased member on a
particular day (the benefit day); or
(iii) a weekly amount mentioned in subparagraph 234(1)(b)(ii) of the MRCA
is payable to a person from a particular day (the benefit day);
and
77 Paragraphs 45R(2)(b) and (c)
Omit “pension receipt day”, substitute “benefit
day”.
78 Paragraph 45R(2)(d)
Omit “pension receipt day” (wherever occurring), substitute
“benefit day”.
79 Subsection 45R(2)
Omit “pension receipt day” (last occurring), substitute
“benefit day”.
80 At the end of paragraph
45TB(3)(a)
Add:
(iii) if, after reaching the qualifying age, the person became entitled to
be paid a lump sum or a weekly amount mentioned in paragraph 234(1)(b) of the
MRCA—the date of the death of the member in respect of whom the lump sum
or weekly amount was payable;
81 At the end of
section 45TB
Add:
2 or more special dates of eligibility
(5) For the purposes of this section, if a person would otherwise have 2
or more special dates of eligibility for a designated pension, only the first
date is to be counted.
82 Subsection 53M(5)
After “paragraph (c)”, insert “, (ca) or
(cb)”.
Part 3—Amendments
relating to the Statements of Principles
83 At the end of subsection
196B(1)
Add “The main function of the Authority is to determine Statements of
Principles for the purposes of this Act and the MRCA.”.
84 After paragraph 196B(2)(c)
Insert:
or (ca) warlike or non-warlike service rendered by members;
85 Subsection 196B(2) (note 2)
Omit “see subsection 5Q(1A)”, substitute “referred to in
paragraphs (2)(b) and (c), see subsection 5Q(1A)”.
86 Subsection 196B(2) (after note
2)
Insert:
Note 2A: For warlike service,
non-warlike service and members referred to
in paragraph (2)(ca), see section 196KA. (These definitions are for
the purposes of the MRCA.)
87 After paragraph 196B(3)(b)
Insert:
or (ba) peacetime service rendered by members;
88 Subsection 196B(3) (note 2)
Omit “see subsection 5Q(1A)”, substitute “referred to in
paragraph (3)(b), see subsection 5Q(1A)”.
89 Subsection 196B(3) (after note
2)
Insert:
Note 2A: For peacetime service and
members referred to in paragraph (3)(ba), see
section 196KA. (These definitions are for the purposes of the
MRCA.)
90 After subsection 196B(3)
Insert:
(3A) The Authority may determine a Statement of Principles under
subsection (2) or (3) for the purposes of this Act, the MRCA, or both
Acts.
91 Paragraph 196B(4)(b)
After “this Act”, insert “, or the
MRCA,”.
92 Paragraph 196B(4)(c)
After “suffered”, insert “or sustained”.
93 Paragraph 196B(4)(d)
Repeal the paragraph, substitute:
(d) the extent (if any) to which:
(i) the injury, disease or death may be war-caused or defence-caused;
or
(ii) the injury, disease or death may be a service injury, a service
disease or a service death.
94 At the end of subsection
196B(4)
Add:
Note 3: For service injury, service
disease and service death see section 196KA. (These
definitions are for the purposes of the MRCA.)
95 Paragraph 196B(7)(d)
After “suffered”, insert “or sustained”.
96 Paragraph 196B(7)(e)
Repeal the paragraph, substitute:
(e) the extent (if any) to which:
(i) the injury, disease or death may be war-caused or defence-caused;
or
(ii) the injury, disease or death may be a service injury, a service
disease or a service death.
97 At the end of subsection
196B(7)
Add:
Note 1: For war-caused see sections 8 and
9.
Note 2: For defence-caused see
section 69.
Note 3: For service injury, service
disease and service death see section 196KA. (These
definitions are for the purposes of the MRCA.)
98 Subsection 196B(11) (note)
Omit “Note”, substitute “Note 1”.
99 At the end of subsection
196B(11)
Add:
Note 2: The Statement of Principles may be determined for
the purposes of this Act, the MRCA, or both Acts, in accordance with the
directions of the Council (see subsection 196W(4A)).
100 Subsection 196B(12) (note)
Omit “Note”, substitute “Note 1”.
101 At the end of subsection
196B(12)
Add:
Note 2: The Statement of Principles may be determined for
the purposes of this Act, the MRCA, or both Acts, in accordance with the
directions of the Council (see subsection 196W(4A)).
102 After paragraph 196E(1)(a)
Insert:
(aa) the Military Rehabilitation and Compensation Commission;
103 At the end of paragraph
196E(1)(b)
Add “of this Act”.
104 After paragraph 196E(1)(b)
Insert:
(ba) a person eligible to make a claim for compensation under
section 319 of the MRCA;
105 Paragraph 196E(1)(c)
After “members of Peacekeeping Forces”, insert “, or
members within the meaning of the MRCA,”.
106 Subsection 196F(1)
Omit “any person referred to in paragraph 196E(1)(a) or (b) or
organisation referred to in paragraph 196E(1)(c)”, substitute “any
person or organisation referred to in any of paragraphs 196E(1)(a) to
(c)”.
107 Subsection 196F(3)
After “the Commission” (first occurring), insert “, the
Military Rehabilitation and Compensation Commission”.
108 Subsection 196F(3)
Omit “the Commission” (second occurring), substitute “the
relevant Commission”.
109 Subsection 196I(1)
Omit “a person referred to in paragraph 196E(1)(a) or (b), or an
organisation referred to in paragraph 196E(1)(c),”, substitute “any
person or organisation referred to in any of paragraphs 196E(1)(a) to
(c)”.
110 Subsection 196J(1)
After “the Commission”, insert “or the Military
Rehabilitation and Compensation Commission (as the case
requires)”.
111 At the end of Division 1 of
Part XIA
Add:
In this Division:
(a) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e),
service death has the same meaning as in the MRCA; and
(b) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e),
service disease has the same meaning as in the MRCA; and
(c) for the purposes of paragraphs 196B(4)(d) and 196B(7)(e),
service injury has the same meaning as in the MRCA; and
(d) for the purposes of paragraphs 196B(2)(ca) and 196B(3)(ba),
members has the same meaning as in the MRCA; and
(e) for the purposes of paragraph 196B(3)(ba), peacetime
service has the same meaning as in the MRCA; and
(f) for the purposes of paragraph 196B(2)(ca), non-warlike
service does not have the meaning given by this Act but instead has the
same meaning as in the MRCA; and
(g) for the purposes of paragraph 196B(2)(ca), warlike
service does not have the meaning given by this Act but instead has the
same meaning as in the MRCA.
112 After subsection 196W(4)
Insert:
(4A) The Council may give directions under subsection (4) for the
purposes of this Act, the MRCA, or both Acts.
113 Paragraph 196X(2)(b)
After “the Commission”, insert “, or the Military
Rehabilitation and Compensation Commission,”.
114 After paragraph 196Y(1)(a)
Insert:
(aa) the Military Rehabilitation and Compensation Commission;
115 At the end of paragraph
196Y(1)(b)
Add “of this Act”.
116 After paragraph 196Y(1)(b)
Insert:
(ba) a person eligible to make a claim for compensation under
section 319 of the MRCA;
117 Paragraph 196Y(1)(c)
After “members of Peacekeeping Forces”, insert “, or
members within the meaning of the MRCA,”.
118 Subsection 196ZA(1)
Omit “any person referred to in paragraph 196Y(1)(a) or (b), or an
organisation referred to in paragraph 196Y(1)(c),”, substitute “any
person or organisation referred to in any of paragraphs 196Y(1)(a) to
(c)”.
119 Subsection 196ZA(3)
After “the Commission” (first occurring), insert “, the
Military Rehabilitation and Compensation Commission”.
120 Subsection 196ZA(3)
Omit “the Commission” (second occurring), substitute “the
relevant Commission”.
121 Subsection 196ZA(4)
After “the Commission” (first occurring), insert “, the
Military Rehabilitation and Compensation Commission”.
122 Subsection 196ZA(4)
Omit “the Commission” (second occurring), substitute “the
relevant Commission”.
123 Subsection 196ZD(1)
Omit “a person referred to in paragraph 196Y(1)(a) or (b), or an
organisation referred to in paragraph 196Y(1)(c),”, substitute “any
person or organisation referred to in any of paragraphs 196Y(1)(a) to
(c)”.
Part 4—Amendments
relating to offsetting permanent impairment payments under the
SRCA
124 Subsection 23(4)
Omit “subsection (5)”, substitute
“subsections (5) and (6)”.
125 Subsection 23(5)
Omit “If”, substitute “Subject to subsection (6),
if”.
126 Subsection 23(5)
Omit “amount specified”, substitute “rate per fortnight
specified”.
127 At the end of
section 23
Add:
(6) If section 25A applies to a veteran, the rate at which pension is
payable to the veteran is the rate per fortnight specified in
subsection (4) or (5) of this section, reduced in accordance with
section 25A.
128 Subsection 24(4)
Omit “subsection (5)”, substitute
“subsections (5) and (6)”.
129 Subsection 24(5)
Omit “If”, substitute “Subject to subsection (6),
if”.
130 Subsection 24(5)
Omit “amount specified”, substitute “rate per fortnight
specified”.
131 At the end of
section 24
Add:
(6) If section 25A applies to a veteran, the rate at which pension is
payable to the veteran is the rate per fortnight specified in
subsection (4) or (5) of this section, reduced in accordance with
section 25A.
132 Subsection 24A(1)
Omit “subsection (2)”, substitute
“subsections (1A) and (2)”.
133 After subsection 24A(1)
Insert:
(1A) However, subsection (1) does not prevent a rate applicable under
subsection 24(4) or (5) from being reduced to give effect to subsection
24(6).
134 Subsection 25(2)
Omit “subsections 24(4) and (5)”, substitute “subsection
24(4), (5) or (6)”.
135 After section 25
Insert:
(1) This section applies to a veteran:
(a) to whom section 23, 24 or 25 applies; or
(b) who is granted a temporary incapacity allowance under section 107
or a loss of earnings allowance under section 108;
for a war-caused injury or a war-caused disease if the veteran has received
an amount of compensation, whether before or after the commencement of this
section, under section 24, 25 or 27 of the Safety, Rehabilitation and
Compensation Act 1988 for some other injury or disease.
(2) That amount of compensation is to be converted to a fortnightly amount
in accordance with advice from the Australian Government Actuary.
(3) The rate at which:
(a) a pension is payable to the person under section 23, 24 or 25;
or
(b) a temporary incapacity allowance under section 107 or a loss of
earnings allowance under section 108 is payable to the person;
apart from this section, is reduced, but not below zero, by the fortnightly
amount worked out under subsection (2) of this section.
136 Subsection 27(3)
Repeal the subsection, substitute:
(3) If the rate calculated in accordance with subsection (2) in
respect of the pension payable to a veteran exceeds:
(a) if section 25A applies to the veteran—the rate specified in
subsection 24(6); or
(b) otherwise—the rate specified in subsection 24(4);
the rate must be reduced by the amount of the excess.
137 Paragraph 30P(1)(b)
Before “30C”, insert “25A,”.
138 Paragraph 79(1)(b)
Before “74”, insert “25A or”.
139 Paragraphs 86(2)(a) and (b)
After “24(4)”, insert “or (6)”.
140 At the end of
section 107
Add:
Note: If section 25A applies to a veteran, the rate at
which temporary incapacity allowance is payable to the veteran is reduced in
accordance with that section.
141 At the end of
section 108
Add:
Note: If section 25A applies to a veteran, the rate at
which loss of earnings allowance is payable to the veteran is reduced in
accordance with that section.
142 Application of amendments
The amendments made by this Part apply to claims under section 14, or
applications under section 15, of the Veterans’ Entitlements Act
1986 made after the commencement of section 3 of the Military
Rehabilitation and Compensation Act 2003.
Part 1—Main
amendments relating to transitional and application issues
1 Subsection 4(1)
Insert:
CTPA means the Military Rehabilitation and Compensation
(Consequential and Transitional Provisions) Act 2003.
2 Subsection 4(1)
Insert:
MRCA means the Military Rehabilitation and Compensation
Act 2003.
3 Subsection 4(1)
Insert:
MRCA commencement date means the date on which section 3
of the MRCA commences.
4 At the end of subsection 4(3)
Add:
Note: However, members of the Defence Force with service
after the MRCA commencement date might be taken not to have suffered a physical
or mental injury or ailment (see section 4AA and subsection
6A(2A)).
5 After section 4
Insert:
(1) An employee is taken not to have suffered an injury if:
(a) the employee is a member (within the meaning of the MRCA);
and
(b) the injury is first suffered on or after the MRCA commencement date;
and
(c) the injury arises out of, or in the course of, the employee’s
employment as a member; and
(d) the employment occurs either:
(i) on or after the MRCA commencement date; or
(ii) before, and on or after, the MRCA commencement date.
Note: After the MRCA commencement date, compensation for
members of the Defence Force is provided under the MRCA (instead of this Act)
for such an injury.
(2) An employee is taken not to have suffered an injury, being a disease,
if:
(a) the employee is a member (within the meaning of the MRCA);
and
(b) the disease is contracted on or after the MRCA commencement date;
and
(c) the disease is contributed to in a material degree by the
employee’s employment as a member; and
(d) the employment occurs either:
(i) on or after the MRCA commencement date; or
(ii) before, and on or after, the MRCA commencement date.
Note: After the MRCA commencement date, compensation for
members of the Defence Force is provided under the MRCA (instead of this Act)
for such a disease.
(3) To avoid doubt, employment occurs, before, and on or after, the MRCA
commencement date whether the employment spans the commencement date or occurs
during separate periods before and after that date.
(4) Subsection 7(4) does not apply in determining the day on which a
disease is contracted, or aggravated or materially contributed to, for the
purposes of paragraph (2)(b).
6 At the end of subsection 5(2)
Add:
Note: However, members of the Defence Force with service
after the MRCA commencement date might only be entitled to compensation under
the MRCA and not this Act (see section 4AA and subsection
6A(2A)).
7 Subparagraph 5(6A)(a)(i)
After “Defence Force”, insert “before the MRCA
commencement date”.
8 Subparagraph 5(6A)(a)(ii)
After “are”, insert “, before the MRCA commencement
date,”.
9 Subparagraph 5(6A)(a)(iii)
After “training”, insert “, before the MRCA commencement
date,”.
10 At the end of subsection
5(6A)
Add:
Note: Declarations in respect of these kinds of people can
be made under the MRCA for service after the commencement date for that Act (see
section 8 of the MRCA).
11 At the end of subsection
5(10)
Add:
Note: Compensation and other benefits might also be
available for a member of the Defence Force under the MRCA. Generally, an
injury, disease or death that is covered by that Act would not be covered by
this Act (see section 4AA and subsection 6A(2A) of this
Act).
12 After subsection 6A(2)
Insert:
(2A) However, subsection (2) does not apply if:
(a) the employee is a member (within the meaning of the MRCA);
and
(b) the injury is first suffered on or after the MRCA commencement date;
and
(c) the injury is suffered as an unintended consequence of medical
treatment paid for by the Commonwealth; and
(d) the treatment is provided either:
(i) on or after the MRCA commencement date; or
(ii) before, and on or after, the MRCA commencement date (whether the
treatment spans the commencement date or is provided during separate periods
before and after that date).
Note: After the MRCA commencement date, compensation for
members of the Defence Force is provided under the MRCA (instead of this Act)
for such an injury.
13 At the end of subsection
15(1)
Add:
Note: However, members of the Defence Force with service
after the MRCA commencement date might only be entitled to compensation under
the MRCA and not this Act (see section 15A).
14 After section 15
Insert:
Loss of or damage to property used by an employee is taken not to have
resulted from an accident arising out of, and in the course of, the
employee’s employment by the Commonwealth if:
(a) the employee is a member (as defined in the MRCA); and
(b) the loss or damage occurs on or after the MRCA commencement date;
and
(c) the loss or damage results from an accident arising out of, and in the
course of, the employee’s employment as a member.
Note: After the MRCA commencement date, compensation for
members of the Defence Force is provided under the MRCA (instead of this Act)
for such a loss or damage.
15 At the end of subsection
37(1)
Add:
Note: A rehabilitation program that is being provided to a
person under this section might cease if the person is also provided with
rehabilitation under the MRCA (see section 18 of the
CTPA).
Part 2—Defence-related
injuries and deaths etc.
16 After Part X
Insert:
This Part confers on the Military Rehabilitation and Compensation
Commission the functions:
(a) of determining and managing claims under this Act that relate to
defence service that occurred before the MRCA commencement date; and
(b) of managing the provision of compensation and rehabilitation provided
as a result of the making of claims of that kind.
This Part also modifies the operation of this Act in relation to the
Safety, Rehabilitation and Compensation Commission and in relation to the
liabilities of Comcare and the Commonwealth for members of the Defence
Force.
In this Part:
Defence Department has the meaning given by the
MRCA.
Defence Force has the meaning given by the MRCA.
defence-related claim means a claim under this Act made
before or after the MRCA commencement date (including a claim made but not
determined before that date) in respect of an injury, loss, damage or
death:
(a) to which the MRCA does not apply; and
(b) that relates to defence service that occurred before the MRCA
commencement date.
Note 1: For injuries, diseases and deaths to which the MRCA
applies, see Parts 2 and 3 of the Military Rehabilitation and
Compensation (Consequential and Transitional Provisions) Act
2003.
Note 2: Rehabilitation may be provided following a
defence-related claim in respect of an injury.
defence service has the meaning given by the MRCA.
MRCC means the Military Rehabilitation and Compensation
Commission established by section 361 of the MRCA.
service chief has the meaning given by the MRCA.
Veterans’ Affairs Department means the Department of
State that deals with veterans’ affairs and that is administered by the
Veterans’ Affairs Minister.
Veterans’ Affairs Minister has the meaning given by the
MRCA.
(1) The functions of the MRCC include:
(a) determining defence-related claims under this Act accurately and
quickly; and
(b) arranging the payment of compensation, and the provision of
rehabilitation, as a result of the making of defence-related claims;
and
(c) maintaining contact with the Safety, Rehabilitation and Compensation
Commission and with Comcare to ensure that, as far as practicable, there is
equity of outcomes resulting from administrative practices and procedures used
by Comcare and the MRCC in the performance of their respective functions;
and
(d) doing anything the doing of which:
(i) is incidental to the performance of the function referred to in
paragraph (a) or (b); and
(ii) would be required of Comcare if Comcare had responsibility for the
performance of that function.
(2) In performing the function referred to in paragraph (1)(a), the
MRCC:
(a) is to be guided by equity, good conscience and the substantial merits
of the case, without regard to technicalities; and
(b) is not required to conduct a hearing; and
(c) is not bound by the rules of evidence.
(3) The performance by the MRCC of the functions referred to in
subsection (1) is subject to the condition that the MRCC will not cause or
permit to be made on its behalf to a court or tribunal a submission that Comcare
or the Commission has requested not be made.
(4) The MRCC has power to do all things necessary or convenient to be done
for, or in connection with, the performance of functions conferred by
subsection (1).
(5) Paragraph 89B(a) has effect as if there were included in that
paragraph a reference to the administrative practices and procedures used by the
MRCC in the performance of its functions under this Part.
(1) The MRCC must give a copy of a defence-related claim made by or in
respect of an employee to the employee’s service chief if the employee was
a member of the Defence Force at the time when the relevant injury or accident
occurred or the relevant disease was contracted.
(2) Comcare must give a copy of each defence-related claim made before the
MRCA commencement date but not determined before that date, and a copy of any
other document it has that is relevant to that claim, to the MRCC.
(3) Comcare must also give to the MRCC a copy of each notice given to
Comcare under section 53 before the MRCA commencement date if the notice
relates to an injury, loss or damage for which a defence-related claim might be
made.
(4) Subsection 54(4) does not apply to:
(a) a defence-related claim made on or after the MRCA commencement date;
or
(b) a defence-related claim made before the MRCA commencement date but not
determined before that date.
(1) For a defence-related claim made before the MRCA commencement
date:
(a) a determination made by Comcare that is in force immediately before
that date is taken, after that date, to have been a determination made by the
MRCC in relation to that claim; and
(b) any other thing done by Comcare that is in force immediately before
the MRCA commencement date is taken, after that date, to have been done by the
MRCC in relation to that claim.
(2) For any defence-related claim:
(a) a notice or claim given or made under Part V after the MRCA
commencement date is to be given or made to the MRCC; and
(b) a notice or claim given or made under Part V to Comcare and in
force immediately before the MRCA commencement date continues in force, after
that date, as if it had been given or made to the MRCC.
(3) If, for a defence-related claim:
(a) any proceedings (including proceedings under Part VI) to which
Comcare is a party are brought in relation to a determination made, or thing
done, by Comcare before the MRCA commencement date; and
(b) those proceedings have not been concluded before that date;
those proceedings may be continued on or after that date. For the purpose
of the proceedings as so continued, the MRCC replaces Comcare as a party to the
proceedings.
(4) If, on or after the MRCA commencement date:
(a) a determination made or other thing done by Comcare is treated under
subsection (1) as having been made or done by the MRCC; or
(b) a notice or claim given or made under Part V to Comcare is
treated under subsection (2) as if it had been given or made to the MRCC;
or
(c) proceedings (including proceedings under Part VI) to which
Comcare is a party are treated under subsection (3) as proceedings to which
the MRCC is a party;
Comcare must inform the MRCC, as soon as practicable, of that determination
made or other thing done, of that notice or claim, or of those
proceedings.
(5) If, under subsection (3), the MRCC replaces Comcare as a party to
proceedings, the court or tribunal before which the proceedings have been
brought must, on application by Comcare, join Comcare as a party to the
proceedings.
(6) Any proceedings (including proceedings under Part VI) that may be
brought:
(a) in relation to a determination made, or taken to have been made, by
the MRCC in managing such a claim; or
(b) in relation to any thing done, or taken to have been done, by the MRCC
in managing such a claim;
must be brought against the MRCC.
(7) If proceedings are brought against the MRCC in accordance with
subsection (6):
(a) the MRCC must inform Comcare as soon as practicable that the
proceedings have been brought; and
(b) the court or tribunal before which the proceedings have been brought
must, on application by Comcare, join Comcare as a party to the
proceedings.
(8) An application by Comcare under subsection (5) or (7):
(a) may be made by filing a notice in the registry of the court or
tribunal concerned; and
(b) must be notified to the other parties to the proceeding by serving on
them a copy of the notice so filed.
(9) A decision in proceedings referred to in subsection (3) or (6) is
binding on the MRCC and on Comcare, whether or not Comcare is joined as a party
to the proceedings.
(10) For proceedings referred to in this section:
(a) in which the MRCC replaces Comcare as a party; or
(b) brought against the MRCC;
the Commonwealth is liable to pay any amounts for which the MRCC would
otherwise be liable.
(1) This Act applies in relation to an employee by whom or in respect of
whom a defence-related claim has been made, and in relation to dependants of the
employee, as if the MRCC were the relevant authority in relation to the employee
for that claim.
(2) However, for defence-related claims, this Act has effect as if
references in this Act to a relevant authority, in relation to liability to pay
an amount, in relation to a debt being due or in relation to the receipt of an
amount, were references to the Commonwealth.
(1) This Act applies to the employee in relation to a defence-related
claim as if the rehabilitation authority in relation to the employee were the
rehabilitation authority applicable under subsection 39(3) of the
MRCA.
(2) Section 40 of the MRCA (rules where rehabilitation authority
changes) applies for the purposes of the application of this Act to the employee
in relation to a defence-related claim.
(3) The duty under section 40 to take steps to provide suitable
employment, or to assist in finding suitable employment, for a person who is
undertaking, or has completed, a rehabilitation program must be performed by the
person’s rehabilitation authority rather than the Commonwealth.
(1) For the purposes of applying this Act to defence-related claims and
matters arising out of those claims:
(a) Part II applies as if references in that Part to Comcare (except
references in section 28 and references covered by paragraph (b)) were
references to the MRCC; and
(b) this Act applies as if references in this Act to Comcare, in relation
to liability to pay an amount, in relation to a debt being due or in relation to
the receipt of an amount, were references to the Commonwealth; and
(c) this Act applies as if another reference in this Act to Comcare (other
than in Division 2 of Part III, section 41 or Part VI, VII
or VIII) were, unless the contrary intention appears, a reference to the
MRCC.
(2) In addition, this Act applies to defence-related claims and matters
arising out of those claims with the modifications specified in this
table:
|
Modifications of this Act |
||
|---|---|---|
|
Item |
Provision |
Modification |
|
1 |
Paragraph 48(8)(a) |
The paragraph does not apply |
|
2 |
Section 52A |
The section does not apply |
|
3 |
Subsection 111(2) |
The reference to a relevant authority has effect as a reference to the
Commonwealth |
|
4 |
Subsections 111(2A), (3) and (4) |
The subsections do not apply |
|
5 |
Sections 112 and 113 |
References to a relevant authority have effect as references to the
Commonwealth |
|
6 |
Paragraph 114B(1)(c) |
The paragraph applies as if it read: (c) the MRCC is of the opinion that the retired employee may have been
paid, or might be paid, amounts of compensation under this Act in excess of the
amounts that he or she was entitled to receive because of section 20, 21 or
21A; |
|
7 |
Paragraph 114B(2)(a) |
The paragraph applies as if it read: (a) stating that the retired employee may receive, or may have received, an
overpayment of compensation; and |
|
8 |
Section 121A |
The section does not apply |
(1) Despite section 37, the MRCC or a service chief as the
rehabilitation authority for an employee in relation to a defence-related claim
may make arrangements for the provision of a rehabilitation program for the
employee by:
(a) an approved program provider; or
(b) a person nominated in writing by the MRCC or the service chief, being
a person the MRCC or service chief is satisfied has appropriate skills and
expertise to design and provide rehabilitation programs.
(2) Before nominating a person under paragraph (1)(b), the MRCC or
service chief must consult with Comcare about the proposed nomination.
(1) The Minister may, by notice in writing given to the Chair of the MRCC,
give a direction to the MRCC with respect to the performance of its functions or
the exercise of its powers under this Act, otherwise than in relation to a
particular case.
(2) The MRCC must comply with a direction given under
subsection (1).
(1) The Commission may prepare and issue to the Chair of the MRCC written
general policy guidelines in relation to the operation of this Part.
(2) The Commission must not issue guidelines that are inconsistent with
any directions under section 149 of this Act or section 12A of the
Occupational Health and Safety (Commonwealth Employment) Act
1991.
(3) Any guidelines that are inconsistent with a direction referred to in
subsection (2) have no effect to the extent of the inconsistency.
(4) The MRCC must comply with any guidelines issued and in force under
subsection (1).
(5) The guidelines, or variations or revocations of the guidelines, are
disallowable instruments for the purposes of section 46A of the Acts
Interpretation Act 1901.
(1) The MRCC may, by notice in writing, require:
(a) the Secretary of the Defence Department; or
(b) the Secretary of the Veterans’ Affairs Department; or
(c) a service chief;
to give the MRCC, within the period specified in the notice, the documents
or information (or both) specified in the notice, being documents or information
in the possession, custody or control of that person that are relevant to a
defence-related claim.
(2) A person to whom a notice is given must comply with the notice without
delay.
(1) The MRCC may, by resolution, delegate any of its functions or powers
under a provision of this Act to a person to whom it can, under section 384
of the MRCA, delegate functions or powers under that Act.
(2) A service chief may, in writing, delegate any of his or her functions
or powers under a provision of this Act to a person to whom the service chief
can, under section 438 of the MRCA, delegate functions or powers under that
Act.
(1) The MRCC may establish trust funds for the purposes of
section 110.
(2) Comcare must pay to the credit of a trust fund established under
subsection (1) any money that it holds for the benefit of a person referred
to in section 110 as a result of a defence-related claim.
(1) Subsection (2) applies to a settlement that:
(a) under subsection 127(1), is taken to be a determination made by the
relevant authority under this Act; and
(b) is in force immediately before the MRCA commencement date;
and
(c) concerns an injury that relates to defence service.
(2) On and after the MRCA commencement date, the settlement is taken to be
a determination made by the MRCC under this Act in respect of the corresponding
liability of the Commonwealth to pay compensation or make a similar payment
under this Part in respect of that injury, but Part VI does not apply in
relation to that settlement.
(3) Subsection (4) applies to a determination made or action taken
that:
(a) under subsection 127(2), is taken to be a determination made by the
relevant authority under this Act; and
(b) is in force immediately before the MRCA commencement date;
and
(c) concerns compensation or a payment that relates to defence
service.
(4) On and after the MRCA commencement date, the determination or action
is taken to be a determination made or action taken by the MRCC under this Act
in respect of the corresponding liability of the Commonwealth to pay
compensation or make a similar payment under this Part.
(5) If a determination or action referred to in subsection (3) is, or
has been, varied by a court or a tribunal, subsection (4) has effect in
relation to that determination or action as so varied.
(1) The MRCC is a party to proceedings instituted under Part VI in
relation to a determination affecting a defence-related claim.
(2) For the purposes of subsection 60(2), the MRCC is the body responsible
for a reviewable decision in relation to a defence-related claim.
(3) The MRCC is a responsible authority for the purposes of
section 67 in relation to a determination affecting a claim of a kind
referred to in subsection (1) of this section. However, any costs for which
the MRCC would be responsible under that section are to be paid by the
Commonwealth.
Neither Comcare nor the Commission has any liability under this Act in
respect of an injury, loss, damage or death that relates to defence service
(whenever it occurred).
(1) Sections 97, 97A, 97B, 97C and 97D do not apply to the Defence
Department in relation to defence service on or after the MRCA commencement
date.
(2) Any payment made by the Defence Department under, or purportedly
under, section 97H for a determination under section 97 or 97D in
respect of defence service before the MRCA commencement date is taken to have
been validly made.
(3) Any payment made by the Defence Department under, or purportedly
under, section 67H of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 in respect of defence service before the MRCA
commencement date is taken to have been validly made.
(1) Comcare must make a determination of the regulatory contribution to be
paid by the Defence Department for the financial year in which the MRCA
commencement date occurs and later financial years in relation to employees
engaged in defence service.
(2) The amount of the regulatory contribution to be paid for a particular
financial year under subsection (1) is the sum of:
(a) that part of the estimated cost incurred by the Commission and Comcare
in carrying out their respective functions under this Act that Comcare
determines, in accordance with guidelines under section 97E, to be
referable to the Defence Department in relation to defence service;
and
(b) that part of the estimated cost incurred by the Commission and Comcare
in carrying out their respective functions under the Occupational Health and
Safety (Commonwealth Employment) Act 1991 that Comcare determines, in
accordance with those guidelines, to be referable to the Defence Department in
relation to defence service.
Sections 97E to 97P apply to the Defence Department in relation to
employees engaged in defence service, but only so far as they relate to
determinations under section 158.
The Consolidated Revenue Fund is appropriated for the purposes of paying
compensation and other amounts payable in relation to defence service under this
Act.
(1) As soon as possible after each 30 June, the Chair of the MRCC
must give the Minister, for presentation to the Parliament, a report of the
MRCC’s activities under this Act during the financial year that ended on
that day.
(2) A report under subsection (1) must include particulars
of:
(a) any directions given by the Minister under section 149;
and
(b) any guidelines issued by the Commission under
section 150;
during the financial year to which the report relates.
1 Paragraph 44-25(a)
Repeal the paragraph, substitute:
(a) either:
(i) a person is receiving a pension under Part II or IV of the
Veterans’ Entitlements Act 1986 at a rate determined under or by
reference to subsection 30(1) of that Act; or
(ii) a person is receiving a weekly amount mentioned in paragraph
234(1)(b) of the Military Rehabilitation and Compensation Act 2003, or
would be receiving such a weekly amount if the person had not chosen to receive
a lump sum under that paragraph; and
2 Paragraph 44-25(b)
After “pension”, insert “or weekly
amount”.
3 Paragraph 44-25(c)
After “pension” (wherever occurring), insert “or weekly
amount”.
4 Paragraph 86-3(i)
After “Veterans’ Entitlements Act 1986”, insert
“or Chapter 6 of the Military Rehabilitation and Compensation Act
2003”.
5 Paragraph 86-6(a)
Omit “or section 130 of the Veterans’ Entitlements Act
1986”, substitute “, section 130 of the Veterans’
Entitlements Act 1986 or section 409 of the Military Rehabilitation
and Compensation Act 2003”.
Note: The heading to section 86-6 is altered by
omitting “or Veterans’ Entitlements Act 1986”
and substituting “, Veterans’ Entitlements Act 1986
or Military Rehabilitation and Compensation Act
2003”.
6 Subsection 96-10(2)
Repeal the subsection, substitute:
(2) This section does not apply to any amount payable in respect
of:
(a) treatment (within the meaning of Part V of the Veterans’
Entitlements Act 1986) that the
*Repatriation Commission has arranged under
section 84 of that Act; or
(b) treatment (within the meaning of section 13 of the Military
Rehabilitation and Compensation Act 2003) that the
*Military Rehabilitation and Compensation
Commission has arranged under Division 4 of Part 3 of Chapter 6
of that Act.
Note: Under the Veterans’ Entitlements Act 1986
and the Military Rehabilitation and Compensation Act 2003, the
treatments that the *Repatriation Commission and the
*Military Rehabilitation and Compensation Commission can arrange
could include the provision of *aged care for which subsidy is
payable under Chapter 3 of this Act.
7 Clause 1 of
Schedule 1
Insert:
Military Rehabilitation and Compensation Commission means the
Military Rehabilitation and Compensation Commission established under
section 361 of the Military Rehabilitation and Compensation Act
2003.
A New Tax System (Family
Assistance) Act 1999
8 After paragraph 7(h) of
Schedule 3
Insert:
(ha) a Special Rate Disability Pension under Part 6 of Chapter 4
of the Military Rehabilitation and Compensation Act 2003;
(hb) a payment of compensation under section 68, 71 or 75 of the
Military Rehabilitation and Compensation Act 2003;
(hc) a payment of compensation mentioned in paragraph 234(1)(b) of
the Military Rehabilitation and Compensation Act 2003;
A New Tax System (Family
Assistance) (Administration) Act 1999
9 Paragraph 84(1)(b)
Omit “or the Veterans’ Entitlements Act 1986”,
substitute “, the Veterans’ Entitlements Act 1986 or the
Military Rehabilitation and Compensation Act 2003”.
10 Subparagraphs 84A(1)(b)(ii), 92(1)(a)(i) and
92A(1)(a)(i)
Omit “or the Veterans’ Entitlements Act 1986”,
substitute “, the Veterans’ Entitlements Act 1986 or the
Military Rehabilitation and Compensation Act 2003”.
A New Tax System (Medicare
Levy Surcharge—Fringe Benefits) Act 1999
11 Subsection 13(2) (note)
Omit “under the Veterans’ Entitlements Act 1986;”,
substitute “under the Veterans’ Entitlements Act 1986 or the
Military Rehabilitation and Compensation Act 2003;”.
12 Subsection 14(2) (note)
Omit “under the Veterans’ Entitlements Act 1986;”,
substitute “under the Veterans’ Entitlements Act 1986 or the
Military Rehabilitation and Compensation Act 2003;”.
Data-matching Program
(Assistance and Tax) Act 1990
13 Subsection 3(1) (after paragraph (d) of the
definition of personal assistance)
Insert:
(daa) any compensation or other benefit given under the Military
Rehabilitation and Compensation Act 2003;
14 Subsection 120B(16) (definition of
salary)
Omit “Commonwealth Employees’ Rehabilitation and
Compensation Act 1988”, substitute “Safety, Rehabilitation
and Compensation Act 1988 or the Military Rehabilitation and Compensation
Act 2003”.
Defence Force (Home Loans
Assistance) Act 1990
15 Section 3 (paragraph (a) of the
definition of compensable disability)
Omit “Commonwealth Employees’ Rehabilitation and
Compensation Act 1988”, substitute “Safety, Rehabilitation
and Compensation Act 1988”.
16 Section 3 (after paragraph (b) of the
definition of compensable disability)
Insert:
(ba) the Military Rehabilitation and Compensation Act 2003;
or
17 Subsection 24(4) (subparagraph (b)(i) of the
definition of prescribed member)
Omit “Commonwealth Employees’ Rehabilitation and
Compensation Act 1989”, substitute “Safety, Rehabilitation
and Compensation Act 1988”.
18 Subsection 24(4) (after subparagraph (b)(i)
of the definition of prescribed member)
Insert:
(ia) the Military Rehabilitation and Compensation Act 2003;
or
Defence Reserve Service
(Protection) Act 2001
19 Section 9
Repeal the section, substitute:
(1) In this Act:
dependant of a member who is or was rendering continuous full
time service as a result of an order under section 50D, 51A, 51B or 51C of
the Defence Act 1903 means:
(a) the member’s partner; or
(b) a person who was wholly or partly dependent on the member for
financial support immediately before the member’s call out day;
or
(c) a person who became, or becomes, wholly or partly dependent on the
member for financial support while the member was or is rendering such service;
or
(d) a person to whom:
(i) a pension is payable under the Veterans’ Entitlements Act
1986; or
(ii) compensation is payable under the Military Rehabilitation and
Compensation Act 2003;
because of the member’s incapacity or death; or
(e) if the member died while rendering such service—the widow or
widower of the member.
(2) In this section, the following expressions have the same meanings as
in the Veterans’ Entitlements Act 1986:
(a) widow;
(b) widower.
(3) In this section:
partner has the same meaning as in the Military
Rehabilitation and Compensation Act 2003.
Disability Discrimination
Act 1992
20 At the end of subsection
51(1)
Add:
; or (h) the Military Rehabilitation and Compensation Act 2003;
or
(i) the Military Rehabilitation and Compensation (Consequential and
Transitional Provisions) Act 2003; or
(j) the Safety, Rehabilitation and Compensation Act 1988 so far as
that Act applies to defence-related claims mentioned in Part XI of that
Act.
Farm Household Support Act
1992
21 After subsection 12(4)
Insert:
(4A) Farm household support, exceptional circumstances relief payment or
farm help income support is not payable to a person if the person is receiving a
weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation
and Compensation Act 2003, or has received a lump sum mentioned in that
paragraph.
Fringe Benefits Tax
(Application to the Commonwealth) Act 1986
22 After paragraph 6AA(c)
Insert:
or (d) a person who has received a lump sum under Part 2 of
Chapter 4 of the Military Rehabilitation and Compensation Act 2003
or who is receiving payments under that Part; or
(e) a person who is receiving a Special Rate Disability Pension under
Part 6 of Chapter 4 of the Military Rehabilitation and Compensation
Act 2003;
23 Section 6AB
After “Entitlements Act”, insert “or the Military
Rehabilitation and Compensation Act 2003,”.
Note: The heading to section 6AB is altered by adding
at the end “and the Military Rehabilitation and Compensation
Act”.
24 Subsection 3(1) (definition of prescribed
non-resident)
Before “a pension,” (first occurring), insert
“compensation or”.
25 Subsection 3(1) (after paragraph (b) of the
definition of prescribed non-resident)
Insert:
(ba) the Military Rehabilitation and Compensation Act 2003;
or
26 Subsection 3(1) (definition of prescribed
non-resident)
Before “a pension,” (second occurring), insert
“compensation or”.
27 Subsection 16(1) (definition of eligible
pensioner)
Before “a pension,” (first occurring), insert
“compensation or”.
28 Subsection 16(1) (after paragraph (b) of the
definition of eligible pensioner)
Insert:
(ba) the Military Rehabilitation and Compensation Act 2003;
or
29 Subsection 16(1) (definition of eligible
pensioner)
Before “a pension,” (second occurring), insert
“compensation or”.
30 Subsection 4(1) (paragraph (b) of the
definition of Repatriation nursing home patient)
Repeal the paragraph, substitute:
(b) under section 285 of the Military Rehabilitation and
Compensation Act 2003.
31 Subsection 84(1) (after paragraph (d) of the
definition of concessional beneficiary)
Insert:
(da) a person who is:
(i) an Australian resident within the meaning of the Health Insurance
Act 1973; and
(ii) entitled to treatment under section 284 of the
Military Rehabilitation and Compensation Act 2003; or
32 Paragraph 84C(4A)(a)
Repeal the paragraph, substitute:
(a) the repatriation pharmaceutical benefit is supplied:
(i) under the scheme established under section 91 of the
Veterans’ Entitlements Act 1986; or
(ii) in accordance with a determination under paragraph 286(1)(c) of the
Military Rehabilitation and Compensation Act 2003; and
Registration of Deaths
Abroad Act 1984
33 Subsection 3(1) (paragraph (d) of the
definition of prescribed person)
Omit “Repatriation Act 1920”, substitute
“Veterans’ Entitlements Act 1986”.
34 Subsection 3(1) (at the end of the definition of
prescribed person)
Add:
; or (e) is receiving weekly amounts of compensation under the Military
Rehabilitation and Compensation Act 2003.
35 Subsection 4(1) (after paragraph (c) of the
definition of armed services widow)
Insert:
or (d) a person who was a member within the meaning of the Military
Rehabilitation and Compensation Act for the purposes of that Act;
36 Subsection 4(1) (after paragraph (c) of the
definition of armed services widower)
Insert:
or (d) a person who was a member within the meaning of the Military
Rehabilitation and Compensation Act for the purposes of that Act;
37 Subsection 5(1) (after paragraph (e) of the
definition of prescribed educational scheme)
Insert:
(ea) the scheme to provide education and training under section 258
of the Military Rehabilitation and Compensation Act; or
38 At the end of subsection
8(8)
Add:
; (zo) a payment under section 217 or 266 of the Military
Rehabilitation and Compensation Act to reimburse costs incurred in respect of
the provision of goods or services (other than a payment to the person who
provided the goods or service);
(zp) if subsection 204(5) of the Military Rehabilitation and Compensation
Act applies to a person—an amount per fortnight, worked out under
subsection (12) of this section, that would, apart from this paragraph, be
income of the person;
Note: Subsection 204(5) of the Military Rehabilitation and
Compensation Act reduces a Special Rate Disability Pension by reference to
amounts of Commonwealth superannuation that the person has received or is
receiving.
(zq) a payment under the Motor Vehicle Compensation Scheme under
section 212 of the Military Rehabilitation and Compensation Act;
(zr) a payment under section 242 of the Military Rehabilitation and
Compensation Act (continuing permanent impairment and incapacity etc.
payments).
39 At the end of section 8
Add:
(12) For the purposes of paragraph 8(8)(zp), the amount per fortnight that
is not income for the purposes of this Act is:
where:
Special Rate Disability Pension reduction amount means the
amount by which the Special Rate Disability Pension (as reduced under subsection
204(3)) is reduced under subsection 204(6) of the Military Rehabilitation and
Compensation Act (but not below zero).
40 After paragraph 10B(4)(c)
Insert:
(ca) a payment under the Military Rehabilitation and Compensation Act that
is exempt from income tax under Subdivision 52-CA of the Income Tax
Assessment Act 1997; or
41 Subsection 23(1)
Insert:
Military Rehabilitation and Compensation Act or
MRCA means the Military Rehabilitation and Compensation Act
2003.
42 At the end of
section 47
Add:
(7) An age pension is not payable to a person who:
(a) is an armed services widow or an armed services widower; and
(b) has received a lump sum, or is receiving weekly amounts, mentioned in
paragraph 234(1)(b) of the MRCA; and
(c) is receiving income support supplement or would be eligible for income
support supplement if he or she made a claim under section 45I of the
VEA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA and VEA see
subsection 23(1).
43 At the end of
section 103
Add:
(7) A disability support pension is not payable to a person who:
(a) is an armed services widow or an armed services widower; and
(b) has received a lump sum, or is receiving weekly amounts, mentioned in
paragraph 234(1)(b) of the MRCA; and
(c) is receiving income support supplement or would be eligible for income
support supplement if he or she made a claim under section 45I of the
VEA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA and VEA see
subsection 23(1).
44 At the end of
section 151
Add:
(7) A wife pension is not payable to a woman who:
(a) is an armed services widow; and
(b) has received a lump sum, or is receiving weekly amounts, mentioned in
paragraph 234(1)(b) of the MRCA; and
(c) is receiving income support supplement or would be eligible for income
support supplement if she made a claim under section 45I of the
VEA.
Note 1: For armed services widow see
subsection 4(1).
Note 2: For MRCA and VEA see
subsection 23(1).
45 At the end of
section 202
Add:
(7) A carer payment is not payable to a person who:
(a) is an armed services widow or an armed services widower; and
(b) has received a lump sum, or is receiving weekly amounts, mentioned in
paragraph 234(1)(b) of the MRCA; and
(c) is receiving income support supplement or would be eligible for income
support supplement if he or she made a claim under section 45I of the
VEA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA and VEA see
subsection 23(1).
46 At the end of
section 500S
Add:
(5) Parenting payment is not payable to a person if:
(a) the person is an armed services widow or an armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
47 Section 573A
After “is receiving”, insert “or has
received”.
48 Paragraph 573A(a)
Omit “or allowance”, substitute “, allowance or
compensation”.
49 Section 573A (table
heading)
Omit “and allowances”, substitute “, allowances
and compensation”.
50 Section 573A (table column heading relating
to Type of pension, benefit and allowance)
Omit “and allowance”, substitute “, allowance
and compensation”.
51 Section 573A (after table
item 4)
Insert:
|
4A |
Compensation for an armed services widow or an armed services
widower |
(Paragraph 234(1)(b) of the Military Rehabilitation and Compensation
Act) |
52 After subsection 614(3A)
Insert:
(3B) A newstart allowance is not payable to a person if:
(a) the person is an armed services widow or armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
53 At the end of
section 660YCF
Add:
(6) A mature age allowance is not payable to a person if:
(a) the person is an armed services widow or armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
54 After subsection 686(4)
Insert:
(4A) Sickness allowance is not payable to a person if:
(a) the person is an armed services widow or an armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
55 At the end of
section 735
Add:
(5) Special benefit is not payable to a person if:
(a) the person is an armed services widow or an armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
56 At the end of
section 771HI
Add:
(4) A partner allowance is not payable to a person if the person has
received a lump sum, or is receiving weekly amounts, mentioned in paragraph
234(1)(b) of the MRCA.
Note: For MRCA see subsection
23(1).
57 At the end of
section 787
Add:
(5) A special needs pension is not payable to a person if:
(a) the person is an armed services widow or an armed services widower;
and
(b) the person has received a lump sum, or is receiving weekly amounts,
mentioned in paragraph 234(1)(b) of the MRCA.
Note 1: For armed services widow and
armed services widower see subsection 4(1).
Note 2: For MRCA see subsection
23(1).
58 After paragraph 1037(a)
Insert:
(aa) if the person is provided with a motor vehicle under the Motor
Vehicle Compensation Scheme under section 212 of the MRCA—during any
period during which the vehicle is provided; or
59 Section 1037 (note)
After “VEA”, insert “and
MRCA”.
60 Subsection 1061JD(2) (definition of
pharmaceutical allowance)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
61 At the end of paragraph
1061PE(4)(e)
Add:
; or (vi) has received, or is entitled to receive, compensation for
permanent impairment under section 68, 71 or 75 of the Military
Rehabilitation and Compensation Act; or
(vii) is receiving a Special Rate Disability Pension under Part 6 of
Chapter 4 of the Military Rehabilitation and Compensation Act; or
(viii) is receiving, or has received, compensation mentioned in paragraph
234(1)(b) of the Military Rehabilitation and Compensation Act.
62 At the end of subsection
1061PJ(1)
Add:
; or (c) in the case of a person who has a dependent
child—compensation under the Military Rehabilitation and Compensation Act
set out in subsection (4).
63 At the end of
section 1061PJ
Add:
Compensation under the Military Rehabilitation and Compensation
Act
(4) For a person who has a dependent child, the compensation under the
Military Rehabilitation and Compensation Act is the following:
(a) compensation for permanent impairment paid as a weekly amount under
section 68, 71 or 75 of the Military Rehabilitation and Compensation
Act;
(b) a Special Rate Disability Pension under Part 6 of Chapter 4
of the Military Rehabilitation and Compensation Act;
(c) compensation of a weekly amount mentioned in subparagraph
234(1)(b)(ii) of the Military Rehabilitation and Compensation Act.
64 Before paragraph 1061R(b)
Insert:
(a) if the person is receiving a telephone allowance under the Military
Rehabilitation and Compensation Act; or
65 Subsection 1061S(1) (table items 7 and
8)
After “VEA”, insert “or MRCA”.
66 After subsection 1064(6)
Insert:
(7) If:
(a) an armed services widow or an armed services widower has received a
lump sum, or is receiving a weekly amount, mentioned in paragraph 234(1)(b) of
the Military Rehabilitation and Compensation Act; and
(b) one of the following is payable to the widow or widower:
(i) an age pension;
(ii) a disability support pension;
(iii) a wife pension;
(iv) a carer payment;
(v) a mature age allowance under Part 2.12B;
(vi) disability wage supplement;
the rate of pension payable to the widow or widower is not to exceed
$3,247.40.
Note: For armed services widow and armed
services widower see subsection 4(1).
67 At the end of point 1064-C2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1064-C2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
68 Paragraph 1064-C3(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1064-C3 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
69 Point 1064-C3 (at the end of the
note)
Add “or is receiving pharmaceutical allowance under the
MRCA”.
70 Point 1064-C7 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1064-C7 is altered by inserting
“and MRCA” after “VEA”.
71 After subsection 1065(5)
Insert:
Rate limited for certain armed services widows and
widowers
(6) If:
(a) an armed services widow or an armed services widower has received a
lump sum, or is receiving a weekly amount, mentioned in paragraph 234(1)(b) of
the Military Rehabilitation and Compensation Act; and
(b) an age or disability support pension is payable to the widow or
widower;
the rate of pension payable to the widow or widower is not to exceed
$3,247.40.
Note: For armed services widow and armed
services widower see subsection 4(1).
72 At the end of point 1065-C2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1065-C2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
73 Paragraph 1065-C3(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1065-C3 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
74 Point 1065-C3 (at the end of the
note)
Add “or is receiving pharmaceutical allowance under the
MRCA”.
75 Point 1065-C7 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1065-C7 is altered by inserting
“and MRCA” after “VEA”.
76 At the end of point 1066-C2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066-C2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
77 Point 1066-C6 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066-C6 is altered by inserting
“and MRCA” after “VEA”.
78 At the end of point 1066A-D2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066A-D2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
79 Paragraph 1066A-D3(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1066A-D3 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
80 Point 1066A-D7 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066A-D7 is altered by inserting
“and MRCA” after “VEA”.
81 At the end of point 1066B-D2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066B-D2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
82 Paragraph 1066B-D3(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1066B-D3 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
83 Point 1066B-D7 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1066B-D7 is altered by inserting
“and MRCA” after “VEA”.
84 Paragraph 1067G-C2(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1067G-C2 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
85 Paragraph 1067G-F3(a)
Omit “or allowance”, substitute “, allowance or
compensation”.
86 Subparagraph
1067G-F23(a)(iii)
Omit “or allowance”, substitute “, allowance or
compensation”.
87 Section 1067G (heading to Module L of the
Youth Allowance Rate Calculator)
Omit “and allowances”, substitute “, allowances
and compensation”.
88 Section 1067G (table heading in Module L of
the Youth Allowance Rate Calculator)
Omit “and allowances”, substitute “, allowances
and compensation”.
89 Section 1067G (table column heading relating
to Type of pension, benefit and allowance in Module L of the Youth Allowance
Rate Calculator)
Omit “and allowance”, substitute “, allowance
and compensation”.
90 Section 1067G (after table item 4 in
Module L of the Youth Allowance Rate Calculator)
Insert:
|
4A |
Compensation for an armed services widow who has no dependent
children |
(Paragraph 234(1)(b) of the Military Rehabilitation and Compensation
Act) |
91 Section 1067G (after table item 20 in
Module L of the Youth Allowance Rate Calculator)
Insert:
|
20A |
Compensation for an armed services widow who has a dependent
child |
(Paragraph 234(1)(b) of the Military Rehabilitation and Compensation
Act) |
92 Paragraph 1067L-C2(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1067L-C2 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
93 At the end of point 1068-D4
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1068-D4 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
94 Paragraph 1068-D5(b)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1068-D5 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
95 Point 1068-D9 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1069-D9 is altered by inserting
“and MRCA” after “VEA”.
96 At the end of point 1068A-C2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1068A-C2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
97 Point 1068A-C6 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1068A-C6 is altered by inserting
“and MRCA” after “VEA”.
98 At the end of point 1068B-E2
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1068B-E2 is altered by adding at
the end “or the Military Rehabilitation and Compensation
Act”.
99 Paragraph 1068B-E3(a)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
Note: The heading to point 1068B-E3 is altered by inserting
“or the Military Rehabilitation and Compensation Act” after
“Veterans’ Entitlements Act”.
100 Point 1068B-E7 (at the end of the definition of
pharmaceutical allowance)
Add “or the Military Rehabilitation and Compensation
Act”.
Note: The heading to point 1068B-E7 is altered by inserting
“and MRCA” after “VEA”.
101 Point 1071A-4 (at the end of paragraph (e)
of the definition of income)
Add “, including compensation within the meaning of the Military
Rehabilitation and Compensation Act”.
102 Section 1190 (table items 55 and
56)
After “Veterans’ Entitlements Act”, insert “or the
Military Rehabilitation and Compensation Act”.
103 After paragraph 1228(2)(aa)
Insert:
(ab) a payment of compensation (within the meaning of the Military
Rehabilitation and Compensation Act) under that Act; or
104 Subsection 1229A(1)
Repeal the subsection, substitute:
(1) This section applies to a person:
(a) who receives a further notice given under subsection 1229(3);
and
(b) who:
(i) is not receiving a social security payment; and
(ii) is not receiving a payment of pension or allowance under the
Veterans’ Entitlements Act; and
(iii) is not receiving, and has not received, a payment of compensation
(within the meaning of the Military Rehabilitation and Compensation Act)
under that Act.
Taxation Administration Act
1953
105 After paragraph 12-110(1)(b) in
Schedule 1
Insert:
(ba) specified in an item of the table in section 52-114 of that Act
(Military Rehabilitation and Compensation Act payments); or
Part 1—Amendment
of the Income Tax Assessment Act 1936
1 Subsection 6(1) (after subparagraph (b)(iv)
of the definition of Commonwealth education or training
payment)
Insert:
(iva) the scheme under section 258 of the Military Rehabilitation
and Compensation Act 2003 to provide education and training; or
2 After paragraph 16(4)(g)
Insert:
(gaa) the Military Rehabilitation and Compensation Commission established
by section 361 of the Military Rehabilitation and Compensation Act
2003, for purposes consistent with the functions of that body under that
Act;
3 At the end of
section 202CB
Add:
Persons receiving benefits under Military Rehabilitation and
Compensation Act
(8) Subsections (2) to (4) do not apply to a TFN declaration given to
the Military Rehabilitation and Compensation Commission:
(a) by a person who is an applicant for compensation or an allowance under
the Military Rehabilitation and Compensation Act 2003; or
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, such compensation or
allowance.
4 At the end of
section 202CE
Add:
(9) Subsection (6) does not apply to a TFN declaration given to the
Military Rehabilitation and Compensation Commission:
(a) by a person who is an applicant for compensation or an allowance under
the Military Rehabilitation and Compensation Act 2003; or
(b) by a person who is a recipient for the purposes of this Part because
the person receives, or expects to receive, such compensation or
allowance.
5 Subsection 221A(1) (definition of prescribed
non-resident)
Before “a pension”, insert “compensation
or”.
6 Subsection 221A(1) (after paragraph (b) of
the definition of prescribed non-resident)
Insert:
(ba) the Military Rehabilitation and Compensation Act 2003;
or
7 Paragraph 251U(1)(b)
After “Veterans’ Entitlements Act 1986”, insert
“or the Military Rehabilitation and Compensation Act
2003”.
8 Subsection 265A(3)
Repeal the subsection, substitute:
(3) The provisions of subsection (1) do not apply in any case where
the death of the taxpayer has occurred in circumstances (including the
circumstances of his or her service) in which the Commonwealth would not be
liable to pay pensions or compensation:
(a) under Part II or IV of the Veterans’ Entitlements Act
1986 to the dependants of deceased members of the Forces or veterans;
or
(b) mentioned in paragraph 234(1)(b) of the Military Rehabilitation and
Compensation Act 2003 to the wholly dependent partners of deceased members
(within the meaning of that Act).
9 Subsection 265A(4)
After “Part II or IV of that Act,”, insert “or any
decision of the Military Rehabilitation and Compensation Commission established
under section 361 of the Military Rehabilitation and Compensation Act
2003 on a question affecting the right of a dependant of a deceased member
(within the meaning of that Act) to compensation under Chapter 5 of that
Act,”.
Part 2—Amendment
of the Income Tax Assessment Act 1997
10 Sections 51-32 and
51-33
Repeal the sections, substitute:
(1) A compensation payment for the loss of pay or an allowance for your
warlike service is exempt from income tax if:
(a) the compensation payment is made under the Safety, Rehabilitation
and Compensation Act 1988 in respect of an injury (as defined in that Act)
you suffered; and
(b) you suffered your injury while covered by a certificate in force under
paragraph 23AD(1)(a) of the Income Tax Assessment Act 1936; and
(c) your injury or disease caused the loss of your pay or allowance;
and
(d) your pay or allowance was payable under the Defence Act 1903 or
under a determination under that Act.
(2) A compensation payment for the loss of pay or an allowance for your
warlike service is exempt from income tax if:
(a) the compensation payment is made under the Military Rehabilitation
and Compensation Act 2003 in respect of a service injury or disease (as
defined in that Act); and
(b) you sustained your service injury or contracted your service disease,
or your service injury or disease was aggravated or materially contributed to,
while covered by a certificate in force under paragraph 23AD(1)(a) of the
Income Tax Assessment Act 1936; and
(c) your injury or disease caused the loss of your pay or allowance;
and
(d) your pay or allowance was payable under the Defence Act 1903 or
under a determination under that Act.
(3) Subsections (4) and (5) apply to:
(a) a deployment allowance; or
(b) some other allowance that is exempt from income tax specified in
writing by the Minister administering section 1 of the Defence Act
1903 for the purposes of this subsection;
that is payable under a determination under that Act for your non-warlike
service.
(4) A compensation payment for the loss of the allowance is exempt from
income tax if:
(a) the compensation payment is made under the Safety, Rehabilitation
and Compensation Act 1988 in respect of an injury (as defined in that Act)
you suffered; and
(b) your injury caused the loss of your allowance.
(5) A compensation payment for the loss of the allowance is exempt from
income tax if:
(a) the compensation payment is made under the Military Rehabilitation
and Compensation Act 2003 in respect of a service injury or disease (as
defined in that Act); and
(b) your injury or disease caused the loss of your allowance.
(1) A compensation payment for the loss of your pay or an allowance is
exempt from income tax if:
(a) the compensation payment is made under the Safety, Rehabilitation
and Compensation Act 1988 in respect of an injury (as defined in that Act)
you suffered; and
(b) you suffered your injury while serving as a member of the Naval
Reserve, Army Reserve or Air Force Reserve (but not while on continuous full
time service); and
(c) your pay or allowance was payable for service of a kind described in
paragraph (b).
(2) A compensation payment for the loss of your pay or an allowance is
exempt from income tax if:
(a) the compensation payment is made under the Military Rehabilitation
and Compensation Act 2003 in respect of a service injury or disease (as
defined in that Act); and
(b) you sustained your service injury or contracted your service disease,
or your service injury or disease was aggravated or materially contributed to,
while serving as a member of the Naval Reserve, Army Reserve or Air Force
Reserve; and
(c) your pay or allowance was payable for service of a kind described in
paragraph (b); and
(d) the compensation payment is worked out by reference to your normal
earnings (as defined in that Act) as a part-time Reservist (as defined in that
Act).
11 After Subdivision 52-C
Insert:
This Subdivision tells you:
(a) the payments under the Military Rehabilitation and Compensation Act
2003 that are wholly or partly exempt from income tax; and
(b) any special circumstances, conditions or exceptions that apply to a
payment in order for it to be exempt; and
(c) how to work out how much of a payment is exempt.
Table of sections
Operative provisions
52-114 How much of a payment under the Military
Rehabilitation and Compensation Act is exempt?
[This is the end of the Guide.]
(1) The table in this section tells you about the income tax treatment of
payments under the Military Rehabilitation and Compensation Act 2003.
References in the table to provisions are to provisions of that Act.
(2) Expressions used in this Subdivision that are also used in the
Military Rehabilitation and Compensation Act 2003 have the same meanings as in
that Act.
(3) Ordinary payment means a payment other than a payment
made because of a person’s death.
|
Income tax treatment of Military Rehabilitation and Compensation Act
payments |
|||
|---|---|---|---|
|
Item |
Category of payment and provision under which it is paid |
Ordinary payment |
Payment because of a person’s death |
|
1 |
Alterations to aids and appliances relating to
rehabilitation |
Exempt |
Not applicable |
|
2 |
Compensation for journey and accommodation costs |
Exempt |
Not applicable |
|
3 |
Compensation for permanent impairment |
Exempt |
Exempt |
|
4 |
Compensation for financial advice |
Exempt |
Not applicable |
|
5 |
Compensation for incapacity for Permanent Forces member or continuous
full-time Reservist |
See section 51-32 |
Exempt |
|
6 |
Compensation for incapacity for part-time
Reservists |
See section 51-33 |
Exempt |
|
7 |
Compensation by way of Special Rate Disability
Pension |
Exempt |
Not applicable |
|
8 |
Compensation under the Motor Vehicle Compensation
Scheme |
Exempt |
Not applicable |
|
9 |
Compensation for household services and attendant care
services |
Exempt |
Not applicable |
|
10 |
Telephone allowance |
Exempt |
Not applicable |
|
11 |
Compensation for loss or damage to medical
aids |
Exempt |
Not applicable |
|
12 |
Compensation for a wholly dependent partner for a member’s
death |
Not applicable |
Exempt |
|
13 |
Continuing permanent impairment and incapacity etc. compensation for a
wholly dependent partner |
Not applicable |
Exempt |
|
14 |
Compensation for eligible young persons who were dependent on deceased
member |
Not applicable |
Exempt |
|
15 |
Continuing permanent impairment and incapacity etc. compensation for
eligible young persons |
Not applicable |
Exempt |
|
16 |
Education and training, or a payment, under the education scheme for
certain eligible young persons |
Exempt if provided for or made to a person under 16 |
Exempt |
|
17 |
Compensation for other persons who were dependent on deceased
member |
Not applicable |
Exempt |
|
18 |
Compensation for cost of a funeral |
Not applicable |
Exempt |
|
19 |
Compensation for treatment costs |
Exempt |
Not applicable |
|
20 |
Pharmaceutical allowance |
Exempt |
Not applicable |
|
21 |
Special assistance |
Exempt |
Exempt |
12 After subparagraph
52-145(1)(b)(iii)
Insert:
(iiia) the scheme under section 258 of the Military Rehabilitation
and Compensation Act 2003 to provide education and training; or
13 Subsection 995-1(1) (definition of ordinary
payment)
Omit “and 52-65”, substitute “, 52-65 and
52-114”.
Part 3—Application
and amendment of assessments
14 Application of amendments
(1) The amendments made by Part 1 of this Schedule apply to
assessments for the 2004-05 year of income and later years of income.
(2) Subject to subitem (3), the amendments made by Part 2 of this
Schedule apply to assessments for the 2004-05 income year and later income
years.
(3) Subsections 51-32(1) and (4) and 51-33(1) of the Income Tax
Assessment Act 1997, substituted by item 10 of this Schedule, apply to
assessments for the 1996-97 income year and later income years.
15 Amendment of assessments
Section 170 of the Income Tax Assessment Act 1936 does not
prevent the amendment of an assessment made before the commencement of this item
for the purposes of giving effect to subsections 51-32(1) and (4) and 51-33(1)
of the Income Tax Assessment Act 1997 substituted by item 10 of this
Schedule.