Commonwealth: Military Rehabilitation and Compensation Act 2004 (Cth)

Military Rehabilitation and Compensation Act 2004 No. 51, 2004 Compilation No. 71 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Military Rehabilitation and Compensation Act 2004 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introduction 1 Short title 2 Commencement 3 Simplified outline of this Act 4 Extension to external Territories 4A Secretary may arrange for use of computer programs to make decisions or determinations 5 Definitions 6 Kinds of service to which this Act applies 7 Reference to service injury sustained or service disease contracted includes reference to aggravation etc. 7A Classes of members 8 Ministerial determinations that other people are members 9 Definition of duty for cadets and declared members 10 Determinations for part‑time Reservists and cadets who are unlikely to return to defence service 11 Ministerial determination of pay‑related allowances 12 Deceased members whose dependants are entitled to benefits under this Act 13 Definition of treatment 14 Definition of Commonwealth superannuation scheme for a person who has chosen a Special Rate Disability Pension 15 Definitions of dependant and related person 16 Certain relationships 17 When partners and eligible young persons are wholly dependent on a member 18 Child of a member born or adopted after the member's death 19 Ascertaining whether persons receiving family tax benefits etc. are dependent 20 Some references to members include references to former members Chapter 2—Accepting liability for service injuries, diseases and deaths Part 1—Simplified outline of this Chapter 21 Simplified outline of this Chapter Part 2—When the Commission must accept liability for service injuries, diseases and deaths 22 Simplified outline of this Part 23 Commission's acceptance of liability for service injuries and diseases 24 Commission's acceptance of liability for service deaths 25 Limited effect of acceptance of liability Part 3—Definitions of service injury, service disease and service death 26 Simplified outline of this Part 27 Main definitions of service injury and service disease 28 Main definition of service death 29 Definitions of service injury, service disease and service death arising from treatment provided by the Commonwealth 30 Definitions of service injury and service disease for aggravations etc. of signs and symptoms Part 4—When the Commission is prevented from accepting liability for service injuries, diseases and deaths 31 Simplified outline of this Part 32 Exclusions relating to serious defaults or wilful acts etc. 33 Exclusions relating to reasonable counselling about performance etc. 34 Exclusions of injuries, diseases and deaths relating to certain false representations 35 Exclusions relating to travel 36 Exclusion relating to use of tobacco products Chapter 3—Rehabilitation Part 1—General provisions Division 1—Simplified outline of this Chapter 37 Simplified outline of this Chapter Division 2—Aim of rehabilitation 38 Aim of rehabilitation Division 3—Definitions 39 Definition of rehabilitation authority 40 Rule if rehabilitation authority for a person changes 41 Other definitions Part 2—Rehabilitation programs—general Division 1—Application of Part 42 Simplified outline of this Part 43 Persons to whom this Part applies Division 2—Assessment of a person's capacity for rehabilitation 44 When an assessment may or must be carried out 45 What may be done as part of an assessment 46 Requirements for examinations 47 Compensation for journey and accommodation costs 48 Amount of compensation for journey and accommodation costs 49 Whom the compensation is payable to 50 Consequences of failure to undergo an examination Division 3—Provision of rehabilitation programs 51 Rehabilitation authority may determine that a person is to undertake a rehabilitation program 52 Consequences of failure to undertake a rehabilitation program 53 Cessation or variation of a rehabilitation program Part 2A—Non‑liability rehabilitation pilot 53A Simplified outline of this Part 53B Persons to whom this Part applies 53C Provision of rehabilitation programs 53D Legislative instrument Part 3—Alterations, aids and appliances relating to rehabilitation Division 1—Preliminary 54 Simplified outline of this Part 55 Persons to whom Part applies Division 2—Alterations, aids and appliances relating to rehabilitation 56 Alterations, aids and appliances relating to rehabilitation 57 Amount of compensation for alterations, aids and appliances 58 Matters to be considered in determining matters relating to alterations, aids and appliances 59 Whom compensation for alterations etc. is payable to Part 4—Assistance in finding suitable work 60 Simplified outline of this Part 61 Assistance in finding suitable work for full‑time members 62 Assistance in finding suitable work for other members and former members 62A Scheme may provide for payments to employers Part 5—Transition management 63 Simplified outline of this Part 64 Transition management Chapter 4—Compensation for members and former members Part 1—Simplified outline of this Chapter 65 Simplified outline of this Chapter Part 2—Permanent impairment 66 Simplified outline of this Part 67 Guide to determining impairment and compensation 68 Entitlement to compensation for permanent impairment 69 No compensation for less than the threshold impairment points 70 Compensation for aggravations etc. 71 Additional compensation 72 Additional compensation for aggravations etc. 73 Deciding whether an impairment is likely to continue indefinitely 74 Amount of compensation 75 Interim compensation 76 Notifying the claimant 77 When weekly compensation becomes payable 78 Choice to take lump sum 79 When lump sum is payable 80 Additional amounts payable if maximum compensation paid 81 Compensation for cost of financial advice and legal advice 82 Amount of financial advice and legal advice compensation 83 Whom the compensation is payable to 83A Energy supplement for compensation under this Part Part 3—Compensation for incapacity for service or work for members Division 1—Entitlement to compensation 84 Simplified outline of this Part 85 Compensation for incapacitated full‑time members 86 Compensation for incapacitated part‑time Reservists 87 Compensation for incapacitated cadets and declared members 88 No compensation in certain cases relating to aggravations etc. of injuries or diseases 89 Amount of compensation for current members 89A Amount of compensation for persons receiving a Commonwealth superannuation benefit 89B Payments before a person receives a Commonwealth superannuation benefit Division 2—Working out normal and actual earnings for full‑time members 90 Simplified outline of this Division 91 Working out normal earnings 92 Working out actual earnings Division 3—Working out normal and actual earnings for part‑time Reservists Subdivision A—Simplified outline of this Division 93 Simplified outline of this Division Subdivision B—Working out normal earnings for part‑time Reservists 94 Application of this Division to part‑time Reservists 95 Working out normal earnings Subdivision C—Working out the ADF component of normal earnings 96 Working out the ADF component for an incapacitated Reservist who is incapacitated for service 97 Working out the ADF component for an incapacitated Reservist who is not incapacitated for service Subdivision D—Working out the civilian component of normal earnings 98 Working out the civilian component for an incapacitated Reservist who is incapacitated for work 99 Definition of example period for the civilian component of normal earnings 100 Working out the civilian component for an incapacitated Reservist who is not incapacitated for work Subdivision E—Working out actual earnings 101 Working out actual earnings Division 4—Working out normal and actual earnings for part‑time Reservists who were previously Permanent Forces members 102 Simplified outline of this Division 103 Application of this Division to part‑time Reservists who were previously Permanent Forces members 104 Working out normal earnings 105 Working out actual earnings Division 5—Working out normal and actual earnings for part‑time Reservists who were previously continuous full‑time Reservists Subdivision A—Simplified outline of this Division 106 Simplified outline of this Division Subdivision B—Working out normal earnings for part‑time Reservists who were previously continuous full‑time Reservists 107 Application of this Division to part‑time Reservists who were previously continuous full‑time Reservists 108 Working out normal earnings Subdivision C—Working out full‑time ADF earnings 109 Working out full‑time ADF earnings Subdivision D—Working out pre‑CFTS earnings 110 Simplified outline of this Subdivision 111 Working out pre‑CFTS earnings 112 Working out pre‑CFTS pay 113 Definition of example period for pre‑CFTS pay 114 Working out reserve pay 114A Example periods for those injured as continuous full‑time Reservists Subdivision E—Working out actual earnings 115 Working out actual earnings Division 6—Working out normal and actual earnings for cadets and declared members 116 Regulations may prescribe methods for working out normal and actual earnings for cadets and declared members Division 7—Amount of compensation where a Commonwealth superannuation benefit is received 116A Simplified outline of this Division 116B Amount of compensation for person receiving only Commonwealth superannuation pension 116C Amount of compensation for person who has received only Commonwealth superannuation lump sum 116D Amount of compensation for person receiving both superannuation pension and lump sum 116E No compensation if amount worked out is nil or a negative amount Part 4—Compensation for incapacity for work for former members Division 1—Entitlement to compensation 117 Simplified outline of this Part 118 Compensation for incapacitated former members 119 No compensation in certain cases relating to aggravations etc. of injuries or diseases 120 Compensation for those over pension age 121 Compensation for those over the age that is 2 years before pension age 122 Persons who are imprisoned Division 2—Amount of compensation (other than for those who have chosen to receive a Special Rate Disability Pension) Subdivision A—Simplified outline of this Division 123 Simplified outline of this Division Subdivision B—Amount of compensation generally 124 Simplified outline of this Subdivision 125 Amount of compensation for former members 126 Amount of compensation for retired persons receiving a Commonwealth superannuation benefit 126A Payments before a retired person receives a Commonwealth superannuation benefit 127 Amount of compensation for former members who are maintained in hospital etc. Subdivision C—Amount of compensation where no Commonwealth superannuation benefit is received 128 Simplified outline of this Subdivision 129 Amount of compensation for maximum rate weeks 130 Amount of compensation for the week whose hours exceed 45 times the normal weekly hours 131 Amount of compensation after 45 weeks 132 Definitions of actual earnings, normal earnings and normal weekly hours Subdivision D—Amount of compensation where a Commonwealth superannuation benefit is received 133 Simplified outline of this Subdivision 134 Amount of compensation for retired person receiving only Commonwealth superannuation pension 135 Amount of compensation for retired person who has received only Commonwealth superannuation lump sum 136 Amount of compensation for retired person receiving both superannuation pension and lump sum Subdivision E—Small amounts of compensation 137 Simplified outline of this Subdivision 138 Converting small amounts of weekly compensation into lump sum compensation 139 Weekly compensation following conversion of weekly amounts to a lump sum Division 3—Working out normal earnings for certain former Permanent Forces members 140 Simplified outline of this Division 141 Working out normal earnings Division 4—Working out normal earnings and normal weekly hours for certain former continuous full‑time Reservists Subdivision A—Simplified outline of this Division 142 Simplified outline of this Division Subdivision B—Working out normal earnings 143 Working out normal earnings Subdivision C—Working out ADF earnings 144 Working out ADF earnings Subdivision D—Working out pre‑CFTS earnings 145 Simplified outline of this Subdivision 146 Working out pre‑CFTS earnings 147 Working out pre‑CFTS pay 148 Definition of example period for former continuous full‑time Reservists 149 Working out reserve pay Subdivision E—Working out normal weekly hours for persons who have chosen pre‑CFTS earnings 150 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings Division 5—Working out normal earnings and normal weekly hours for former part‑time Reservists who were engaged in civilian work Subdivision A—Simplified outline of this Division 151 Simplified outline of this Division Subdivision B—Working out normal earnings of former part‑time Reservists who were engaged in civilian work 152 Application of this Division to former part‑time Reservists who were engaged in civilian work 153 Working out normal earnings Subdivision C—Working out the ADF component of normal earnings 154 Working out the ADF component of normal earnings 155 Definition of example period for ADF component of normal earnings Subdivision D—Working out the civilian component of normal earnings 156 Working out the civilian component of normal earnings 157 Definition of example period for the civilian component of normal earnings Subdivision E—Working out normal weekly hours 158 Working out normal weekly hours Division 6—Working out normal earnings for former part‑time Reservists who were not engaged in civilian work 159 Simplified outline of this Division 160 Application of this Division to former part‑time Reservists who were not engaged in civilian work 161 Working out normal earnings Division 7—Working out normal earnings for former part‑time Reservists who were previously Permanent Forces members 162 Simplified outline of this Division 163 Application of this Division to former part‑time Reservists who were previously Permanent Forces members 164 Working out normal earnings Division 8—Working out normal earnings and normal weekly hours for former part‑time Reservists who were previously continuous full‑time Reservists Subdivision A—Simplified outline of this Division 165 Simplified outline of this Division Subdivision B—Working out normal earnings for former part‑time Reservists who were previously continuous full‑time Reservists 166 Application of this Division to former part‑time Reservists who were previously continuous full‑time Reservists 167 Working out normal earnings Subdivision C—Working out full‑time ADF earnings 168 Working out full‑time ADF earnings Subdivision D—Working out pre‑CFTS earnings 169 Simplified outline of this Subdivision 170 Working out pre‑CFTS earnings 171 Working out pre‑CFTS pay 172 Definition of example period for the pre‑CFTS pay 173 Working out reserve pay 173A Example periods for those injured as continuous full‑time Reservists Subdivision E—Working out normal weekly hours for persons who have chosen pre‑CFTS earnings 174 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings Division 9—Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members 175 Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members Part 5—Adjusting the amount of compensation for incapacity for service or work Division 1—Introduction 176 Simplified outline of this Part 177 Definitions of normal earnings and actual earnings Division 2—General rules relating to normal and actual earnings etc. 178 Simplified outline of this Division 179 Normal earnings that are less than the minimum wage 180 Amounts that are excluded when working out normal and actual earnings 181 Matters to be considered in determining actual earnings 182 Indexation of pre‑CFTS pay and civilian daily earnings 183 Indexation of $100 in ADF pay Division 3—Adjusting ADF pay and pay‑related allowances 184 Simplified outline of this Division 185 Increases in pay and allowances 186 Increases in pay and allowances due to actual promotions 187 Commission must determine category of defence work when defence work abolished 188 Commission may determine pay‑related allowances when defence work abolished 189 Amount of pay and allowances for those undergoing initial training 190 No other adjustments to be taken into account Division 4—Adjusting other pay 191 Simplified outline of this Division 192 Definitions of civilian daily earnings, example period and pre‑CFTS pay 193 Variations during the example period 194 Civilian daily earnings or pre‑CFTS pay if working them out is impracticable Division 5—Working out compensation for parts of weeks 195 Simplified outline of this Division 196 Working out compensation for parts of weeks Part 6—Choice to receive a Special Rate Disability Pension 197 Simplified outline of this Part 198 What is a Special Rate Disability Pension? 199 Persons who are eligible to make a choice under this Part 200 Choice to receive Special Rate Disability Pension 201 When the choice is to be made 202 Other requirements for the choice 203 Determinations by Commission 204 Offsets 204A Overpayment if payment of lump sum under section 138 205 Compensation for cost of financial advice and legal advice 206 Amount of financial advice and legal advice compensation 207 Whom the compensation is payable to 208 Persons who are imprisoned 209 Ceasing to meet certain criteria 209A Energy supplement for Special Rate Disability Pension 210 Return to work scheme Part 7—Other types of compensation for members and former members Division 1—Simplified outline of this Part 211 Simplified outline of this Part Division 2—Motor Vehicle Compensation Scheme 212 Motor Vehicle Compensation Scheme Division 3—Compensation for household and attendant care services 213 Definitions 214 Compensation for household services 215 Matters to be considered in household services compensation claims 216 Amount of household compensation 217 Compensation for attendant care services 218 Matters to be considered in attendant care compensation claims 219 Amount of compensation for attendant care services 220 Whom household and attendant care compensation is payable to Division 4—MRCA supplement for members and former members 221 Eligibility for MRCA supplement 222 MRCA supplement not payable in some circumstances 223 Rate of MRCA supplement 224 Payment of MRCA supplement Division 5—Compensation for loss of, or damage to, medical aids 226 Compensation for loss of, or damage to, medical aids 227 Exclusions relating to serious defaults etc. 228 Exclusions relating to travel 229 Amount of medical aid compensation 230 Whom medical aid compensation is payable to Chapter 5—Compensation for dependants of certain deceased members, members and former members Part 1—Simplified outline of this Chapter 231 Simplified outline of this Chapter Part 2—Compensation for member's death for wholly dependent partners Division 1—Simplified outline of this Part 232 Simplified outline of this Part Division 2—Compensation for member's death for wholly dependent partners 233 Compensation for member's death for wholly dependent partners 234 Amount of compensation for wholly dependent partners 235 Notifying the partner 236 Choice to take lump sum 238 Whom the compensation is payable to 238A Energy supplement for compensation for wholly dependent partners of deceased members Division 3—Compensation for cost of financial advice and legal advice for wholly dependent partners 239 Compensation for cost of financial advice and legal advice 240 Amount of financial advice and legal advice compensation 241 Whom the compensation is payable to Division 4—Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners 242 Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners 243 Amount of permanent impairment and incapacity etc. compensation 244 Whom permanent impairment and incapacity etc. compensation is payable to Division 5—MRCA supplement for wholly dependent partners 245 Eligibility for MRCA supplement 246 MRCA supplement not payable in some circumstances 247 Rate of MRCA supplement 248 Payment of MRCA supplement Part 3—Compensation for eligible young persons dependent on certain deceased members, members or former members Division 1—Simplified outline of this Part 250 Simplified outline of this Part Division 2—Lump sum compensation for member's death for certain eligible young persons 251 Lump sum compensation for member's death for certain eligible young persons 252 Amount of compensation for dependent eligible young persons Division 3—Weekly compensation for certain eligible young persons 253 Weekly compensation for certain eligible young persons 254 Amount of weekly compensation Division 4—Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons 255 Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons 256 Amount of permanent impairment and incapacity etc. compensation Division 5—Whom compensation under Divisions 2 to 4 is payable to 257 Whom the compensation is payable to Division 6—Education scheme for certain eligible young persons dependent on members, former members and deceased members 258 Education scheme for certain eligible young persons 259 Completing courses begun before turning 25 years old Division 7—Exclusion of Part for wholly dependent partners 260 Exclusion of Part for wholly dependent partners Part 4—Compensation for dependants other than wholly dependent partners and eligible young persons 261 Simplified outline of this Part 262 Compensation for dependants other than wholly dependent partners and eligible young persons 263 Amount of compensation for other dependants 264 Whom the compensation is payable to Part 5—Compensation for funeral expenses 265 Simplified outline of this Part 266 Compensation for cost of funeral 267 Amount of funeral compensation 268 Whom funeral compensation is payable to Chapter 5A—Acute and employment support Part 1—Acute support 268A Simplified outline of this Part 268B Acute support package Part 2—Employment support to former members 268C Simplified outline of this Part 268D Employment support to former members Chapter 6—Treatment for injuries and diseases Part 1—Simplified outline of this Chapter 269 Simplified outline of this Chapter Part 3—Entitlement to provision of treatment Division 1—Simplified outline of this Part 278 Simplified outline of this Part Division 2—Treatment for some members and former members 279 Treatment for members entitled to treatment under Defence regulations 280 Treatment for service injuries and diseases of former members and part‑time Reservists etc. 280A Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 281 Treatment for persons with 60 impairment points 282 Treatment for persons who are eligible for a Special Rate Disability Pension 283 No treatment for aggravated injury or disease if aggravation ceases Division 3—Treatment for certain dependants of deceased members 284 Treatment for certain wholly dependent partners and eligible young persons Division 4—Administration of the provision of treatment 285 Treatment at hospitals and other institutions etc. 286 Determination for providing treatment or pharmaceutical benefits 287 Provision of treatment 287A Provision of services under the Coordinated Veterans' Care mental health pilot Part 4—Other compensation relating to treatment Division 1—Simplified outline of this Part 288 Simplified outline of this Part Division 1A—Compensation for treatment obtained in special circumstances 288A Compensation for those entitled to treatment under Part 3 288B Compensation for treatment prior to a service death 288C Compensation in other special circumstances 288D Relationship of this Part with other compensation provisions 288E No compensation if aggravated injury or disease ceases to be aggravated etc. 288F Amount of treatment compensation 288G Whom treatment compensation is payable to Division 2—Compensation for patients' and attendants' journey and accommodation costs 289 Definition of compensable treatment 290 Compensation for journey costs relating to treatment 291 Compensation for accommodation relating to treatment 292 No compensation for journeys or accommodation outside Australia 293 Amount of compensation for journeys 294 Amount of compensation for accommodation 295 Matters to be considered in journey and accommodation compensation claims 296 Whom compensation is payable to Division 3—Compensation for transportation costs 297 Compensation for other person's transportation costs 298 Amount of transportation costs 299 Whom compensation is payable to Division 4—MRCA supplement for members, former members and dependants 300 Eligibility for MRCA supplement 301 MRCA supplement not payable in some circumstances 302 Rate of MRCA supplement 303 Payment of MRCA supplement Part 5—Offences relating to treatment under this Chapter 304 Simplified outline of this Part 305 Definitions 306 Offence for false or misleading statements or documents relating to treatment 307 Offence for medical service providers causing detriment to others 308 Offence for medical service providers threatening detriment 309 Offence for bribery by medical service providers 310 Offence for practitioners receiving bribes etc. 311 Offence for pathology practitioners making payments to requesting practitioners 312 Offence for pathology practitioners providing pathology services to persons with whom they have arrangements 313 Offence for providing staff to be used in pathology services 314 Counselling statements inadmissible as evidence 315 Recovery of amounts paid because of false or misleading statements 316 Interest payable on amounts paid because of false or misleading statements 317 Reduction in payments because of previous overpayments Chapter 7—Claims Part 1—Making a claim Division 1—Simplified outline of this Part 318 Simplified outline of this Part Division 2—Making a claim 319 Making a claim 320 Who may make a claim 321 Survival of claims and of right to claim 322 No new claim before earlier claim finally determined 323 Giving claims and documents to the Commission Division 3—What happens after a claim is made Subdivision A—Investigation of claims 324 Investigation by the Commission Subdivision B—Needs assessments 325 When the Commission may or must carry out a needs assessment 326 Assessment of a person's needs Subdivision C—Medical examinations 328 Power to require medical examination 329 Consequences of failure to undergo an examination Subdivision D—Obligations of claimants and Commission 330 Power to request the provision of information 331 Certain documents to be supplied on request Part 2—Determination of claims 332 Simplified outline of this Part 333 Determination of claims 334 Commission not bound by technicalities 335 Standard of proof for Commission and Chief of the Defence Force 336 Commission not entitled to make certain presumptions 337 No onus of proof 338 Reasonableness of hypothesis to be assessed by reference to Statement of Principles 339 Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles 340 Determination by Commission overriding Authority's decision in relation to Statements of Principles 341 Current Statement of Principles to be applied on review of a decision 342 Determination of the onset date for an incapacity for service or work 343 Determination of the date of death Chapter 8—Reconsideration and review of determinations Part 1—Preliminary 344 Simplified outline of this Chapter 345 Definitions 345A Application of this Chapter to decisions about clean energy payments 345B Application of this Chapter to decisions about acute support packages Part 2—Notifying original determinations 346 Notifying original determinations Part 3—Reconsideration of determinations 347 Commission or Chief of the Defence Force initiating reconsideration of original determinations 347A Reconsideration of permanent impairment compensation 348 Varying determinations made by the Board 349 Chief of the Defence Force initiating reconsideration of determinations 350 Reconsideration 351 Notifying reviewable determinations Part 4—Review by the Board of original determinations 352 Applications to the Board for review 353 Application of the Veterans' Entitlements Act 1986 Part 5—Review by the Tribunal 354 Applications to the Tribunal for review 355 Modifications of the Administrative Review Tribunal Act 2024 355A Applications cannot be made to the Tribunal guidance and appeals panel 356 Evidence 357 Costs of proceedings before the Tribunal 358 Costs where proceedings rendered abortive 359 Certain provisions not to apply to review of determinations of the Board Chapter 9—The Military Rehabilitation and Compensation Commission Part 1—Simplified outline of this Chapter 360 Simplified outline of this Chapter Part 2—Establishment of the Commission 361 Establishment Part 3—Functions 362 Functions Part 4—Constitution of the Commission 363 Constitution Part 5—Membership 364 Membership 365 Appointment of Commission members 366 Acting appointments for members described in subparagraph 364(1)(b)(i) 367 Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii) 369 Remuneration and allowances 370 Commission members may be granted leave of absence 371 Resignation of appointed Commission members 372 Termination of appointment of appointed Commission members Part 6—Meetings and resolutions 373 Convening meetings 374 Presiding at meetings 375 Quorum 376 Voting at meetings 377 Commission resolutions without meetings 378 Conduct of meetings 379 Commission member to disclose any interest in claims etc. 380 Minister may direct Commission member not to take part in consideration or review Part 7—Other matters 382 Staff 383 Consultants 384 Delegation 385 Annual report Chapter 10—Liabilities arising apart from this Act etc. Part 1—Preliminary 386 Simplified outline of this Chapter 387 Interpretation Part 2—Liability of the Commonwealth to other actions 388 Action for damages not to lie against Commonwealth etc. in certain cases 389 Choice to institute action for damages against the Commonwealth etc. for non‑economic loss 390 Notice of common law claims against the Commonwealth etc. Part 3—Liability of third parties Division 1—Notice of common law claims against third parties 391 Notice of common law claims against third parties Division 2—Commission may institute proceedings or take over claims against third parties 392 Application of this Division to common law claims against third parties 393 Commission may make the claim or take over the claim 394 Commonwealth liable to pay costs of claim 395 Commission may conclude claim 396 Plaintiff must sign documents as required 397 Plaintiff must do as the Commission requires 398 What happens when damages are awarded Division 3—Effect of recovering damages on entitlements under this Act 399 When Division applies 400 Notifying damages 401 Repaying compensation paid under this Act after damages recovered 402 No compensation under this Act after damages recovered Division 4—Payment of damages by persons to the Commonwealth 403 Payment of damages by persons to the Commonwealth Chapter 11—Miscellaneous Part 1—Indexation 404 Indexation of amounts Part 2—Obtaining and giving information etc. 405 Power to obtain information 406 Commission may obtain information etc. 407 Self‑incrimination 408 Offence for selling etc. goods provided under this Act without consent 408A Manner of giving notice or other document 409 Giving information 410 Judicial notice to be taken of certain matters 411 Evidence 412 Providing tax file numbers 413 How to satisfy the request under section 412 414 Compensation when request is not satisfied initially Part 3—Recovering overpayments Division 1—Recovery generally 415 Recovery of overpayments Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit 416 Notice to Commission of retirement of person 417 Application of section 418 418 Commission may give a notice to the administrator of the scheme 419 Commission to give notice to incapacitated person 420 What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment 421 Administrator must pay the amount of overpayment to the Commonwealth 422 Compliance by the administrator Part 4—Appropriation 423 Appropriation Part 5—Special assistance 424 Special assistance Part 5A—Clean energy payments Division 6—Multiple entitlement exclusions 424L Multiple entitlement exclusions Part 6—General 425 Assignment, set‑off or attachment of compensation 426 Payments to Commissioner of Taxation 427 Jurisdiction of courts with respect to extraterritorial offences 428 Commission may write off a debt 429 Commission may waive a debt 430 Payment into bank account etc. 430A Use and disclosure of account details 431 Payments at person's request 432 Trustees for persons entitled to compensation 433 Powers of the trustee generally 434 Powers of Commonwealth etc. trustee to invest trust funds 435 Powers of investment for non‑Commonwealth trustee 436 Provisions applicable on death of person 437 Amounts of compensation 437A Delegation by Minister 438 Delegation by Chief of the Defence Force Part 7—Regulations 439 Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4 440 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide rehabilitation, compensation and other entitlements for veterans, members and former members of the Defence Force, and for other purposes Chapter 1—Introduction 1 Short title This Act may be cited as the Military Rehabilitation and Compensation Act 2004. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 27 April 2004 2. Sections 3 to 359 A single day to be fixed by Proclamation. 1 July 2004 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see Gazette 2004, GN22) 3. Sections 360 to 385 The day on which this Act receives the Royal Assent. 27 April 2004 4. Sections 386 to 440 At the same time as the provision(s) covered by table item 2. 1 July 2004 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Simplified outline of this Act This Act provides for: (a) compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and (aa) rehabilitation programs for current or former members of the Defence Force (including some who have made a claim for acceptance of liability by the Commission for a service injury or disease and some who have not made such a claim and who need not have a service injury or disease); and (b) compensation and other benefits to be provided for the dependants of some deceased members; and (c) certain assistance (such as child care, counselling and household services) to members or former members or to related persons of members, former members or deceased members. Before most benefits can be paid or provided, the Commission must accept liability for an injury, disease or death of a current or former member under Chapter 2. Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability. The procedure for dealing with claims under this Act is dealt with under Chapters 7 and 8. The Military Rehabilitation and Compensation Commission and the administration of the Act are dealt with in Chapters 9 to 11. Provisions in this Act might be affected by the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004. A person who is entitled to a benefit under this Act might also be entitled to a pension, allowance or other benefit under the Veterans' Entitlements Act 1986. This might include the following: (a) a service pension under Part III of that Act; (b) treatment under Part V of that Act; (c) veterans supplement, a Victoria Cross allowance or Income Support Supplement; (d) a funeral benefit. Note: Under section 203 of the Veterans' Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act. 4 Extension to external Territories This Act extends to every external Territory. 4A Secretary may arrange for use of computer programs to make decisions or determinations (1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act: (a) make a decision or determination; or (b) exercise any power or comply with any obligation; or (c) do anything else related to making a decision or determination or exercising a power or complying with an obligation. (1A) Subsection (1) does not apply to the following: (a) a decision or determination that the death of a person is not a service death; (b) a decision or determination that an injury sustained by a person is not a service injury; (c) a decision or determination that a disease contracted by a person is not a service disease. (2) For the purposes of this Act or the legislative instrument, the Commission is taken to have: (a) made a decision or determination; or (b) exercised a power or complied with an obligation; or (c) done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation; that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1). Substituted decisions or determinations (3) The Commission may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision or determination made by the operation of the computer program is incorrect. Note: For review of a determination made in substitution, see Chapter 8. (4) Subsection (3) does not limit Chapter 8 (about reconsideration and review of determinations). 5 Definitions (1) In this Act: actual earnings: (a) in Part 3 of Chapter 4—has the meaning given by subsection 89(3); and (b) in Part 4 of Chapter 4—has the meaning given by subsection 132(1). aggravated injury or disease means an injury or disease that is a service injury or disease because of paragraph 27(d), subsection 29(2) or section 30 (aggravations etc.) (and only because of that paragraph, subsection or section). appointed Commission member means a Commission member described in paragraph 364(1)(b). approved program provider has the meaning given by section 41. approved rehabilitation program has the meaning given by section 41. attendant care services has the meaning given by section 213. Australian Defence Force Cadets has the meaning given by the Defence Act 1903. Board means the Veterans' Review Board constituted under the Veterans' Entitlements Act 1986. cadet means a member of the Australian Defence Force cadets. child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. civilian work means work other than as a member of the Defence Force. claimant means a person who has made a claim under section 319. clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme: (b) a payment known as an energy supplement or a quarterly energy supplement; (c) an increase that is described using the phrase "energy supplement" and affects the rate of another payment that is provided for by the Act or scheme. clean energy payment means energy supplement. clean energy underlying payment means: (a) compensation under Part 2 of Chapter 4 (whether weekly compensation or a lump sum); or (b) Special Rate Disability Pension; or (c) compensation under Division 2 of Part 2 of Chapter 5 (whether weekly compensation or a lump sum). Comcare means the body corporate established by section 68 of the Safety, Rehabilitation and Compensation Act 1988. Commission means the Military Rehabilitation and Compensation Commission established by section 361. Commission Chair means the Chair of the Commission. Commission member means a member of the Commission (including the Commission Chair). Commonwealth superannuation scheme means: (aa) for the purposes of the following provisions: (i) sections 89A and 89B; (ii) Division 7 of Part 3 of Chapter 4; (iii) sections 416 to 418 (to the extent to which they relate to compensation under Part 3 of Chapter 4); any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015; or (a) if a person's normal earnings are worked out (or would be worked out if the person had not chosen a Special Rate Disability Pension) under: (i) Subdivision D of Division 4 of Part 4 of Chapter 4; or (ii) Division 5 of Part 4 of Chapter 4; or (iia) sections 126 and 126A; (iii) Subdivision D of Division 8 of Part 4 of Chapter 4; any superannuation scheme under which or to which, or retirement savings account to which, the Commonwealth or a Commonwealth authority makes contributions on behalf of employees (other than members of the Defence Force) and includes a superannuation scheme established or maintained by the Commonwealth or a Commonwealth authority and the Australian Defence Force Cover Act 2015; or (b) otherwise—any superannuation scheme under which the Commonwealth makes contributions on behalf of members of the Defence Force or the Australian Defence Force Cover Act 2015. Note: Section 14 affects the operation of paragraph (a) of this definition. compensable treatment has the meaning given by section 289. compensation means compensation under this Act, including the following: (a) alterations provided, or aids and appliances provided or repaired, under section 56; (b) a Special Rate Disability Pension under Part 6 of Chapter 4; (c) MRCA supplement under section 221, 245 or 300; (d) education or training provided under the education scheme mentioned in Division 6 of Part 3 of Chapter 5; (e) treatment provided under Chapter 6; (f) clean energy payments. continuous full‑time Reservist means a member of the Reserves on continuous full‑time service. continuous full‑time service (CFTS) means defence service of a continuous nature that is rendered by a member of the Reserves. date of the member's death for a deceased member means the date determined under section 343 for the member. deceased member means a person: (a) who has died; and (b) who was a member or former member before his or her death. declared member means a person to whom a determination under section 8 applies. Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister. Defence Force means: (a) the Permanent Forces; and (b) the Reserves. Defence Minister means the Minister administering section 1 of the Defence Act 1903. defence service has the meaning given by paragraph 6(1)(d). dental practitioner means a person registered or licensed as a dental practitioner or dentist under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists. dependant has the meaning given by section 15. dependent means dependent for economic support. disease means: (a) any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or (b) the recurrence of such an ailment, disorder, defect or morbid condition; but does not include: (c) the aggravation of such an ailment, disorder, defect or morbid condition; or (d) a temporary departure from: (i) the normal physiological state; or (ii) the accepted ranges of physiological or biochemical measures; that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels). duty, for a cadet or a declared member, has the meaning given by section 9. Note: Duty has its ordinary meaning for other kinds of members. eligible young person means: (a) a person under 16; or (b) a person who: (i) is 16 or more but under 25; and (ii) is receiving full‑time education at a school, college, university or other educational institution; and (iii) is not in full‑time employment or engaged in work full‑time on his or her own account. energy supplement means energy supplement payable under section 83A, 209A or 238A. expense allowance means an allowance paid in respect of any expense incurred, or likely to be incurred, by a person in respect of the person's work. former member means a person who has ceased to be a member. Note: A cadet or a part‑time Reservist who is unlikely to be able to perform his or her duties in the future as a result of an incapacity might be taken to be a former member (see section 10). full‑time service means defence service as: (a) a Permanent Forces member; or (b) a continuous full‑time Reservist. hospital or other institution includes the following: (a) a home; (b) a hostel; (c) a medical centre; (d) an out‑patient clinic; (e) a rehabilitation or training establishment. household services has the meaning given by section 213. impairment, in relation to a person, means the loss, the loss of the use, or the damage or malfunction, of any part of the person's body, of any bodily system or function, or of any part of such a system or function. impairment points of a person means the points worked out for the person using the guide determined under section 67. incapacitated person: (a) in Division 5 of Part 4 of Chapter 4—has the meaning given by section 152; and (b) in Division 6 of Part 4 of Chapter 4—has the meaning given by section 160; and (c) in Division 7 of Part 4 of Chapter 4—has the meaning given by section 163; and (d) in Division 8 of Part 4 of Chapter 4—has the meaning given by section 166. incapacitated Reservist: (a) in Division 3 of Part 3 of Chapter 4—has the meaning given by section 94; and (b) in Division 4 of Part 3 of Chapter 4—has the meaning given by section 103; and (c) in Division 5 of Part 3 of Chapter 4—has the meaning given by section 107. incapacity for service, in relation to a person who has sustained an injury or contracted a disease, means an incapacity of the person to engage in the defence service that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged. Note: For example, a person might be unable to engage in defence service at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours. incapacity for service or work means incapacity for service or incapacity for work. incapacity for work, in relation to a person who has sustained an injury or contracted a disease, means: (a) an incapacity of the person to engage in the work that he or she was engaged in before the onset of the incapacity, at the same level at which he or she was previously engaged; or (b) if the person was not previously engaged in work, an incapacity of the person to engage in any work that it is reasonably likely that he or she would otherwise be engaged in. Note: For example, a person might be unable to engage in work at the same level at which he or she was engaged before the incapacity because the person is unable to perform all of his or her previous duties or is unable to work his or her normal weekly hours. indexation year means the financial year commencing on 1 July 2003, and each subsequent financial year. initial training for a person means: (a) for an officer (other than a non‑commissioned officer)—training undertaken to become a commissioned officer; and (b) otherwise—recruit training and initial employment training undertaken to allocate the person to a category of defence work. injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include: (a) a disease; or (b) the aggravation of a physical or mental injury. legal personal representative means: (a) the executor of the will, or the administrator of the estate, of a deceased person; or (b) the trustee of the estate of a person under a legal disability; or (c) a person who holds an enduring power of attorney granted by another person; or (d) a person who, by order of a court or otherwise, has the legal administration or control of the affairs of another person. medical aid of a person means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, that is used by the person. medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. member means: (a) a member of the Defence Force; or (b) a cadet; or (ba) a person to whom section 7A applies; or (c) a declared member. non‑warlike service has the meaning given by paragraph 6(1)(b). normal earnings: (a) in Part 3 of Chapter 4—has the meaning given by subsection 89(3); (b) in Part 4 of Chapter 4—has the meaning given by subsection 132(2). normal weekly hours has the meaning given by subsection 132(2). onset date, for a person's incapacity for service or work, means the date determined under section 342 for the person. overtime includes: (a) time spent performing duties on shifts or on Saturdays, Sundays or other holidays; and (b) excess travelling time; that does not count towards the average number of hours worked. parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this subsection. partner of a member means a person in respect of whom at least one of the following applies: (a) if the member is a member of the Aboriginal race of Australia or a descendant of Indigenous inhabitants of the Torres Strait Islands—the person is recognised as the member's husband, wife or spouse by the custom prevailing in the tribe or group to which the member belongs; (b) the person is legally married to the member; (ba) a relationship between the person and the member (whether the person and the member are the same sex or different sexes) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; (c) the person (whether of the same sex or a different sex to the member): (i) is, in the Commission's opinion (see subsection (2)), in a de facto relationship with the member; and (ii) is not an ancestor, descendant, brother, sister, half‑brother or half‑sister of the member (see subsection (3)). Note: This section also applies to former members (see section 20). part‑time Reservist means a member of the Reserves who is not on continuous full‑time service. pay‑related allowance means an allowance specified in a determination under section 11. peacetime service has the meaning given by paragraph 6(1)(c). pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991. Permanent Forces has the same meaning as in the Defence Act 1903. Permanent Forces member means a member of the Permanent Forces. pharmaceutical benefits has the same meaning as in section 91 of the Veterans' Entitlements Act 1986. pharmaceutical benefits determination: see subsection 286(3). practising lawyer means a person who is admitted to the legal profession by a federal court or a Supreme Court of a State or Territory and who holds a practising certificate (however described) entitling the person to practise that profession. practitioner means a person: (a) who is a medical practitioner; or (b) who is a dental practitioner. registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. rehabilitation authority has the meaning given by section 39. rehabilitation program has the meaning given by section 41. related person of a member has the meaning given by subsection 15(2). Repatriation Commission means the body corporate continued in existence by section 179 of the Veterans' Entitlements Act 1986. Repatriation Medical Authority means the body corporate established under section 196A of the Veterans' Entitlements Act 1986. Reserves has the same meaning as in the Defence Act 1903. retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997. Secretary means Secretary of the Department. service death has the meaning given by section 28 and subsection 29(3). service disease has the meaning given by section 27, subsections 29(1) and (2) and section 30. Note: A reference to a service disease being contracted includes a reference to a disease being aggravated by defence service (see section 7). service injury has the meaning given by section 27, subsections 29(1) and (2) and section 30. Note: A reference to a service injury being sustained includes a reference to an injury being aggravated by defence service (see section 7). service injury, disease or death means a service injury, a service disease or a service death. service injury or disease means a service injury or a service disease. Special Rate Disability Pension has the meaning given by section 198. SRC Minister means the Minister administering Division 3 of Part VII of the Safety, Rehabilitation and Compensation Act 1988. Statement of Principles means a Statement of Principles made under section 196B of the Veterans' Entitlements Act 1986. stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner. step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person's step‑parent except that he or she is not legally married to the person's parent. suitable work for a person means work for which the person is suited having regard to the following: (a) the person's age, experience, training, language and other skills; (b) the person's suitability for rehabilitation or vocational retraining; (c) if work is available in a place that would require the person to change his or her place of residence—whether it is reasonable to expect the person to change his or her place of residence; (d) any other relevant matter. treatment has the meaning given by section 13. treatment determination: see subsection 286(4). Tribunal means the Administrative Review Tribunal. trust funds, in respect of a trustee of payments of compensation, means the following: (a) the amounts of compensation received by the trustee; (b) interest on those amounts; (c) investments of the compensation or interest; (d) returns received on those investments. Veterans' Affairs Minister means the Minister administering the Veterans' Entitlements Act 1986. vocational assessment and rehabilitation has the meaning given by section 41. warlike service has the meaning given by paragraph 6(1)(a). wholly dependent partner of a deceased member means a person: (a) who was the partner of the member immediately before his or her death; and (b) who was wholly dependent on the member at that time. Note: A partner who was living with a deceased member immediately before the member's death is taken to have been wholly dependent on the partner (see section 17). work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). (2) For the purposes of subparagraph (c)(i) of the definition of partner in subsection (1), section 11A of the Veterans' Entitlements Act 1986 applies to the forming of the Commission's opinion about whether a person and a member are in a de facto relationship. (3) For the purposes of subparagraph (c)(ii) of the definition of partner in subsection (1), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child. 6 Kinds of service to which this Act applies (1) In this Act: (a) warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be warlike service for the purposes of this Act; and (b) non‑warlike service means service with the Defence Force that is of a kind determined in writing by the Defence Minister to be non‑warlike service for the purposes of this Act; and (c) peacetime service means any other service with the Defence Force; and (d) defence service means warlike service, non‑warlike service or peacetime service. Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901). (2) For the purposes of subsection (1), service with the Defence Force means: (a) for a cadet—participation in the activities of the Australian Defence Force cadets; and (b) for a declared member—engagement in, or performance of, activities or acts specified in the determination under section 8 that applies to the member. 7 Reference to service injury sustained or service disease contracted includes reference to aggravation etc. To avoid doubt, a reference to a service injury being sustained, or a service disease being contracted, at a particular time includes a reference to an injury or disease that is aggravated, or materially contributed to, by defence service at such a time. 7A Classes of members For the purposes of paragraph (ba) of the definition of member in subsection 5(1), this section applies to the following: (a) a person who holds an honorary rank or appointment in the Defence Force and who performs acts at the request or direction of the Defence Force; (b) a person who performs acts at the request or direction of the Defence Force as an accredited representative of a registered charity (where the accreditation is by the Defence Force); (c) a person who is receiving assistance under the Career Transition Assistance Scheme established under a determination under section 58B of the Defence Act 1903 and who performs acts in connection with the scheme. 8 Ministerial determinations that other people are members (1) The Defence Minister may make a written determination that a person, or a class of persons, who engage, or have engaged, in activities, or who perform, or have performed, acts: (a) at the request or direction of the Defence Force; or (b) for the benefit of the Defence Force; or (c) in relation to the Defence Force, under a requirement made by or under a Commonwealth law; are taken to be, or to have been, members for the purposes of this Act. Note: The determination may be varied or revoked (see subsection 33(3) of the Acts Interpretation Act 1901). (2) The determination must specify: (a) the date (which may be retrospective) from which the determination applies; and (b) the person, or class of persons, to whom the deter