Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth)

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 No. 156, 1988 Compilation No. 16 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 that shows the text of the law as amended and in force on 21 February 2025 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part I—Preliminary 1 Short title 2 Commencement 3 Application of Act 3A Secretary may arrange for use of computer programs to make decisions or determinations 4 Interpretation 4AA Application of this Act 5 Employees 5A Definition of injury 5B Definition of disease 6 Injury arising out of or in the course of employment 6A Injury arising out of or in the course of employment—extended operation 7 Provisions relating to diseases 8 Normal weekly earnings 9 Relevant period 10 Recovery of damages 11 Liability of relevant authority 12 Amounts of compensation 13 Indexation—Consumer Price Index 13AA Indexation—Wage Price Index 13A Application of Criminal Code Part II—Compensation Division 1—Injuries, property loss or damage, medical expenses 14 Compensation for injuries 15 Compensation for loss of or damage to property used by employee 16 Compensation in respect of medical expenses etc. Division 2—Injuries resulting in death 17 Compensation for injuries resulting in death 18 Compensation in respect of funeral expenses Division 3—Injuries resulting in incapacity for work 19 Compensation for injuries resulting in incapacity 20 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension 21 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit 21A Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit 22 Compensation where employee is maintained in a hospital 23 Compensation for incapacity not payable in certain cases Division 4—Injuries resulting in impairment 24 Compensation for injuries resulting in permanent impairment 25 Interim payment of compensation 26 Payment of compensation 27 Compensation for non‑economic loss 28 Approved Guide Division 5—Household and attendant care services 29 Compensation for household services and attendant care services obtained as a result of a non‑catastrophic injury 29A Compensation for household services and attendant care services obtained as a result of a catastrophic injury Division 6—Miscellaneous 30 Redemption of compensation 31 Recurrent payments after payment of lump sum 32 Cancelled determinations not to affect certain payments of compensation 33 Reduction of compensation in certain cases Part III—Rehabilitation 36 Assessment of capability of undertaking rehabilitation program 37 Provision of rehabilitation programs 38 Review of certain determinations by the MRCC 39 Compensation payable in respect of certain alterations etc. 40 Duty to provide suitable employment 40A Scheme may provide for payments to employers 41 Rehabilitation authorities to comply with guidelines 41A Delegation by rehabilitation authority Part IIIA—Acute support 41B Acute support package Part IV—Liabilities arising apart from this Act 42 Interpretation 43 Certain persons may request cessation of compensation payments 44 Action for damages not to lie against Commonwealth etc. in certain cases 45 Actions for damages—election by employees 46 Notice of common law claims against third party 47 Notice of common law claims against Commonwealth 48 Compensation not payable where damages recovered 49 Dependants not claiming compensation 50 Common law claims against third parties 51 Payment of damages by persons to the Commonwealth 52 Compensation not payable both under Act and under award 52A The Commonwealth's rights and obligations in respect of certain action for non‑economic loss Part V—Claims for compensation 53 Notice of injury or loss of, or damage to, property 54 Claims for compensation 55 Survival of claims 56 Claims may not be made in certain cases 57 Power to require medical examination 58 Power to request the provision of information 59 Certain documents to be supplied on request Part VI—Reconsideration and review of determinations 60 Interpretation 60A Application of this Part to decisions about acute support packages 61 Determinations to be notified in writing 62 Reconsideration of determinations 63 Reviewable decision to be notified in writing 64 Applications to the Administrative Review Tribunal 65 Modifications of the Administrative Review Tribunal Act 2024 66 Evidence in proceedings before Administrative Review Tribunal 67 Costs of proceedings before Administrative Review Tribunal Part IX—Miscellaneous 109A Jurisdiction of courts with respect to extraterritorial offences 109 Determinations to be in writing 110 Money paid to relevant authority for benefit of person 111 Provisions applicable on death of beneficiary 112 Assignment, set‑off or attachment of compensation 112A Making of compensation payments through employers of employees paid out of relevant money 112B Making of compensation payments through employers of employees not paid out of relevant money 113 Recovery of amounts due to the Commonwealth 114 Recovery of overpayments 114A Notice to the MRCC of retirement of employee 114B Recovery of overpayment to retired employee 114C The MRCC may write off debt 114D The MRCC may waive debt 115 Deduction of overpayments of repatriation pensions 116 Employees on compensation leave 118 Double benefits 119 Compensation where State compensation payable 120 Notice of departure from Australia etc. 121B Regulations modifying the operation of this Act 122 Regulations 122A Legislative rules Part X—Transitional provisions Division 1—Preliminary 123 Interpretation 123A Injuries suffered before the commencing day Division 2—Transitional provisions 124 Application of Act to pre‑existing injuries 125 Payments under previous Acts 126 Notices, claims etc. under previous Acts 127 Settlements and determinations under previous Acts 128 Liability under previous Acts 129 Application for review and other proceedings under previous Acts 129A Reconsideration and review of certain determinations under 1971 Act 130 Money and investments held under 1971 Act Division 3—Special transitional provisions relating to certain former employees 131 Former employees under 65 who are in receipt of superannuation benefits and are unable to engage in any work 132 Former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in any work 132A Former employees under 65 who are capable of engaging in any work 133 Minimum benefit payable 134 Reduction of compensation on reaching pension age 135 Former employees 65 and over who are in receipt of superannuation benefits 136 Former employees 65 and over who are not in receipt of superannuation benefits 137 Redemption on request by former employee Part XI—Operation of this Act in relation to certain defence‑related injuries and deaths etc. Division 1—Preliminary 140 Simplified outline of this Part 141 Definitions Division 2—Management of defence‑related claims 142 Functions of MRCC 143 Giving copies of defence‑related claims etc. 144 Provisions relating to management of claims etc. Division 2A—Treatment of certain defence‑related injuries 144A Persons entitled to treatment under other legislation not entitled to certain compensation 144B Treatment of certain defence‑related injuries to be provided under the MRCA or the Veterans' Entitlements Act 1986 144C Exceptional circumstances determination Division 3—Administrative matters 145 Relevant authority 146 Rehabilitation authority etc. 147 Notice to the Chief of the Defence Force 148 Rehabilitation programs 149 Directions by Minister 151 MRCC may obtain information etc. 151AA Self‑incrimination 151A Giving information 152 Delegation 154 Settlements and determinations etc. under the 1912 Act, the 1930 Act or the 1971 Act Division 5—Modifications relating to Comcare and Defence Department for employees who are engaged in defence service 157 Application of certain provisions to Defence Department Division 6—Appropriation 160 Appropriation Division 7—Annual report 161 Annual report Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the rehabilitation and treatment of, and compensation for, members of the Defence Force, and for related purposes Part I—Preliminary 1 Short title This Act may be cited as the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988. 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 Provisions Commencement Date/Details 1. The whole of this Act 12 October 2017. 12 October 2017 Note 1: 12 October 2017 was 28 days after the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 received the Royal Assent (see section 2 of and Schedule 1 to that Act). Note 2: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Application of Act This Act extends to all places outside Australia, including the external Territories. 3A 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 MRCC 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 a disease suffered by an employee was not contributed to, to a significant degree, by the employee's employment by the Commonwealth or a licensee; (b) a decision or determination that an injury (other than a disease) to an employee did not arise out of, or in the course of, his or her employment; (c) a decision or determination that an aggravation of an injury (other than a disease) suffered by an employee is not an aggravation that arose out of, or in the course of, his or her employment. (2) For the purposes of this Act or the legislative instrument, the MRCC 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 MRCC 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 MRCC is taken to have made under paragraph (2)(a) if the MRCC is satisfied that the decision or determination made by the operation of the computer program is incorrect. Note: For review of a decision or determination made in substitution, see Part VI. (4) Subsection (3) does not limit Part VI (about reconsideration and review of determinations). 4 Interpretation (1) In this Act, unless the contrary intention appears: action for non‑economic loss means any action (whether or not it involves the formal institution of a proceeding) to recover an amount for damages for non‑economic loss sustained by an employee as a result of an injury suffered by that employee: (a) that is taken by the employee against the employer, whether it is the Commonwealth, a Commonwealth authority or a licensed corporation, or against another employee; and (b) that follows an election made by the first‑mentioned employee under subsection 45(1). aggravation includes acceleration or recurrence. ailment means any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development). approved Guide means: (a) the document, prepared by the MRCC in accordance with section 28 under the title "Guide to the Assessment of the Degree of Permanent Impairment", that has been approved by the Minister and is for the time being in force; and (b) if an instrument varying the document has been approved by the Minister—that document as so varied. approved program provider has the same meaning as in section 41 of the MRCA. attendant care services, in relation to an employee, means services (other than household services, medical or surgical services or nursing care) that are required for the essential and regular personal care of the employee. catastrophic injury means an injury, where the conditions specified in the legislative rules are satisfied. 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. claim means a claim under Part V. claimant, in relation to a time after the death of a claimant, has the meaning given in subsection (11). Comcare means the body corporate established by section 68 of the SRC Act. Commonwealth authority means: (a) a body corporate that is incorporated for a public purpose by a law of the Commonwealth, other than a body declared by the Minister, by legislative instrument, to be a body corporate to which this Act does not apply; or (b) a body corporate that is incorporated for a public purpose by a law of a Territory (other than a law of the Australian Capital Territory or the Northern Territory) and is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or (c) a body corporate: (i) that is incorporated under a law of the Commonwealth or a law in force in a State or Territory; (ii) in which: (A) the Commonwealth has a controlling or substantial interest; or (B) a Territory (other than the Australian Capital Territory or the Northern Territory) or a body corporate referred to in paragraph (a) or (b) has a controlling interest; and (iii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or (d) a body corporate: (i) in which a body corporate declared under paragraph (c) has a controlling interest; and (ii) that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies. compensation leave means any period during which an employee is absent from his or her employment due to an incapacity for work resulting from an injury in respect of which compensation is payable under section 19 or 22. controlling interest, in relation to a body corporate, means an interest in the body corporate that enables the person holding the interest to: (a) control the composition of the board of directors of the body corporate; or (b) cast, or control the casting of, more than one‑half of the maximum number of votes that might be cast at a general meeting of the body corporate; or (c) control more than one‑half of the issued share capital of the body corporate (excluding any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital). CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004. damages includes any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with legal proceedings. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. Defence Department has the meaning given by the MRCA. dependant, in relation to a deceased employee, means: (a) the spouse, parent, step‑parent, father‑in‑law, mother‑in‑law, grandparent, child, stepchild, grandchild, sibling or half‑sibling of the employee; or (b) a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee; being a person who was wholly or partly dependent on the employee at the date of the employee's death. Note: See also subsection 4(2). dependent means dependent for economic support. disease has the meaning given by section 5B. employee has the meaning given in section 5. Entity means: (a) an Agency, within the meaning of the Public Service Act 1999, that is not a Commonwealth authority; or (b) a Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or (c) a person, body, organisation or group of persons prescribed for this paragraph. household services, in relation to an employee, means services of a domestic nature (including cooking, house cleaning, laundry and gardening services) that are required for the proper running and maintenance of the employee's household. impairment means the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function. injury has the meaning given by section 5A. legislative rules means rules made under section 122A. loss, in relation to property used by an employee, includes the destruction of that property. medical treatment means: (a) medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or (b) therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or (c) dental treatment by, or under the supervision of, a legally qualified dentist; or (d) therapeutic treatment by, or under the supervision of, a physiotherapist, osteopath, masseur or chiropractor registered under the law of a State or Territory providing for the registration of physiotherapists, osteopaths, masseurs or chiropractors, as the case may be; or (e) an examination, test or analysis carried out on, or in relation to, an employee at the request or direction of a legally qualified medical practitioner or dentist and the provision of a report in respect of such an examination, test or analysis; or (f) the supply, replacement or repair of an artificial limb or other artificial substitute or of a medical, surgical or other similar aid or appliance; or (g) treatment and maintenance as a patient at a hospital; or (h) nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or (i) any other form of treatment that is prescribed for the purposes of this definition. MRCA means the Military Rehabilitation and Compensation Act 2004. MRCA commencement date means the date on which section 3 of the MRCA commences. MRCC means the Military Rehabilitation and Compensation Commission. non‑economic loss, in relation to an employee who has suffered an injury resulting in a permanent impairment, means loss or damage of a non‑economic kind suffered by the employee (including pain and suffering, a loss of expectation of life or a loss of the amenities or enjoyment of life) as a result of that injury or impairment and of which the employee is aware. normal weekly earnings means the normal weekly earnings of an employee calculated under section 8. normal weekly hours, in relation to an employee, means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2). overtime includes: (a) any duty on shifts or on Saturdays, Sundays or other holidays; and (b) excess travelling time. 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 section. pension age has the meaning given by subsection 23(5A), (5B), (5C) or (5D) of the Social Security Act 1991. permanent means likely to continue indefinitely. place of residence, in relation to an employee, means: (a) the place where the employee normally resides; (b) a place, other than the place referred to in paragraph (a), where the employee resides temporarily, as a matter of necessity or convenience, for the purposes of his or her employment; or (c) any other place where the employee stays, or intends to stay, overnight, a journey to which from the employee's place of work does not substantially increase the risk of sustaining an injury when compared with the journey from his or her place of work to the place referred to in paragraph (a). place of work, in relation to an employee, includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment. pre‑determination period, in relation to a claim by an employee for compensation under Division 3 of Part II, means the period from the start of the day when the employee is injured until the end of the day on which the MRCC determines the claim. prescribed child means: (a) a person under 16; or (b) a person who: (i) is 16 or more but under 25; (ii) is receiving full‑time education at a school, college, university or other educational institution; and (iii) is not ordinarily in employment or engaged in work on his or her own account. principal officer, in relation to a Commonwealth authority, means: (a) the person who constitutes, or is acting as the person who constitutes, the authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present; or (b) if the affairs of the authority are administered or managed by a board or other group of persons—the person who is entitled to preside at any meeting of that board or other group at which he or she is present. principal officer, in relation to an Entity, means: (a) if the Entity is an Agency that is not a Commonwealth authority—the Agency Head within the meaning of the Public Service Act 1999; or (b) if the Entity is a Parliamentary Department—the Secretary of the Parliamentary Department within the meaning of the Parliamentary Service Act 1999; or (c) if the Entity is a person, body, organisation or group of persons prescribed for paragraph (c) of the definition of Entity—the person prescribed as the principal officer. proceeding under Part VI has the meaning given in subsection (12). property used by an employee means an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance, used by the employee. rehabilitation authority, in relation to an employee and a defence‑related claim, means the rehabilitation authority applicable under subsection 39(3) of the MRCA. rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in‑patient or out‑patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training. related person of another person means: (a) any of the following: (i) the spouse of the other person; (ii) a parent or step‑parent of the other person; (iii) a parent or step‑parent of the partner of the other person; (iv) a grandparent of the other person; (v) a child or stepchild of the other person; (vi) a child or stepchild of the partner of the other person; (vii) a grandchild of the other person; (viii) a sibling or half‑sibling of the other person; or (b) a person in respect of whom the other person stands in the position of a parent; or (c) a person who stands in the position of a parent to the other person. relevant authority means: (a) 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—the MRCC; or (b) in relation to liability to pay an amount, a debt being due or the receipt of an amount—the Commonwealth. relevant money has the same meaning as in the Public Governance, Performance and Accountability Act 2013. relevant period means the period calculated under section 9. retirement savings account means a retirement savings account within the meaning of the Retirement Savings Accounts Act 1997. Secretary means Secretary of the Department. significant degree has the meaning given by subsection 5B(3). spouse includes: (a) in relation to an employee or a deceased employee—a person who is, or immediately before the employee's death was, a de facto partner of the employee; and (b) in relation to an employee or a deceased employee who is or was a member of the Aboriginal race of Australia or a descendant of indigenous inhabitants of the Torres Strait Islands—a person who is or was recognised as the employee's husband, wife or spouse by the custom prevailing in the tribe or group to which the employee belongs or belonged. SRC Act means the Safety, Rehabilitation and Compensation Act 1988. stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto 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 de facto 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. substantial interest, in relation to a body corporate, means an interest (other than a controlling interest) in the body corporate that enables the person holding the interest to cast, or control the casting of, a number of votes at a general meeting of the body corporate that is equal to or greater than the number of votes which may be cast, or whose casting may be controlled, by any other single person. suitable employment, in relation to an employee who has suffered an injury in respect of which compensation is payable under this Act, means: (a) in the case of an employee who was a permanent employee of the Commonwealth on the day on which he or she was injured and who continues to be so employed—employment by the Commonwealth in work for which the employee is suited having regard to: (i) the employee's age, experience, training, language and other skills; (ii) the employee's suitability for rehabilitation or vocational retraining; (iii) where employment is available in a place that would require the employee to change his or her place of residence—whether it is reasonable to expect the employee to change his or her place of residence; and (iv) any other relevant matter; and (b) in any other case—any employment (including self‑employment), having regard to the matters specified in subparagraphs (a)(i), (ii), (iii) and (iv). superannuation amount, in relation to a pension received by an employee in respect of a week, or a lump sum benefit received by an employee, being a pension or benefit under a superannuation scheme, means an amount equal to: (a) if the scheme identifies a part of the pension or lump sum as attributable to the contributions made under the scheme by the Commonwealth, Commonwealth authority or licensed corporation—the amount of that part; or (b) in any other case—the amount assessed by the relevant authority to be the part of the pension or lump sum that is so attributable or, if such an assessment cannot be made, the amount of the pension received by the employee in respect of that week or the amount of the lump sum, as the case requires. superannuation scheme means any superannuation scheme under which, or retirement savings account to which, the Commonwealth, a Commonwealth authority or a licensed corporation makes contributions on behalf of employees and includes a superannuation or provident scheme established or maintained by the Commonwealth, a Commonwealth authority or a licensed corporation. the 1912 Act means the Commonwealth Workmen's Compensation Act 1912. the 1930 Act means the Commonwealth Employees' Compensation Act 1930. the 1971 Act means the Compensation (Commonwealth Government Employees) Act 1971. therapeutic treatment includes an examination, test or analysis done for the purpose of diagnosing, or treatment given for the purpose of alleviating, an injury. (2) For the purposes of this Act, relationships (including the relationship of being family or being relatives) are taken to include (without limitation): (a) relationships between de facto partners; and (b) relationships of child and parent that arise: (i) if someone is an exnuptial or adoptive child of a person; or (ii) because of the definitions of child and parent in this section; and (c) relationships traced through relationships referred to in paragraphs (a) and (b). (3) For the purposes of this Act, any physical or mental injury or ailment suffered by an employee as a result of medical treatment of an injury shall be taken to be an injury if, but only if: (a) compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and (b) it was reasonable for the employee to have obtained that medical treatment in the circumstances. 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)). (4) For the purposes of this Act, a person shall be taken to have been wholly or partly dependent on an employee at the date of the employee's death if the person would have been so dependent but for an incapacity of the employee that resulted from an injury. (5) For the purposes of this Act, a person who, immediately before the date of an employee's death, lived with the employee and was: (a) the spouse of the employee; or (b) a child of the employee, being a prescribed child; shall be taken to be a person who was wholly dependent on the employee at that date. (6) For the purposes of this Act, other than subsection 17(5), a child of a deceased employee who was born alive after the employee's death shall be treated as if he or she had been born immediately before the employee's death and was wholly dependent upon the employee at the date of the employee's death. (7) In ascertaining, for the purposes of this Act, whether a child is or was dependent