Military Rehabilitation and Compensation Regulations 2020

Contents

Part 1 · Preliminary

1Name#

This instrument is the Military Rehabilitation and Compensation Regulations 2020.

3Authority#

This instrument is made under the Military Rehabilitation and Compensation Act 2004.

5Definitions#

Note 1: A number of expressions used in this instrument are defined in the Act, including the following:

(a) cadet;

(b) Commission;

(d) former member.

Note 2: A declared member, or member, includes a person who is the subject of a determination under subsection 8(1) of the Act.

In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

casual work: a person who is in casual work means a person who:

(a)is employed on a casual or irregular basis; and

(b)is aged 16 years or over.

Human Services Department means a Department, or Executive Agency, administered by the Minister administering the Human Services (Centrelink) Act 1997.

initial planning session, for a person, means the initial session mentioned in 18D(3)(a) for the person.

remunerated cadet means an individual who:

(a)is an Officer of Cadets or an Instructor of Cadets; and

(b)is remunerated for the individual’s service as a cadet.

social security law has the same meaning as in section 23 of the Social Security Act 1991.

transition day, for a person, means the day after the person ceases to be a Permanent Forces member.

Part 2 · Matters relating to cadets

Division 1 · Working out compensation for serving cadets

6Normal and actual earnings—cadet engaged in paid civilian work at time of incapacity#

(1)For the purposes of section 116 of the Act, this section applies to a cadet who:

(a)for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)was a cadet when the service injury was sustained or the service disease was contracted; and

(c)was engaged in paid civilian work that was not casual work at the time of the cadet’s incapacity; and

(d)is not a person who is unable to continue full-time studies or enter the workforce as a result of the incapacity.

(2)The cadet’s normal earnings for a week is the amount worked out by:

(a)treating the cadet as if the cadet were an incapacitated Reservist mentioned in section 94 of the Act; and

(b)assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of:

(i)if the person is a remunerated cadet—the total worked out under subsection (3) of this section; or

(ii)in any other case—nil; and

(c)working out the amount that would be the cadet’s normal earnings if the cadet were an incapacitated Reservist.

(3)For the purposes of subparagraph (2)(b)(i), work out the total of:

(a)an amount determined by the Commission having regard to the cadet’s rate of pay; and

(b)if the cadet is also a member of the Permanent Forces or the Reserves—any normal ADF pay earned by the cadet.

(4)The cadet’s actual earnings for a week is the amount worked out by:

(a)treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)working out, for the application of section 101 of the Act, the cadet’s actual ADF pay; and

(c)working out the amount that would be the cadet’s actual earnings if the cadet were an incapacitated Reservist.

7Normal and actual earnings—cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity#

(1)For the purposes of section 116 of the Act, this section applies to a cadet who, at the time of the cadet’s incapacity, was:

(a)for a week referred to in this section, incapacitated for either or both service or work as a result of a service injury or disease; and

(b)a cadet when the service injury was sustained or the service disease was contracted; and

(c)a person who was:

(i)not engaged in paid civilian work; or

(ii)only engaged in casual work.

Cadet’s normal earnings for a week

(2)The cadet’s normal earnings for a week is the amount worked out by:

(a)treating the cadet as if the cadet were an incapacitated Reservist mentioned in section 94 of the Act; and

(b)assuming, for the application of section 95 of the Act, that the cadet would have a civilian component of:

(i)if subsection (3) of this section applies—an amount determined by the Commission, having regard to the cadet’s qualifications, skills and experience; or

(ii)otherwise—nil; and

(c)assuming, for the application of section 95 of the Act, that the cadet would have an ADF component of:

(i)if the person is a remunerated cadet—the total worked out under subsection (4) of this section; or

(ii)otherwise—nil; and

(d)working out the amount that would be the cadet’s normal earnings if the cadet were an incapacitated Reservist.

Cadet’s civilian component requiring Commission determination

(3)For the purposes of subparagraph (2)(b)(i), this subsection applies if:

(a)the cadet is aged 16 years or over; and

(b)the cadet is unable to continue full-time studies or enter the workforce as a result of the incapacity; and

(c)the cadet has undertaken a rehabilitation assessment; and

(d)the cadet:

(i)has undertaken a rehabilitation program; or

(ii)is undertaking a rehabilitation program; or

(iii)is not currently fit to undertake a rehabilitation program; or

(iv)is assessed as not requiring a rehabilitation program.

ADF component for a remunerated cadet

(4)For the purposes of subparagraph (2)(c)(i), work out the total of:

(a)an amount determined by the Commission having regard to the cadet’s rate of pay; and

(b)if the cadet is also a member of the Permanent Forces or the Reserves—any normal ADF pay earned by the cadet.

Cadet’s actual earnings for a week

(5)The cadet’s actual earnings for a week is the amount worked out by:

(a)treating the cadet as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)working out, for the application of section 101 of the Act, the cadet’s actual ADF pay; and

(c)working out the amount that would be the cadet’s actual earnings if the cadet were an incapacitated Reservist.

Division 2 · Working out compensation for former cadets

8Normal earnings and normal weekly hours for person who was a cadet—person engaged in paid civilian work before last ceasing to be member of Defence Force#

(1)For the purposes of section 175 of the Act, this section applies to a person:

(a)who was a cadet; and

(b)who, for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(c)who was a cadet when the service injury was sustained or the service disease was contracted; and

(d)in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and

(e)who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and

(f)who, before last ceasing to be a member of the Defence Force, was a person engaged in civilian work that was not casual work.

(2)The person’s normal earnings for a week is the amount worked out by:

(a)treating the person as if the person were an incapacitated person mentioned in section 152 of the Act; and

(b)assuming, for the application of section 153 of the Act, that the person would have an ADF component of:

(i)if the person was a remunerated cadet—the total worked out under subsection (3) of this section; or

(ii)in any other case—nil; and

(c)working out the amount that would be the person’s normal earnings if the person were an incapacitated person.

(3)For the purposes of subparagraph (2)(b)(i), work out the total of:

(a)an amount determined by the Commission having regard to the person’s rate of pay as a cadet immediately before the date of discharge; and

(b)if the person was a member of the Permanent Forces or the Reserves—any ADF pay earned by the person up to and including the date of discharge.

(4)The person’s normal weekly hours are the number of hours that would be the person’s normal weekly hours worked out under section 158 of the Act as if the person were an incapacitated person.

(5)The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 129 of the Act:

(a)to whom subsection 125(1) of the Act applies; and

(b)if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and

(c)whose actual earnings are worked out in accordance with section 132 of the Act.

9Normal earnings and normal weekly hours for person who was a cadet—person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force#

(1)For the purposes of section 175 of the Act, this section applies to a person:

(a)who was a cadet; and

(b)who, for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(c)who was a cadet when the service injury was sustained or the service disease was contracted; and

(d)in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and

(e)who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and

(f)who, before last ceasing to be a member of the Defence Force:

(i)did not have paid civilian work; or

(ii)was engaged in casual work.

Person’s normal earnings for a week

(2)The person’s normal earnings for a week is the amount worked out by:

(a)treating the person as if the person were an incapacitated person mentioned in section 152 of the Act; and

(b)assuming, for the application of section 153 of the Act, that the person would have a civilian component of:

(i)if subsection (3) of this section applies—an amount determined by the Commission having regard to the person’s qualifications, skills and experience, and assuming that the person’s normal weekly hours are 37.5 hours; or

(ii)otherwise—nil; and

(c)assuming, for the application of section 153 of the Act, that the person would have an ADF component of:

(i)if the person was a remunerated cadet—the total of worked out under subsection (4) of this section; or

(ii)otherwise—nil; and

(d)working out the amount that would be the person’s normal earnings if the person were an incapacitated person; and

(e)treating the person’s normal weekly hours as being 37.5 hours.

Person’s civilian component requiring Commission determination

(3)For the purposes of subparagraph (2)(b)(i), this subsection applies if:

(a)the person is aged 16 years or over; and

(b)the person is unable to continue full-time studies or enter the workforce as a result of the incapacity; and

(c)the person has undertaken a rehabilitation assessment; and

(d)the person:

(i)has undertaken a rehabilitation program; or

(ii)is undertaking a rehabilitation program; or

(iii)is not currently fit to undertake a rehabilitation program; or

(iv)is assessed as not requiring a rehabilitation program.

ADF component for a person who was a remunerated cadet

(4)For the purposes of subparagraph (2)(c)(i), work out the total of:

(a)an amount determined by the Commission having regard to the person’s rate of pay as a cadet immediately before the person ceased being a cadet; and

(b)if the person was also a member of the Permanent Forces or the Reserves—any normal ADF pay earned by the person.

Person’s actual earnings for a week

(5)The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 129 of the Act:

(a)to whom subsection 125(1) of the Act applies; and

(b)if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and

(c)whose actual earnings are worked out in accordance with section 132 of the Act.

Division 3 · Working out compensation for parts of weeks

10Number of days in part of week#

For the purposes of paragraph (b) of the definition of number of days in subsection 196(3) of the Act, the number of days for a cadet is:

(a)if the cadet is engaged in paid employment—the number of days the cadet normally works in a week; or

(b)otherwise—5 days.

Division 4 · Modification of Chapter 2 of the Act for cadets

11Modifications of Chapter 2 of the Act#

For the purposes of subsection 439(1) of the Act, Chapter 2 of the Act applies in respect of cadets as if:

(a)section 32 of the Act did not apply to a serious default or wilful act of a cadet aged under 16 years; and

(b)section 34 of the Act did not apply to a wilful and false representation of a cadet aged under 16 years; and

(c)subsections 35(3), (4) and (5) of the Act did not apply to a cadet who, at the time of the injury, disease, death, aggravation or material contribution, was:

(i)aged under 18 years; and

(ii)under the supervision of a parent of the cadet, or of a responsible adult.

Part 3 · Matters relating to declared members

Division 1 · Working out compensation for declared members

12Normal and actual earnings—declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance#

(1)For the purposes of section 116 of the Act, this section applies to a declared member who:

(a)for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)was a declared member when the service injury was sustained or the service disease was contracted; and

(c)was engaged in paid civilian work at the time of the member’s incapacity and is not undertaking a period of career transition assistance.

(2)The member’s normal earnings for a week is the amount worked out by:

(a)treating the member as if the member were an incapacitated Reservist mentioned in section 94 of the Act; and

(b)assuming, for the application of section 95 of the Act, that the member would have an ADF component of nil; and

(c)working out the amount that would be the member’s normal earnings if the member were an incapacitated Reservist.

(3)The member’s actual earnings for a week is the amount worked out by:

(a)treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)working out the amount that would be the member’s actual civilian earnings if the member were an incapacitated Reservist.

13Normal and actual earnings—declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance#

(1)For the purposes of section 116 of the Act, this section applies to a declared member who:

(a)for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)was a declared member when the service injury was sustained or the service disease was contracted; and

(c)was not engaged in paid civilian work at the time of the member’s incapacity, and is not undertaking a period of career transition assistance.

(2)The member’s normal earnings for a week is the amount worked out by:

(a)treating the member as if the member were an incapacitated Reservist mentioned in section 94 of the Act; and

(b)assuming, for the application of section 95 of the Act, that the member would have a civilian component of:

(i)if subsection (3) of this section applies—an amount determined by the Commission, having regard to the member’s qualifications, skills and experience; or

(ii)otherwise—nil.

(3)For the purposes of subparagraph (2)(b)(i), this subsection applies if:

(a)the member is aged 16 years or over; and

(b)the member is unable to continue full-time studies or enter the workforce as a result of the incapacity; and

(c)the member has undertaken a rehabilitation assessment; and

(d)the member:

(i)has undertaken a rehabilitation program; or

(ii)is undertaking a rehabilitation program; or

(iii)is not currently fit to undertake a rehabilitation program; or

(iv)is assessed as not requiring a rehabilitation program.

(4)The member’s actual earnings for a week is the amount worked out by:

(a)treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)working out the amount that would be the member’s actual civilian earnings if the member were an incapacitated Reservist.

14Normal and actual earnings—incapacitated declared member undertaking career transition assistance#

(1)For the purposes of section 116 of the Act, this section applies to an incapacitated declared member who:

(a)for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)was a declared member when the service injury was sustained or the service disease was contracted; and

(c)was undertaking a period of career transition assistance at the time of the incapacity.

Member has not been discharged

(2)The normal earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were:

(a)a Permanent Forces member or continuous full-time reservist mentioned in section 91 of the Act; and

(b)incapacitated for service.

(3)The actual earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were:

(a)a Permanent Forces member or continuous full-time reservist mentioned in section 92 of the Act; and

(b)incapacitated for service.

Member has been discharged

(4)The normal earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 104 of the Act who was a Permanent Forces member immediately before completing the member’s last period of full-time service.

(5)The actual earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 105 of the Act, and who is incapacitated for service.

Note: For subsections (4) and (5)—a person who has been discharged from the Permanent Forces or the Reserves remains a declared member while undertaking career transition assistance.

Division 2 · Working out compensation for former declared members

15Normal and actual earnings—former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance#

(1)For the purposes of section 175 of the Act, this section applies to a person:

(a)who was a declared member; and

(b)who, for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(c)who was a declared member when the service injury was sustained or the service disease was contracted; and

(d)in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and

(e)who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and

(f)who had paid civilian work before last ceasing to be a member of the Defence Force.

(2)The person’s normal earnings for a week is the amount worked out by:

(a)treating the person as if the person were an incapacitated person mentioned in section 152 of the Act; and

(b)assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and

(c)working out the amount that would be the person’s normal earnings if the person were an incapacitated person; and

(d)working out the number of hours that would be the person’s normal weekly hours if the person were an incapacitated person.

(3)The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 129 of the Act:

(a)to whom subsection 125(1) of the Act applies; and

(b)if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and

(c)whose actual earnings are worked out in accordance with section 132 of the Act.

16Normal and actual earnings—former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance#

(1)For the purposes of section 175 of the Act, this section applies to a person:

(a)who was a declared member; and

(b)who, for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(c)who was a declared member when the service injury was sustained or the service disease was contracted; and

(d)in respect of whom the Commonwealth is liable to pay compensation under section 118 of the Act; and

(e)who has not chosen to receive a Special Rate Disability Pension under Part 6 of Chapter 4 of the Act; and

(f)who did not have paid civilian work before last ceasing to be a member of the Defence Force.

(2)The person’s normal earnings for a week is the amount worked out by:

(a)treating the person as if the person were an incapacitated person mentioned in section 152 of the Act; and

(b)assuming, for the application of section 153 of the Act, that the person would have a civilian component of:

(i)if subsection (3) of this section applies—an amount determined by the Commission, having regard to the person’s qualifications, skills and experience, and assuming that the person’s normal weekly hours are 37.5 hours; or

(ii)otherwise—nil; and

(c)assuming, for the application of section 153 of the Act, that the person would have an ADF component of nil; and

(d)working out the amount that would be the person’s normal earnings if the person were an incapacitated person; and

(e)treating the person’s normal weekly hours as being 37.5 hours.

(3)For the purposes of subparagraph (2)(b)(i), this subsection applies if:

(a)the person is aged 16 years or over; and

(b)the person is unable to continue full-time studies or enter the workforce as a result of the incapacity; and

(c)the person has undertaken a rehabilitation assessment; and

(d)the person:

(i)has undertaken a rehabilitation program;

(ii)is undertaking a rehabilitation program;

(iii)is not currently fit to undertake a rehabilitation program;

(iv)is assessed as not requiring a rehabilitation program.

(4)The actual earnings for a week for a person to whom this section applies is the amount worked out by treating the person as if the person were a person mentioned in section 129 of the Act:

(a)to whom subsection 125(1) of the Act applies; and

(b)if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and

(c)whose actual earnings are worked out in accordance with section 132 of the Act.

17Normal and actual earnings—incapacitated former declared member who undertook career transition assistance#

(1)For the purposes of section 175 of the Act, this section applies to an incapacitated former declared member who has completed a period of career transition assistance who:

(a)for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)was a declared member when the service injury was sustained or the service disease was contracted.

(2)The normal earnings for a week for a member to whom this section applies is the amount worked out by treating the member as if the member were a person mentioned in section 141 of the Act who was a Permanent Forces member immediately before last ceasing to be a member of the Defence Force.

(3)The actual earnings for a week for a member to whom this section applies is the amount worked out by treating the member as if the member were a person mentioned in section 129 of the Act:

(a)to whom subsection 125(1) of the Act applies; and

(b)if, for the purposes of subsection 130(1) of the Act, the number of hours worked by the person exceeds the number mentioned in that subsection—to whom section 130 applies; and

(c)whose actual earnings are worked out in accordance with section 132 of the Act.

Division 3 · Working out compensation for parts of weeks

18Working out compensation for parts of weeks for declared members#

For the purposes of paragraph (b) of the definition of number of days in subsection 196(3) of the Act, the number of days for a declared member is:

(a)if the member is on career transition assistance—5 days; or

(b)if paragraph (a) does not apply, and the member is engaged in paid employment—the number of days the member normally works in a week; or

(c)if neither paragraph (a) nor (b) applies—5 days.

Part 3A · Employment support to former members

Division 1 · Preliminary

18APurpose of this Part#

(1)This Part is made for the purposes of subsection 268D(1) of the Act.

(2)It provides for and in relation to the granting of specified kinds of assistance to certain former members to assist them to transition into civilian work.

Division 2 · Application and eligibility for assistance

18BApplication for assistance#

(1)A person may apply to the Commission for assistance under this Part if:

(a)the person is a former member; and

(b)the transition day for the person is at least 12 months and no more than 5 years before the day the person makes the application.

(2)The application must:

(a)be in a form approved in writing by the Commission; and

(b)include any information, and be accompanied by any documents, required by the Commission.

Division 3 · Eligibility for assistance

18CEligibility criteria#

A person is eligible to be granted assistance under section 18D if:

(a)the person is a former member; and

(b)the transition day for the person is at least 12 months and no more than 5 years before the day the person makes an application under section 18B; and

(c)the person declares in the application that the person:

(i)is unemployed or is underemployed because the person is employed fewer hours than the person would like to work; or

(ii)is seeking assistance to change careers; or

(iii)is seeking assistance to adjust to a civilian workplace; and

(d)the person is not undertaking an approved rehabilitation program; and

(e)the person has not previously been granted assistance to transition into civilian work under section 18D.

Division 4 · Grant of assistance

18DAssistance to transition into civilian work#

(1)The Commission must grant a person assistance to transition into civilian work of a kind specified in subsection (3) if the person:

(a)made an application in accordance with section 18B; and

(b)meets the eligibility criteria mentioned in section 18C;

(2)The grant of assistance under subsection (1) to the person is subject to:

(a)the conditions specified in section 18E; and

(b)the limits on the provision of the assistance specified in section 18F.

(3)For the purposes of subsection (1), the following kinds of assistance are specified:

(a)an initial session to identify and plan what assistance of a kind mentioned in paragraphs (b) to (d) the person requires;

(b)pre-employment assistance including, but not limited to, assistance to:

(i)develop and review civilian career goals; or

(ii)undertake personality profiling; or

(iii)develop job searching skills including translating skills to other jobs; or

(iv)develop personal branding and marketing; or

(v)develop interviewing skills; or

(vi)develop negotiating skills; or

(vii)undertake adjustment coaching to adjust to civilian work; or

(viii)undertake competency and capability mapping; or

(ix)develop workplace communication skills; or

(x)break out of long-term unemployment (including assistance to re-examine employment strategies and tactics);

(c)post-employment assistance including, but not limited to, assistance to:

(i)navigate civilian workplace issues; or

(ii)seek career or job advancement;

(d)a combination of the kinds of assistance mentioned in paragraphs (b) and (c);

(e)a final session with an assistance provider to reflect with the person on the assistance provided and report to the Commission on that assistance.

18EConditions on grant of assistance#

The assistance granted to a person under subsection 18D(1) is subject to the condition that the person must participate in the initial planning session for the person.

18FLimits on the provision of assistance#

(1)The provision of assistance granted to a person under subsection 18D(1) is limited in accordance with this section.

(2)The assistance (excluding the assistance mentioned in paragraphs 18D(3)(a) and (e)) is limited to the provision of:

(a)10 hours of assistance; or

(b)if, after identifying and planning the assistance required at the initial planning session for the person:

(i)the person agrees that an amount that is less than 10 hours of assistance is required; and

(ii)the Commission is notified of this in writing;

that amount of assistance that is less than 10 hours; or

(c)the number of hours of assistance (that is 10 hours or less) that the person receives before assistance is no longer available to the person under subsection (3).

(3)The assistance is no longer available to the person on:

(a)the later of:

(i)the day that is 5 years after the transition day for the person; and

(ii)the day that is 12 months after the initial planning session for the person; or

(b)if, after the assistance is granted to the person, the person starts undertaking an approved rehabilitation program—the day that is the earlier of the following:

(i)the day that is 6 months after the person starts the program;

(ii)the day mentioned in paragraph (a).

(5)The assistance mentioned in paragraphs 18D(3)(a) and (e) is limited to the provision of no more than a total of 2 hours of assistance to the person.

Part 5 · Indexation of certain pay and earnings

20Indexation of pre-CFTS pay and civilian daily earnings#

(1)For the purposes of paragraph 182(1)(a) of the Act, the index for the purposes of section 182 of the Act is Total hourly rates of pay excluding bonuses, contained in 6345.0 Wage Price Index, Australia, published by the Australian Bureau of Statistics in respect of the most recent quarter.

(2)For the purposes of paragraph 182(1)(b) of the Act, the manner of working out an increase in the amount of a person’s pre-CFTS pay or civilian daily earnings is:

(a)to assume that the pre-CFTS pay or civilian daily earnings is a dollar amount to be indexed under subsection 404(1) of the Act; and

(b)to treat the December index number mentioned in section 404 of the Act as the value for “December” in the tables of the index referred to in subsection (1) under the headings “Australia”, “Private and Public” and “All industries”.

Note: In 2020, the index was found in “Table 1. Total Hourly Rates of Pay Excluding Bonuses: Sector, Original, Seasonally Adjusted and Trend” under the data item description “Percentage Change from Corresponding Quarter of Previous Year; Total hourly rates of pay excluding bonuses; Australia; Private and Public; All industries” (see the Australian Bureau of Statistics’ website).

21Indexation of $100 in ADF pay#

(1)For the purposes of paragraph 183(1)(a) of the Act, the index for the purposes of section 183 of the Act is created by:

(a)treating a base amount of $100 as being in effect on 31 December 2001; and

(b)applying to the base amount the percentage increases required in each subsequent calendar year in accordance with the ADF Workplace Remuneration Arrangement applicable to that subsequent calendar year.

(2)For the purposes of paragraph 183(1)(b) of the Act, the manner of working out the increase in an amount of $100 mentioned in that paragraph is:

(a)for the year ending on 31 December 2002—to multiply the amount of $100 by the value of 104.55, and divide the result by 100; and

(b)for the year ending on 31 December 2003—to multiply the amount of $100 by the value of 107.69, and divide the result by 100; and

(c)for each subsequent calendar year—to multiply the amount of $100 by the value of the index set out in subsection (1) on 31 December in that year, and divide the result by 100.

Note: The values mentioned in paragraphs (2)(a) and (b) are the values for 2002 and 2003 worked out using the index set out in subsection (1).

Part 5A · Expenses and allowances etc.

Division 1 · Veterans’ Review Board

21AForm of summons for person to give evidence or produce documents#

A summons under subsection 352Q(1) of the Act:

(a)may be in accordance with Form 1 in Schedule 1 to this instrument; and

(b)may be served on a person by:

(i)delivering a copy of the summons to the person personally; and

(ii)showing the original of the summons to the person at the time at which the copy is delivered.

21BPrescribed amount for medical expenses#

For the purposes of paragraphs 353N(3)(a) and(b) of the Act, the prescribed amount is $1,000.

21CPrescribed travelling expenses for obtaining medical evidence#

Travelling expenses for applicants

(1)For the purposes of subsection 353P(1) of the Act, the following are prescribed travelling expenses in relation to an applicant:

(a)reasonable costs of travel incurred by the applicant to obtain any relevant documentary medical evidence submitted to the Board;

(b)reasonable costs of accommodation incurred by the applicant in connection with travel by the applicant to obtain any relevant documentary medical evidence submitted to the Board.

Travelling expenses for attendants

(2)For the purposes of subsection 353P(2) of the Act, the following are prescribed travelling expenses in relation to an attendant accompanying an applicant travelling to obtain medical evidence:

(a)reasonable costs of travel incurred by the attendant to accompany the applicant;

(b)reasonable costs of accommodation incurred by the attendant in connection with travel by the attendant to accompany the applicant.

21DPrescribed travelling expenses for attending a hearing of a review#

Travelling expenses for applicants

(1)For the purposes of subsection 353Q(1) of the Act, the following are prescribed travelling expenses in relation to an applicant for a review travelling in Australia to attend a hearing of the review:

(a)reasonable costs of travel incurred by the applicant to attend the hearing;

(b)reasonable costs of accommodation incurred by the applicant in connection with travel by the applicant to attend the hearing.

Travelling expenses for attendants

(2)For the purposes of subsection 353Q(2) of the Act, the following are prescribed travelling expenses in relation to an attendant accompanying an applicant travelling in Australia to attend a hearing of a review:

(a)reasonable costs of travel incurred by the attendant to accompany the applicant;

(b)reasonable costs of accommodation incurred by the attendant in connection with travel by the attendant to accompanying the applicant.

Travelling expenses for entitled persons

(3)If:

(a)a claim is made under section 319 of the Act by a person who, under subsection 320(2) of the Act, is entitled to make the claim; and

(b)the person (the entitled person) travels within Australia, with the approval of the Commission, for the purpose of attending a hearing of a review of an original determination in respect of the claim;

then, for the purposes of subsection 353Q(3) of the Act, the following are prescribed travelling expenses in relation to the entitled person travelling within Australia to attend the hearing:

(c)reasonable costs of travel incurred by the entitled person to attend the hearing;

(d)reasonable costs of accommodation incurred by the entitled person in connection with travel by the person to attend the hearing.

21EFees for witnesses#

For the purposes of subsection 353T(1) of the Act, a person, other than an applicant, summoned to appear as a witness at a hearing before the Board is entitled to be paid the same fees, and allowances for expenses (other than in respect of travel undertaken outside of Australia), in relation to the appearance as are payable under the Administrative Review Tribunal Rules 2024 to a person summoned to appear before the Administrative Review Tribunal.

21FAllowances payable to members of the Board#

For the purposes of subsection 359CB(2) of the Act, the following allowances are prescribed for a Board member:

(a)allowances as determined by the Remuneration Tribunal in respect of a Board member;

(b)allowances (other than those mentioned in paragraph (a)) that are payable to a person appointed or engaged under the Public Service Act 1999.

Division 2 · Repatriation Commission

21GAllowances payable to appointed Commissioners#

For the purposes of subsection 360CD(4) of the Act, the following allowances are prescribed for an appointed Commissioner:

(a)allowances as determined by the Remuneration Tribunal in respect of an appointed Commissioner;

(b)allowances (other than those mentioned in paragraph (a)) that are payable to a person appointed or engaged under the Public Service Act 1999.

Division 3 · Specialist Medical Review Council

21HPrescribed amount for the medical expenses#

For the purposes of subsection 380CF(2) of the Act, the prescribed amount is $1,000.

21JPrescribed travelling expenses for obtaining medical evidence#

Travelling expenses for applicants

(1)For the purposes of subsection 380CG(1) of the Act, the following are prescribed travelling expenses in relation to an applicant:

(a)reasonable costs of travel incurred by the applicant to obtain any medical evidence submitted to the Review Council;

(b)reasonable costs of accommodation incurred by the applicant in connection with travel by the applicant to obtain any medical evidence submitted to the Review Council.

Travelling expenses for attendants

(2)For the purposes of subsection 380CG(2) of the Act, the following are prescribed travelling expenses in relation to an attendant accompanying an applicant travelling to obtain any medical evidence:

(a)reasonable costs of travel incurred by the attendant in connection with travel by the attendant to accompany the applicant;

(b)reasonable costs of accommodation incurred by the attendant in connection with travel by the attendant to accompany the applicant.

21KPrescribed travelling expenses for making oral submissions#

Travelling expenses for persons making oral submissions

(1)For the purposes of subsection 380CI(1) of the Act, the following are prescribed travelling expenses in relation to a person mentioned in paragraph 380CI(1)(b) of the Act who appears before the Review Council to make an oral submission:

(a)reasonable costs of travel incurred by the person to appear before the Review Council;

(b)reasonable costs of accommodation incurred by the person in connection with travel by the person to appear before the Review Council.

Travelling expenses for attendants

(2)For the purposes of subsection 380CI(2) of the Act, the following are prescribed travelling expenses in relation to an attendant accompanying a person mentioned in paragraph 380CI(1)(b) of the Act who appears before the Review Council to make an oral submission:

(a)reasonable costs of travel incurred by the attendant in connection with travel by the attendant to accompany the person;

(b)reasonable costs of accommodation incurred by the attendant in connection with travel by the attendant to accompany the person.

Part 6 · Miscellaneous matters

Division 1 · Provision of information by the Commission

22Provision of information by the Commission#

For the purposes of item 3 of the table in subsection 409(2) of the Act, each purpose mentioned in an item in the following table is specified for the person or agency specified in the item.

Providing information to a specified person or agency for a specified purpose
Item	For this person or agency:	The purposes are:
2	an employee, or contractor, of the Human Services Department	(a) administering the social security law; or(b) giving information relevant to the administration of concessions provided, on the basis of receipt of compensation under the Act, by:(i) a State, Territory or local government authority; or(ii) an organisation included in a class set out in the table in subsection 17(2) of the Privacy Regulation 2013

Division 2 · Commission may accept contributions and invest money held on trust

22APrescribed manner of dealing with contributions accepted by the Commission#

For the purposes of subsection 427A(3) of the Act, all money accepted (or taken to have been accepted) by the Commission in accordance with subsection 427A(1) of the Act must be credited to a bank account nominated by the Commission.

22BInvestment of money vested in the Commission as trustee#

For the purposes of subsection 427B(7) of the Act, all money vested in the Commission as trustee pending application in accordance with the trust, or for the purpose of deriving income for application in accordance with the trust, may be invested by the Commission as follows:

(a)in securities of the Commonwealth;

(b)in securities of the States;

(c)in loans to local governing bodies in Australia;

(d)upon mortgage of land in Australia of an estate in fee simple or upon mortgage of leasehold interests in such land;

(e)in any other manner for the time being allowed by any Act of the Commonwealth, or any State or Territory Act, for the investment of trust funds in Australia.

Part 7 · Application and transitional matters

23Things done under the Military Rehabilitation and Compensation Regulations2004 etc.#

Things done under the Military Rehabilitation and Compensation Regulations 2004

(1)If:

(a)a thing was done for a particular purpose under the Military Rehabilitation and Compensation Regulations 2004 as in force before those Regulations were repealed; and

(b)the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument (and may be dealt with) as if it had been done under this instrument.

(2)Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a calculation, determination, decision or other instrument being given or made.

Things done under the applied Veterans’ Entitlements Regulations 1986

(3)If:

(a)a thing was done for a particular purpose under the old VE law before the Military Rehabilitation and Compensation Regulations 2004 were repealed; and

(b)the thing could be done for that purpose under the new VE law;

the thing has effect for the purposes of the new VE law (and may be dealt with) as if it had been done under the new VE law.

(4)Without limiting subsection (3), a reference in that subsection to a thing being done includes a reference to a calculation, determination, decision, application, notice or other instrument being given or made.

(5)In this section:

new VE law means the Veterans’ Entitlements Regulations 1986 as applied by this instrument.

old VE law means the Veterans’ Entitlements Regulations 1986 as applied by the Military Rehabilitation and Compensation Regulations 2004.

Schedule 1

Note: See section 21A.

Form 1 · Summons

Military Rehabilitation and Compensation Regulations 2020

SUMMONS

In the matter of the application by

for a review of an original determination

To: (name and address of witness)

YOU ARE HEREBY SUMMONED under subsection 352Q(1) of the Military Rehabilitation and Compensation Act 2004 to appear at a hearing of a review by the Veterans Review Board at (place, time and date of hearing) and on each subsequent day of the hearing conducted in relation to the above-mentioned application until you are excused or released from further attendance to give evidence ( * and to produce the following documents:)

(Signature of person issuing summons and capacity in which that person issues the summons)

Date

*Omit if inapplicable

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Providing information to a specified person or agency for a specified purpose

Item

For this person or agency:

The purposes are:

an employee, or contractor, of the Human Services Department

(a) administering the social security law; or(b) giving information relevant to the administration of concessions provided, on the basis of receipt of compensation under the Act, by:(i) a State, Territory or local government authority; or(ii) an organisation included in a class set out in the table in subsection 17(2) of the Privacy Regulation 2013

1Name#

3Authority#

5Definitions#

6Normal and actual earnings—cadet engaged in paid civilian work at time of incapacity#

7Normal and actual earnings—cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity#

8Normal earnings and normal weekly hours for person who was a cadet—person engaged in paid civilian work before last ceasing to be member of Defence Force#

9Normal earnings and normal weekly hours for person who was a cadet—person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force#

10Number of days in part of week#

11Modifications of Chapter 2 of the Act#

12Normal and actual earnings—declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance#

13Normal and actual earnings—declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance#

14Normal and actual earnings—incapacitated declared member undertaking career transition assistance#

15Normal and actual earnings—former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance#

16Normal and actual earnings—former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance#

17Normal and actual earnings—incapacitated former declared member who undertook career transition assistance#

18Working out compensation for parts of weeks for declared members#

18APurpose of this Part#

18BApplication for assistance#

18CEligibility criteria#

18DAssistance to transition into civilian work#

18EConditions on grant of assistance#

18FLimits on the provision of assistance#

20Indexation of pre-CFTS pay and civilian daily earnings#

21Indexation of $100 in ADF pay#

21AForm of summons for person to give evidence or produce documents#

21BPrescribed amount for medical expenses#

21CPrescribed travelling expenses for obtaining medical evidence#

21DPrescribed travelling expenses for attending a hearing of a review#

21EFees for witnesses#

21FAllowances payable to members of the Board#

21GAllowances payable to appointed Commissioners#

21HPrescribed amount for the medical expenses#

21JPrescribed travelling expenses for obtaining medical evidence#

21KPrescribed travelling expenses for making oral submissions#

22Provision of information by the Commission#

22APrescribed manner of dealing with contributions accepted by the Commission#

22BInvestment of money vested in the Commission as trustee#

23Things done under the Military Rehabilitation and Compensation Regulations2004 etc.#

Defined terms · 9

Connections

History · 1 version

1Name#

3Authority#

5Definitions#

6Normal and actual earnings—cadet engaged in paid civilian work at time of incapacity#

7Normal and actual earnings—cadet only engaged in casual work, or not engaged in civilian work, at time of incapacity#

8Normal earnings and normal weekly hours for person who was a cadet—person engaged in paid civilian work before last ceasing to be member of Defence Force#

9Normal earnings and normal weekly hours for person who was a cadet—person not engaged in paid civilian work, or only engaged in casual work, before last ceasing to be a member of the Defence Force#

10Number of days in part of week#

11Modifications of Chapter 2 of the Act#

12Normal and actual earnings—declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance#

13Normal and actual earnings—declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance#

14Normal and actual earnings—incapacitated declared member undertaking career transition assistance#

15Normal and actual earnings—former declared member engaged in paid civilian work before last ceasing to be a member of the Defence Force, who has not undertaken career transition assistance#

16Normal and actual earnings—former declared member not engaged in paid civilian work before last ceasing to be a member of the Defence Force, who did not undertake career transition assistance#

17Normal and actual earnings—incapacitated former declared member who undertook career transition assistance#

18Working out compensation for parts of weeks for declared members#

18APurpose of this Part#

18BApplication for assistance#

18CEligibility criteria#

18DAssistance to transition into civilian work#

18EConditions on grant of assistance#

18FLimits on the provision of assistance#

20Indexation of pre-CFTS pay and civilian daily earnings#

21Indexation of $100 in ADF pay#