make a decision or determination; or

exercise any power or comply with any obligation; or

do anything else related to making a decision or determination or exercising a power or complying with an obligation.

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;

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;

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.

made a decision or determination; or

exercised a power or complied with an obligation; or

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

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

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:

the document, prepared by the Commission in accordance with the Minister and is for the time being in force; andsection 28 under the title “Guide to the Assessment of the Degree of Permanent Impairment”, that has been approved by

if an instrument varying the document has been approved by the Minister—that document as so varied.

attendant care services 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.

Board has the same meaning as in the MRCA.

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.

Commission has the same meaning as in the MRCA.

Commonwealth authority means:

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

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

a body corporate:

that is incorporated under a law of the Commonwealth or a law in force in a State or Territory;

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

that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies; or

a body corporate:

in which a body corporate declared under paragraph (c) has a controlling interest; and

that is declared by the Minister, by legislative instrument, to be a body corporate to which this Act applies.

controlling interest means an interest in the body corporate that enables the person holding the interest to: control the composition of the board of directors of the body corporate; or 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 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).

control the composition of the board of directors of the body corporate; or

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

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.

date of commencement means 1 July 2026.

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:

the spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, child, stepchild, grandchild, sibling or half-sibling of the employee; or

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.

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

a person, body, organisation or group of persons prescribed for this paragraph.

household services 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 includes the destruction of that property.

medical treatment means:

medical or surgical treatment by, or under the supervision of, a legally qualified medical practitioner; or

therapeutic treatment obtained at the direction of a legally qualified medical practitioner; or

dental treatment by, or under the supervision of, a legally qualified dentist; or

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

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

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

treatment and maintenance as a patient at a hospital; or

nursing care, and the provision of medicines, medical and surgical supplies and curative apparatus, whether in a hospital or otherwise; or

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.

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 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:

any duty on shifts or on Saturdays, Sundays or other holidays; and

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:

the place where the employee normally resides;

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

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 includes any place at which the employee is required to attend for the purpose of carrying out the duties of his or her employment.

prescribed child means:

a person under 16; or

a person who:

is 16 or more but under 25;

is receiving full-time education at a school, college, university or other educational institution; and

is not ordinarily in employment or engaged in work on his or her own account.

principal officer, in relation to a Commonwealth authority, means:

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

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.

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 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:

any of the following:

the spouse of the other person;

a parent or step-parent of the other person;

a parent or step-parent of the partner of the other person;

a grandparent of the other person;

a child or stepchild of the other person;

a child or stepchild of the partner of the other person;

a grandchild of the other person;

a sibling or half-sibling of the other person; or

a person in respect of whom the other person stands in the position of a parent; or

a person who stands in the position of a parent to the other person.

relevant authority means:

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 Commission; or

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:

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

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 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:

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:

the employee’s age, experience, training, language and other skills;

the employee’s suitability for rehabilitation or vocational retraining;

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

any other relevant matter; and

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:

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

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.

transferred DRCA rehabilitation program means a rehabilitation program under this Act that: on and after the date of commencement, is taken to be an approved rehabilitation program for the purposes of the MRCA because of section 104 of the CTPA; and has not ceased under section 53 of the MRCA.

on and after the date of commencement, is taken to be an approved rehabilitation program for the purposes of the MRCA because of section 104 of the CTPA; and

has not ceased under section 53 of the MRCA.

relationships between de facto partners; and

relationships of child and parent that arise:

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

relationships traced through relationships referred to in paragraphs (a) and (b).

compensation is payable under this Act in respect of the injury for which the medical treatment was obtained; and

it was reasonable for the employee to have obtained that medical treatment in the circumstances.

the spouse of the employee; or

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.

(a) family tax benefit calculated under A New Tax System (Family Assistance) Act 1999 (an individual’s Part A rate); andPart 2 or 3 of Schedule 1 to the

carer allowance under that Act; and

double orphan pension under that Act;

shall not be taken into account.

an incapacity to engage in any work; or

an incapacity to engage in work at the same level at which he or she was engaged by the Commonwealth in that work or any other work immediately before the injury happened.

the injury or aggravation arises out of, or in the course of, the employee’s employment as a member of the Defence Force; and

the employment occurred:

(i) on or after the commencement of Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); andsection 3 of the

before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

the ailment or aggravation is contributed to, to a significant degree, by the employee’s employment as a member of the Defence Force; and

the employment occurred:

(i) on or after the commencement of Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); andsection 3 of the

before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

the loss or damage resulted from an accident that arose out of, and in the course of, the employee’s employment as a member of the Defence Force; and

the employment occurred:

(i) on or after the commencement of Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); andsection 3 of the

before the MRCA commencement date (which was 1 July 2004).

the injury is suffered as an unintended consequence of medical treatment received by the employee that was paid for by the Commonwealth; and

(b) the treatment was provided on or after the commencement of Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); andsection 3 of the

(c) Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 does not apply in relation to the injury.section 8 of the

that persons specified in the declaration, being persons who:

hold an honorary rank in the Defence Force before the MRCA commencement date; or

are, before the MRCA commencement date, members of a philanthropic organisation that provides services to the Defence Force; or

undertake resettlement training, before the MRCA commencement date, under an arrangement made by the Defence Force;

are, for the purposes of this Act, taken to be members of the Defence Force; and

that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration;

and such a declaration has effect accordingly.

that persons specified in the declaration, being persons who, before the MRCA commencement date, engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth in relation to the Defence Force, are, for the purposes of this Act, taken to be employed by the Commonwealth; and

that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration;

and such a declaration has effect accordingly.

Former employees

(a) the Veterans’ Entitlements Act 1986; or

(b) the (Members of the Forces Benefits) Act 1957.

(a) who has rendered operational service on or after the day on which the Military Compensation Act 1994 commences; and

(b) for whom provision for the payment of pension in respect of service rendered by the person is made by Veterans’ Entitlements Act 1986.Part II of the

a disease suffered by an employee; or

an injury (other than a disease) suffered by an employee, that is a physical or mental injury arising out of, or in the course of, the employee’s employment; or

an aggravation of a physical or mental injury (other than a disease) suffered by an employee (whether or not that injury arose out of, or in the course of, the employee’s employment), that is an aggravation that arose out of, or in the course of, that employment;

but does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a reasonable manner in respect of the employee’s employment.

a reasonable appraisal of the employee’s performance;

a reasonable counselling action (whether formal or informal) taken in respect of the employee’s employment;

a reasonable suspension action in respect of the employee’s employment;

a reasonable disciplinary action (whether formal or informal) taken in respect of the employee’s employment;

anything reasonable done in connection with an action mentioned in paragraph (a), (b), (c) or (d);

anything reasonable done in connection with the employee’s failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.

an ailment suffered by an employee; or

an aggravation of such an ailment;

that was contributed to, to a significant degree, by the employee’s employment by the Commonwealth.

the duration of the employment;

the nature of, and particular tasks involved in, the employment;

any predisposition of the employee to the ailment or aggravation;

any activities of the employee not related to the employment;

any other matters affecting the employee’s health.

This subsection does not limit the matters that may be taken into account.

as a result of an act of violence that would not have occurred but for the employee’s employment or the performance by the employee of the duties or functions of his or her employment; or

while the employee was at the employee’s place of work, for the purposes of that employment, or was temporarily absent from that place during an ordinary recess in that employment; or

while the employee was temporarily absent from the employee’s place of work undertaking an activity:

associated with the employee’s employment; or

at the direction or request of the Commonwealth; or

while the employee was, at the direction or request of the Commonwealth, travelling for the purpose of that employment; or

while the employee was at a place of education, except while on leave without pay, in accordance with:

a condition of the employee’s employment by the Commonwealth; or

a request or direction of the Commonwealth; or

the approval of the Commonwealth; or

while the employee was travelling between the employee’s place of work and a place of education for the purpose of attending that place in accordance with:

a condition of the employee’s employment by the Commonwealth; or

a request or direction of the Commonwealth; or

the approval of the Commonwealth; or

while the employee was at a place for the purpose of:

obtaining a medical certificate for the purposes of this Act; or

receiving medical treatment for an injury; or

undergoing a rehabilitation program provided under this Act, or a transferred DRCA rehabilitation program; or

receiving a payment of compensation under this Act; or

undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

receiving money due to the employee under the terms of his or her employment, being money that, under the terms of that employment or any agreement or arrangement between the employee and the Commonwealth, is available, or reasonably expected by the employee to be available, for collection at that place; or

while the employee was travelling between the employee’s place of work and another place for the purpose of:

obtaining a medical certificate for the purposes of this Act; or

receiving medical treatment for an injury; or

undergoing a rehabilitation program provided under this Act, or a transferred DRCA rehabilitation program; or

undergoing a medical examination or rehabilitation assessment in accordance with a requirement made under this Act; or

while the employee was, at the direction or request of the Commonwealth, at a place:

outside Australia and the external Territories; and

declared by the Minister by legislative instrument to be a place to which this paragraph applies; or

while the employee was:

at the direction or request of the Commonwealth, at a place outside Australia and the external Territories; and

a member of a class of employees declared by the Minister by legislative instrument to be a class to which this paragraph applies.

a journey from a place of residence is taken to start at the boundary of the land where the place of residence is situated; or

a journey to such a place of residence is taken to end at that boundary.

while at a place referred to in that subsection; or

during an ordinary recess in his or her employment;

if the employee sustained the injury because he or she voluntarily and unreasonably submitted to an abnormal risk of injury.

members of the Defence Force;

members of the Australian Defence Force Cadets;

persons declared by the Minister under subsection 5(3).

an employee to whom this section applies received or receives medical treatment paid for by the Commonwealth; and

as an unintended consequence of that treatment the person suffered or suffers an injury;

the injury to the employee is taken to have arisen out of, or in the course of, the person’s employment, whether or not the person has remained an employee to whom this section applies.

the injury or aggravation is first suffered by the employee on or after the MRCA commencement date; and

the injury or aggravation is suffered as an unintended consequence of medical treatment paid for by the Commonwealth; and

the treatment is provided either:

on or after the MRCA commencement date; or

before, and on or after, the MRCA commencement date (whether the treatment spans the commencement date or is provided during separate periods before and on or after that date).

an employee has suffered, or is suffering, from a disease or the death of an employee results from a disease;

the disease is of a kind specified by the Minister, by legislative instrument, as a disease related to employment of a kind specified in the instrument; and

the employee was, at any time before symptoms of the disease first became apparent, engaged by the Commonwealth in employment of that kind;

the employment in which the employee was so engaged shall, for the purposes of this Act, be taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

the employee first sought medical treatment for the disease, or aggravation; or

the disease or aggravation resulted in the death of the employee or first resulted in the incapacity for work, or impairment of the employee;

whichever happens first.

the incapacity or impairment would not have occurred;

the incapacity would have commenced, or the impairment would have occurred, at a significantly later time; or

the extent of the incapacity or impairment would have been significantly less.

suffers a disease mentioned in the following table; and

before the disease was sustained, was employed as a firefighter for the qualifying period mentioned for that disease; and

was exposed to the hazards of a fire scene during that period; and

in the case of a cancer of a kind covered by item 13 of the following table—satisfies the conditions (if any) prescribed for such a cancer;

the employment is, for the purposes of this Act, taken to have contributed, to a significant degree, to the contraction of the disease, unless the contrary is established.

an employee is taken to have been employed as a firefighter if the relevant authority is satisfied that firefighting or related duties made up a not insubstantial portion of his or her duties; and

an employee who was employed as a firefighter for 2 or more periods that add up to the qualifying period is taken to have been so employed for the qualifying period; and

an employee is taken to have been employed as a firefighter only if he or she was employed as a firefighter by the Commonwealth.

the attainment by the employee of a particular age;

the completion by the employee of a particular period of service; or

the receipt by the employee of an increase in salary, wages or pay by way of an increment in a range of salary, wages or pay applicable to the employee or to his or her office, position or appointment;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased, or would have been increased, as the case may be.

an employee continues to be employed by the Commonwealth after the date of an injury; and

the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee;

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.

the employment of an employee is of a kind referred to in subsection 5(4) or subsection (3) of this section; and

the employee is not receiving earnings from any other employment at the date of the injury;

the normal weekly earnings of the employee before the injury shall be an amount determined by the Commission to be the amount per week that the employee would have been able to earn at the date of the injury (including any amount in respect of overtime worked on a regular basis) if he or she had engaged in suitable paid employment.

the operation of a law of the Commonwealth or of a State or Territory; or

the making, alteration or operation of an award, order, determination or industrial agreement or the doing of any other act or thing, under such a law.

the 1 July next following:

the date on which this Act receives the Royal Assent; or

the date of that cessation of employment;

whichever last occurs; and

each subsequent 1 July.

there was no increase in those earnings under subsection (6), (7) or (9); and

there was no reduction in those earnings under subsection (9).

where the employee continues to be employed by the Commonwealth—the amount per week of the earnings that the employee would receive if he or she were not incapacitated for work; or

where the employee has ceased to be employed by the Commonwealth—whichever is the greater of the following amounts:

the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth in the employment in which he or she was engaged at the date of the injury;

the amount per week of the earnings that the employee would receive if he or she had continued to be employed by the Commonwealth in the employment in which he or she was engaged at the date on which the employment by the Commonwealth ceased;

the amount so calculated shall be reduced by the amount of the excess.

the operation of a law of the Commonwealth or of a State or Territory; or

the making, alteration or operation of an award, order, determination or industrial agreement, or the doing of any other act or thing, under such a law;

any part of that period that occurred before the variation, or last variation, took place shall be disregarded for the purposes of calculating the relevant period.

it would be impracticable to calculate under section 8 the normal weekly earnings of the employee before an injury; or

the normal weekly earnings as so calculated would not fairly represent the weekly rate at which the employee was being paid in respect of his or her employment by the Commonwealth before the injury;

subsection (2) shall not apply in that case, but the normal weekly earnings of the employee during that period shall be taken to be the amount that would have been his or her normal weekly earnings during that period if the variation had taken effect at the beginning of that period.

if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

in any other case—the relevant amount.

the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) number published by the Australian Statistician in respect of that quarter; or

if:

a series of index numbers is prescribed for the purposes of this paragraph; and

the Australian Statistician publishes an index number in respect of the quarter; and

that index number belongs to the series;

that index number.

relevant amount means the amount specified in subsection 17(3), (4) or (5).

relevant year means:

the financial year starting on 1 July 2009; or

a later financial year.

Indexation

if, because of one or more other applications of this section, this Act has effect as if another amount or amounts were substituted for the relevant amount—the substituted amount or the last substituted amount; or

in any other case—the relevant amount.

Indexation factor

the Wage Price Index; or

another index;

then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index number published in terms of the new index reference period.

who is an employee; or

who is or was a related person of an employee or deceased employee;

to assist the person to adjust to challenging life circumstances.

Eligibility criteria for an acute support package

the person was wholly or partly dependent on the employee at the date of the employee’s death;

the person is under 65 years of age at the time the person’s eligibility for an acute support package is determined;

the deceased employee’s death occurred no more than 2 years before the day the person’s eligibility for the package is determined;

the deceased employee’s death resulted from an injury.

a deceased employee; or

another person who was the spouse of an employee at any time before the employee’s death;

the criteria are as follows:

the deceased employee’s death occurred no more than 2 years before the day the person’s eligibility for an acute support package is determined;

the deceased employee’s death resulted from an injury;

the Commission is satisfied that the person is parenting a child of the deceased employee;

at the time the person’s eligibility for the package is determined, the child is under 18 years;

the Commission is satisfied that the person, or the child, is experiencing, or is at risk of experiencing, crisis.

the person is under 65 years of age at the time the person’s eligibility for an acute support package is determined;

at the time the person’s eligibility for the package is determined, either or both of the following apply:

the person ceased being the employee’s spouse within the previous 12 months;

a child of the employee who is under 18 years lives with the person;

the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis.

Instrument may deal with various matters

additional eligibility criteria for an acute support package;

criteria for the granting of assistance or benefits;

the kinds of assistance or benefits that may be granted, which may include child care, counselling, household assistance, services to build capacity and academic and extra-curricular support for children;

the conditions on which assistance or benefits are granted;

limits (whether financial or otherwise) on the provision of assistance or benefits;

the suspension or cancellation of the provision of assistance or benefits;

arrangements for the payment of assistance or benefits.

(a) a member of the Forces, or a member of a Peacekeeping Force, for the purposes of Veterans’ Entitlements Act 1986; orPart IV of the

(b) a veteran who has, on or after the day on which the Military Compensation Act 1994 commences, rendered operational service for the purposes of Part II of the Veterans’ Entitlements Act 1986; or

a dependant of such a member or veteran;

the person may, by notice in writing to the Commission, request that an amount of compensation under this Act to which the person is entitled, or may become entitled, not be paid to, or for the benefit of, the person.

an amount of compensation under this Act that is payable to, or for the benefit of, the person at the time of that receipt, being an amount to which the request relates, ceases to be so payable; and

an amount of compensation under this Act that would, but for this section, become payable to, or for the benefit of, that person during the period when the request is in force, being an amount to which the request relates, does not become payable.

has effect on the receipt of the notice of revocation by the Commission; and

does not revive any entitlement to an amount of compensation that had ceased to be payable, or had not become payable, as a result of the making of the request.

an injury sustained by an employee in the course of his or her employment, being an injury in respect of which the Commonwealth would, but for this subsection, be liable (whether vicariously or otherwise) for damages; or

the loss of, or damage to, property used by an employee resulting from such an injury;

whether that injury, loss or damage occurred before or after the commencement of this section.

an employee has suffered an injury in the course of his or her employment; and

that injury results in that employee’s death;

subsection (1) does not prevent a dependant of that employee bringing an action against the Commonwealth or another employee in respect of the death of the first-mentioned employee.

compensation is payable under section 24, 25 or 27 in respect of an injury to an employee; and

the Commonwealth or another employee would, but for subsection 44(1), be liable for damages for any non-economic loss suffered by the employee as a result of the injury;

the employee may, at any time before an amount of compensation is paid to the employee under section 24, 25 or 27 in respect of that injury, elect in writing to institute an action or proceeding against the Commonwealth or other employee for damages for that non-economic loss.

subsection 44(1) does not apply in relation to an action or other proceeding subsequently instituted by the employee against the Commonwealth or the other employee for damages for the non-economic loss to which the election relates; and

compensation is not payable after the date of the election under section 24, 25 or 27 in respect of the injury.

compensation is payable under this Act in respect of the death of an employee, an injury to an employee or the loss of, or damage to, property used by an employee;

the death, injury, loss or damage occurred in circumstances that appear to create a legal liability in a person (other than the Commonwealth or another employee) to pay damages in respect of the death, injury, loss or damage; and

the employee or a dependant of the deceased employee, as the case may be, makes a claim against that person for the recovery of such damages;

the employee or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify the Commission in writing of the claim.

compensation is payable under this Act in respect of the death of an employee or an injury to an employee; and

the employee, or a dependant of the deceased employee, as the case may be, makes a claim for damages in respect of the death or injury against the Commonwealth or another employee;

the employee or dependant must, as soon as practicable but in any event not later than 7 days after the day on which he or she first became aware of the claim, notify the Commission in writing of the claim.

an employee recovers damages in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which compensation is payable under this Act; or

damages are recovered by, or for the benefit of, a dependant of a deceased employee in respect of the death of the employee and compensation is payable under this Act in respect of the injury that resulted in that death.

the amount of that compensation; or

the amount of the damages;

whichever is less.

as a result of a claim, or fresh claim, made by the Commission under section 50 (whether or not that claim progressed to the formal institution of proceedings); or

as a result of the taking over by the Commission of the conduct of a claim under that section; or

as a result of an action for non-economic loss; or

by way of a settlement of such a claim or of such an action (whether or not that claim or that action progressed to the formal institution of proceedings).

references in that section to the Commissioner were references to the Commission;

references in that section to compensation payable under the 1971 Act were references to compensation payable under this Act; and

the reference in subsection 99(9) to subsection 43(5) or (7) of the 1971 Act were a reference to subsection 17(5) of this Act.

compensation is payable under this Act in respect of an injury that resulted in the death of an employee; and

damages in respect of the death of the employee are recovered by or for the benefit of a prescribed dependant of the deceased employee;

this section applies in relation to that prescribed dependant.

the amount of the compensation referred to in paragraph (1)(a); or

the amount of the damages recovered by the prescribed dependant;

whichever is less.

the prescribed amount; or

the amount of the damages recovered by the prescribed dependant;

whichever is less.

shall be taken not to include:

any amount of compensation that the Commonwealth is liable to pay for the benefit of a dependant of the deceased employee, being a dependant who is not entitled to recover damages in respect of the death of the employee, whether by reason of the operation of a statute of limitations or otherwise; and

any amount of compensation payable under subsection 17(5); and

shall be taken to be reduced by any amount that a dependant of the deceased employee is liable to pay to the Commonwealth under section 48.

an amount of compensation under this Act:

is paid to an employee in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee; or

is paid for the benefit of a dependant of a deceased employee in respect of an injury that resulted in the death of the employee;

the injury, loss, damage or death occurred in circumstances that appear to create a legal liability in a person to pay damages in respect of the injury, loss, damage or death; and

a claim against the person for the purpose of recovering such damages has not been made by the employee or by or for the benefit of the dependant, or, having been made, has not been prosecuted;

the Commission may make a claim or a fresh claim against the person in the name of the employee or dependant for the recovery of damages in respect of the injury, loss, damage or death or may take over the conduct of the existing claim, as the case requires.

take whatever steps are appropriate to bring the claim to a conclusion; and

if the claim is before a court—settle the proceedings either with or without obtaining judgment; and

if the claim is before a court and judgment has been obtained in favour of the plaintiff—take such steps as are necessary to enforce the judgment.

if the claim is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of the Commission, may direct that the document be signed on the employee or dependant’s behalf by a person appointed by the Commission; and

otherwise—the court or tribunal in which proceedings relating to the claim are being heard, on the application of the Commission, may so direct.

the Commission must notify the employee or dependant concerned of the fact that it is proposing to so apply; and

the employee or dependant concerned has a right of representation in the hearing of that application.

the employee or dependant must comply with any reasonable requirement of the Commission for the purposes of the claim; and

if the employee or dependant fails to comply with such a requirement, the right of the employee or dependant to compensation under this Act in respect of the injury, loss, damage or death to which the claim relates is suspended until such time as the employee or dependant complies with the requirement.

an amount equal to the total of all amounts of compensation paid to, or for the benefit of, the employee or dependant under this Act in respect of the injury, loss, damage or death to which the claim relates; and

the amount of any costs incidental to the claim paid by the Commonwealth.

The Commonwealth must pay the balance (if any) to the employee or dependant.

to pay damages to an employee in respect of an injury to the employee, or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to pay damages to a dependant of a deceased employee in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;

the Commission may, by notice in writing given to the person, require that:

if the person agrees to pay damages to the employee in respect of the injury, loss or damage or to the dependant in respect of the death; or

if damages against the person are awarded to the employee in proceedings arising out of a claim made in respect of the injury, loss or damage, or to the dependant in proceedings arising out of a claim made in respect of the death;

the person pay to the Commonwealth so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to the Commonwealth under section 48 or 49 if the damages had been paid to the employee or dependant.

a person has agreed:

to pay damages to an employee in respect of an injury to the employee, or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to pay damages to a dependant of a deceased employee in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act; or

damages against a person have been awarded:

to an employee in proceedings arising out of a claim made in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee, being an injury, loss or damage in respect of which an amount of compensation has been paid under this Act; or

to a dependant of a deceased employee in proceedings arising out of a claim made in respect of the death of the employee, where that death resulted from an injury in respect of which an amount of compensation has been paid under this Act;

the Commission may, by notice in writing given to the person, require the person to pay to the Commonwealth so much of the amount of the damages as does not exceed the amount that would be payable by the employee or dependant to the Commonwealth under section 48 or 49 if the damages had been paid to or in respect of the employee or dependant.

if all of the damages had been paid—the notice has no force or effect; or

if part only of the damages had been paid—the reference in that subsection to the amount of the damages shall be read as a reference to so much of that amount as had not been paid.

(a) a determination made under the Public Service Arbitration Act 1920; or

an award, determination or order made, or agreement entered into, under a law of the Commonwealth relating to workplace relations; or

an award, determination or order made, or agreement entered into, under a law of a State or Territory.

an employer has paid the Commonwealth an amount to cover liability for actions for non-economic loss brought by its employees; and

(b) an employee takes action for non-economic loss against the employer or another employee of the employer (the party claimed against);

this section applies in relation to such action.

take over the conduct of that action on behalf of the party claimed against in the proceeding; and

if the action is before a court and the Commission thinks it appropriate to do so—apply to the court to join any other person as a party to the action.

take whatever steps are appropriate to bring the proceedings to a conclusion; and

if the action is before a court—settle the proceeding, either with or without obtaining judgment; and

if judgment is obtained in favour of the party claimed against—take such steps as are necessary to enforce the judgment.

if the action to which this section applies is not before a court or tribunal at the time of the failure—the Federal Court of Australia, on the application of the Commission, may direct that the document be signed on the party’s behalf by a person appointed by the Commission; and

otherwise—the court or tribunal in which proceedings relating to the action are being heard, on the application of the Commission, may so direct.

the Commission must notify the party concerned of the fact that it is proposing to so apply; and

the party concerned has a right of representation in the hearing of that application.

damages are awarded against the party claimed against; or

a settlement is agreed on that involves the payment of an amount by the party claimed against;

then, whether or not the conduct of that action was taken over by the Commission, the Commission must, on behalf of that party, pay any damages and costs awarded against that party in that action or any amount agreed to be paid by that party under the terms of settlement of that proceeding.

as soon as practicable after the employee becomes aware of the injury; or

if the employee dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the employee’s death.

as soon as practicable after the employee becomes aware that the accident had resulted in the loss or damage; or

if the employee dies without having become so aware or before it is practicable to serve such a notice—as soon as practicable after the employee’s death.

a notice purporting to be a notice referred to in this section has been given to the relevant authority;

the notice, as regards the time of giving the notice or otherwise, failed to comply with the requirements of this section; and

the relevant authority would not, by reason of the failure, be prejudiced if the notice were treated as a sufficient notice, or the failure resulted from the death, or absence from Australia, of a person, from ignorance, from a mistake or from any other reasonable cause;

the notice shall be taken to have been given under this section.

a written claim in accordance with the form approved by the Commission for the purposes of this paragraph; and

except where the claim is for compensation under section 16 or 17—a certificate by a legally qualified medical practitioner in accordance with the form approved by the Commission for the purposes of this paragraph.

a notice has been given to a relevant authority under section 53 in relation to an employee; or

an employee has made a claim for compensation under section 54;

the relevant authority may require the employee to undergo an examination by one legally qualified medical practitioner nominated by the relevant authority.

the means of transport available to the employee for the journey;

the route or routes by which the employee could have travelled; and

the accommodation available to the employee.

has information or a document that is relevant to the claim; or

may obtain such information or a copy of such a document without unreasonable expense or inconvenience;

the relevant authority may, by notice in writing given to the claimant, request the claimant to give that information or a copy of that document to the relevant authority within 28 days after the date of the notice or within such further period (if any) as the relevant authority, on the request of the claimant, allows.

on request by a claimant—give to the claimant any document held by the authority that relates to the claimant’s claim; or

on request by the Commonwealth in respect of a claim affecting the Commonwealth or a Commonwealth authority—give to the Commonwealth any document held by the relevant authority that relates to the claim; or

on request by a licensed corporation in respect of a claim affecting the corporation—give to the corporation any document held by the relevant authority that relates to the claim.

a reference to a claim shall be read as a reference to the request under that section; and

a reference to the claimant shall be read as a reference to the person who made the request.

the terms of the determination;

the reasons for the determination; and

a statement to the effect that the claimant may, if dissatisfied with the determination, make an application for review of the determination by the Board under Part 4 of Chapter 8 of the MRCA (see section 62 of this Act).

the reconsideration determination were an original determination made by the Commission; and

a person in respect of whom the reconsideration determination was made were the claimant.

the determination or reconsideration determination were an original determination; and

a person in respect of whom the determination or reconsideration determination was made were the claimant; and

paragraph 353Q(3)(a) of that Part referred to a claim made by a person under Part V of this Act on behalf of another person.

the Board’s determination on review were a reviewable determination; and

a person in respect of whom the DRCA determination was made were the claimant.

(a) an amount of pension has been paid to a person under the Veterans’ Entitlements Act 1986 in respect of the incapacity or death of a veteran who has rendered operational service within the meaning of Part II of that Act; and

(b) that amount is not payable to that person by virtue of Veterans’ Entitlements Act 1986;Division 5A of Part II of the

that amount is recoverable from that person by deducting it from any amounts of compensation payable to that person under this Act in respect of the injury to, or death of, the veteran.

(a) an amount of pension has been paid to a person under the Veterans’ Entitlements Act 1986 in respect of the incapacity or death of a member of the Forces, or a member of a Peacekeeping Force, within the meaning of Part IV of that Act; and

that amount is not payable to that person by virtue of section 74 of that Act;

that amount is recoverable from that person by deducting it from any amounts of compensation payable to that person under this Act in respect of the injury to, or death of, the member.

(a) an amount specified in the certificate has been paid by way of pension under the Veterans’ Entitlements Act 1986 to a person specified in the certificate;

that amount was paid in respect of the incapacity or death of a person specified in the certificate;

the person referred to in paragraph (b) is or was a veteran within the meaning of Part II of that Act or a member of the Forces, or a member of a Peacekeeping Force, within the meaning of Part IV of that Act; and

by virtue of Division 5A of Part II, or section 74, of that Act, the amount referred to in paragraph (a) is not payable to the person referred to in paragraph (a).

an employee recovers State workers’ compensation in respect of an injury or the loss of, or damage to, property used by the employee; or

State workers’ compensation is recovered by, or for the benefit of, a dependant of a deceased employee;

compensation is not payable under this Act to that employee in respect of that injury, loss or damage, or to, or for the benefit of, that dependant in respect of the injury that resulted in the death.

to an employee in respect of an injury or the loss of, or damage to, property used by the employee; or

to, or for the benefit of, a dependant of a deceased employee;

any State workers’ compensation is recovered by the employee in respect of that injury, loss or damage or to, or for the benefit of, the dependant in respect of the injury that resulted in the death, as the case may be, the Commission may, on behalf of the Commonwealth, recover the amount of compensation paid by the Commonwealth from the person to whom it was paid in a court of competent jurisdiction as a debt due to the Commonwealth.

an employee recovers State compensation in respect of an injury to the employee or in respect of the loss of, or damage to, property used by the employee; or

State compensation is recovered by, or for the benefit of, a dependant of a deceased employee;

the succeeding provisions of this section have effect.

the amount of the compensation paid by it under this Act; or

the amount of the State compensation recovered by the employee or for the benefit of the dependant;

whichever is less.

(a) a person (in this subsection called the debtor) is liable to pay an amount to the Commonwealth under this section; and

any other person holds on behalf of the debtor:

money, being compensation payable under this Act for the benefit of, or State compensation payable to, the debtor; or

investments acquired out of money of a kind referred to in subparagraph (i);

the other person shall:

deduct from the money so held, or realise those investments so held and deduct from the proceeds of the realisation, an amount not exceeding the amount referred to in paragraph (a); and

pay the amount so deducted to the Commonwealth;

and the payment of that amount is, to the extent of the amount paid, a discharge of the liability of the debtor to the Commonwealth and of the other person to the debtor.

required or permitted by this Act to be prescribed by the legislative rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.