Military Rehabilitation and Compensation Amendment Act 2014

No. 104, 2014

An Act to amend the Military Rehabilitation and Compensation Act 2004, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedule(s) 2

Schedule 1—Amendments 3

Military Rehabilitation and Compensation Act 2004 3

Military Rehabilitation and Compensation Amendment Act 2014

No. 104, 2014

An Act to amend the Military Rehabilitation and Compensation Act 2004, and for related purposes

[Assented to 24 September 2014]

The Parliament of Australia enacts:
1 Short title

This Act may be cited as the Military Rehabilitation and Compensation Amendment Act 2014.
2 Commencement

This Act commences on the day after this Act receives the Royal Assent.
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Military Rehabilitation and Compensation Act 2004

 1 Subsection 345(1) (paragraph (a) of the definition of original determination)

After “subsection 347(3)”, insert “or 347A(2) or (4)”.

 2 After section 347

Insert:

 347A Reconsideration of permanent impairment compensation 1

If:

 a

an amount of compensation paid or payable under 1 July 2013; andPart 2 of Chapter 4 has been worked out using Chapter 25 of the guide referred to in section 67, being the guide as in force before

b

a reviewable determination has been made, or the Tribunal has made a decision in a review under Part 5 of this Chapter, in relation to that compensation;

then the Commission may, on its own initiative, review the amount of that compensation using Chapter 25 of that guide, being that guide as in force when the review is conducted.

Note: The Commission’s powers under this section are in addition to its powers under section 347 to reconsider original determinations it makes in relation to compensation under Part 2 of Chapter 4.

Increase in compensation

No change in compensation

 2

If, after that review, the Commission is satisfied that the amount of that compensation is less than it should be, the Commission may make a determination increasing the amount of that compensation.

 3

A determination under subsection (2) takes effect on the day specified in the determination (which may be earlier than the day on which the determination is made).

 4

If, after that review, the Commission is satisfied that the amount of that compensation should not be increased, the Commission may make a determination confirming the amount of that compensation.

 5

A determination under subsection (4) takes effect on the day on which the determination is made.

 3 Application provisions 1

(1) Paragraph 347A(1)(a) of the Military Rehabilitation and Compensation Act 2004, as amended by this Act, applies in relation to compensation paid or payable before, on or after the commencement of this item.

 2

(2) Paragraph 347A(1)(b) of the Military Rehabilitation and Compensation Act 2004, as amended by this Act, applies in relation to a reviewable determination, or a decision of the Tribunal, made before, on or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 17 July 2014

Senate on 2 September 2014]

(166/14)