Simplified outline of this Chapter
21 Simplified outline of this Chapter
A condition for most benefits under this Act is that the Commission has accepted liability for an injury, disease or death. The Commission accepts liability if there is some connection between the injury, disease or death and defence service.
The process for deciding whether to accept liability is as follows:
first, a person makes a claim under section 319 for acceptance of liability for an injury, disease or death (the rules for making claims are found in Chapter 7);
then, the Commission decides whether the injury, disease or death is a service injury, disease or death under Part 3;
then, the Commission decides whether it is prevented from accepting liability for the injury, disease or death because of an exclusion under Part 4 (for example, because the injury, disease or death resulted from a serious default or a wilful act).
The Commission must accept liability if the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply. The Commission is taken to have accepted liability for an injury or disease in certain circumstances.
The effect of this Chapter in respect of cadets and declared members might be modified by the regulations (see section 439).
This provision refers to the regulations (modified by the regulations
). Made under this Act:
- MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) · Legislative Instrument · under s 286(3)
- MRCA Private Patient Principles 2004 (6 August 2015) · Legislative Instrument · under para 286(1)(b) and s 286(3)
- Military Rehabilitation and Compensation (Access to Non-Liability Health Care for Malignant Neoplasia and Pulmonary Tuberculosis Treatment) Determination 2026 · Legislative Instrument · under s 284A(1)(a), (d)
9 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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