Military Rehabilitation and Compensation Act 2004

The amount of compensation payable under section 268AA is $3,000.

The amount of compensation payable under section 268AB is the sum of:

the lesser of the following amounts:

$3,000;

an amount equal to the amount paid or payable in respect of the funeral of the deceased member; and

if the body of the deceased member was transported in the circumstances mentioned in subsection (3)—an amount equal to a reasonable charge for transporting the body of the deceased member.

For the purposes of paragraph (2)(b), the circumstances are as follows:

the deceased member died at a place other than the member’s ordinary place of residence;

the deceased member was absent from the member’s ordinary place of residence for the purpose of obtaining medical treatment;

the Commission arranged for the provision of the treatment;

a charge was made by the funeral director expressly for transporting the body of the deceased member from the place where the member died to the place where the member ordinarily resided immediately before the member died;

the charge made by the funeral director did not relate to transporting the body of the deceased member:

outside Australia; or

from one place in the metropolitan area of a capital city to another place in the metropolitan area of that city.

For the purposes of paragraph (3)(b), a deceased member is taken to be absent from the member’s ordinary place of residence for the purpose of obtaining medical treatment:

if the member is travelling from the member’s ordinary place of residence for the purpose of obtaining medical treatment; or

if the member is returning to the member’s ordinary place of residence after having obtained medical treatment; or

if the member is being provided with medical treatment at a place other than the member’s ordinary place of residence; or

if the member is away from the member’s ordinary place of residence on the recommendation of the member’s doctor by way of treatment for an injury or disease.

The amount of compensation payable under section 268AC in respect of a deceased dependant of a deceased member is the lesser of the following amounts:

$3,000;

an amount equal to the amount paid or payable in respect of the funeral of the deceased dependant.

For the purposes of subparagraph (2)(a)(ii) and paragraph (5)(b), if a deceased member or deceased dependant (as the case may be) was a member of a contributory funeral benefit fund before their death, the amount paid or payable in respect of the funeral of the deceased member or deceased dependant (as the case may be) is the amount by which the cost of the funeral exceeds the amount of the benefit payable from that fund in relation to the deceased member or deceased dependant (as the case may be).