Military Rehabilitation and Compensation Act 2004

A claim under subsection 319(1) may be made by:

if paragraph 319(1)(a) applies—the person who sustained the injury or contracted the disease; or

if paragraph 319(1)(b) applies—a person who is a dependant of the person who died; or

if paragraph 319(1)(c) applies—the member whose medical aid is lost or damaged; or

if paragraph 319(1)(d) applies—the person who is entitled to the compensation.

A special rule applies in respect of claims for the cost of funerals and compensation for treatment for members who later die (see sections 266, 268AB, 268AC and 288B).

Alternatively, a claim may be made on behalf of such a person:

with the person’s approval; or

by the person’s legal personal representative; or

if the person is unable, because of physical or mental incapacity, to approve someone to make the claim on his or her behalf—by another person approved by the Commission; or

if the person is under the age of 18 years:

by a parent or guardian of the person; or

by someone approved by a parent or guardian of the person; or

if there is not a parent or guardian of the person alive, or willing and able to make, or approve someone to make such a claim on behalf of the person—by another person approved by the Commission.

Without limiting paragraph (2)(a), the person may approve the Chief of the Defence Force making a claim on behalf of the person if:

the person is a member of the Defence Force; and

the claim is for acceptance of liability by the Commission for a service injury sustained by the person or a service disease contracted by the person.

However, if the person approves the Chief of the Defence Force making a claim as mentioned in subsection (2A), the Chief of the Defence Force is not required to make the claim on behalf of the person.

The Commission may approve another person to make a claim on a person’s behalf as mentioned in paragraph (2)(c) or subparagraph (2)(d)(iii) only if:

the person has no legal personal representative; or

the Commission is satisfied that:

the person’s legal personal representative has been notified that the legal personal representative has, or may have, a right to make a claim; and

the person’s legal personal representative has refused, or failed within a reasonable time after having been so notified, to make the claim.