Military Rehabilitation and Compensation Act 2004

The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section 75) if:

the Commission has accepted liability for one or more additional service injuries or diseases of the person (other than the original compensable condition in respect of which the person is entitled to be paid compensation); and

the Commission is satisfied that:

as a result of the additional injuries or diseases, the person suffers additional impairment; and

the additional impairment is likely to continue indefinitely; and

the increase in the person’s overall impairment constitutes at least 5 impairment points; and

each of the person’s additional injuries or diseases have stabilised; and

a claim for compensation in respect of the person has been made under section 319.

The impairment points from more than one service injury or disease can be combined to make up the 5 impairment points needed for compensation to be payable.

This subsection might also be affected by sections 72 (aggravations), 73 (indefinite impairments) and 389 (choice to institute action for damages).

The Commonwealth is liable to pay additional compensation to a person who has been paid, or is entitled to be paid, compensation under this Part (including interim compensation under section 75) for the compensable condition if:

the Commission is satisfied that:

the person has suffered additional impairment as a result of a deterioration in the person’s compensable condition; and

the additional impairment is likely to continue indefinitely; and

the deterioration is directly related to the natural progression of the compensable condition; and

the increase in the person’s overall impairment constitutes at least 5 impairment points; and

the person’s compensable condition has stabilised; and

a claim for compensation in respect of the person has been made under section 319.

This subsection might be affected by sections 72 (aggravations etc.) and 73 (indefinite impairments).

The Commission must be notified of the deterioration (see paragraph 77(3)(a)).

The Commission must determine the date on which the person became entitled to compensation under this section.

For the purposes of subsection (3), the date determined for additional compensation under subsection (1) must be the later of:

the date on which a claim was made under section 319 for acceptance of liability for the additional service injuries or diseases; and

the date on which both of the following were first satisfied, as estimated by a medical practitioner who has examined the person:

the additional impairment suffered by the person as a result of the additional injuries or diseases became likely to continue indefinitely;

each of the person’s additional injuries or diseases stabilised.

For the purposes of subsection (3), the date determined for additional compensation under subsection (2) must be the later of:

the date on which the Commission was notified of the deterioration in the person’s compensable condition; and

the date on which both of the following were first satisfied, as estimated by a medical practitioner who has examined the person:

the additional impairment suffered by the person as a result of the deterioration in the person’s compensable condition became likely to continue indefinitely;

the person’s compensable condition stabilised.

For the purposes of this section, a person is taken to have been paid, or be entitled to be paid, compensation under this Part if the Commission is taken to have accepted liability for an injury sustained, or a disease contracted, by the person because of the operation of section 24A.