Military Rehabilitation and Compensation Act 2004

The Commonwealth is liable to pay interim compensation to a person if:

the Commission is satisfied that the person will be entitled to compensation under section 68 or 71; and

the Commission is not able to determine the degree of impairment suffered by the person because the one or more service injuries or diseases concerned have not stabilised; and

the Commission is satisfied that the impairment suffered by the person as a result of the injuries or diseases constitutes at least the number of impairment points required for the person to become entitled to compensation under section 68 or 71; 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 impairment points needed for compensation to be payable.

Compensation is not payable under this section if the person chooses under section 389 to institute a common law action.

The weekly amount of the interim compensation is the amount the Commission determines to be reasonable having regard to the Commission’s estimate of the final degree of impairment that will be suffered by the person and after assessing the effect of the injuries or diseases on the person’s lifestyle.

The Commission must determine the date on which the impairment suffered by the person constituted at least the number of impairment points required for the person to become entitled to compensation under section 68 or 71.

The Commission must, when the Commission becomes satisfied that the one or more injuries or diseases concerned have all stabilised:

determine the degree of impairment suffered by the person; and

assess the effect of the injuries or diseases on the person’s lifestyle; and

determine the weekly amount of compensation to which the person is entitled.

If the weekly amount determined under subsection (4) is more than the weekly amount determined under subsection (2), the person is entitled to an additional weekly amount equal to the difference between those amounts.