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Schedule 1—Family support

Schedule 1 Family support

   

Military Rehabilitation and Compensation Act 2004

1  Section 3

Omit:

This Act provides for compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease. The Act also provides for compensation and other benefits to be provided for the dependants of some deceased members.

substitute:

This Act provides for:

       (a)     compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease; and

      (b)     compensation and other benefits to be provided for the dependants of some deceased members; and

       (c)     certain assistance (such as child care, counselling or household services) to members or former members or to related persons of members, former members or deceased members.

2  Section 3

Omit “Chapters 3 to 6 set out what the benefits are.”, substitute “Chapters 3, 4, 5 and 6 set out what the benefits are. Assistance or benefits under Chapter 5A can be provided before the Commission has accepted such liability.”.

3  Subsection 5(1)

Insert:

related person of a member has the meaning given by subsection 15(2).

4  Section 15 (heading)

Repeal the heading, substitute:

15   Definitions of dependant and related person

5  Subsection 15(1)

Omit “any person mentioned in subsection (2)”, substitute “a related person of the member”.

6  Subsection 15(2)

Omit “These are the persons who can be a dependant of a member for the purposes of subsection (1)”, substitute “A related person of a member is”.

7  After Chapter 5

Insert:

Chapter 5A Family support

   

   

268A   Simplified outline

The Commission may make a legislative instrument providing for assistance or benefits of a certain kind (such as child care, counselling or household services) to a member or former member or to a related person of a member, former member or deceased member.

The member, former member or deceased member must have rendered warlike service on or after 1 July 2004.

268B   Family support

             (1)  The Commission may, by legislative instrument, make provision for and in relation to the granting of assistance or benefits of a specified kind to a person:

                     (a)  who is a member or former member; or

                     (b)  who is or was a related person of a member, former member or deceased member.

Note:          For related person see subsection 15(2).

             (2)  However, the instrument must not provide for the granting of assistance or benefits unless the member, former member or deceased member has rendered warlike service on or after 1 July 2004.

             (3)  Without limiting subsection (1), the kinds of assistance or benefits that may be granted include the following:

                     (a)  child care;

                     (b)  counselling;

                     (c)  household services.

             (4)  Without limiting subsection (1), the instrument may make provision for and in relation to:

                     (a)  the eligibility criteria for the assistance or benefits; and

                     (b)  the conditions on which the assistance or benefits are granted; and

                     (c)  limits (whether financial or otherwise) on the provision of the assistance or benefits.

             (5)  Despite subsection 14(2) of the Legislation Act 2003 , an instrument under subsection (1) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

8  After paragraph 423(ba)

Insert:

                   (bb)  assistance or benefits granted under an instrument made under section 268B;