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Veterans' Affairs Legislation Amendment (International Agreements and Other Measures) Bill 2008

Schedule 3 Military Rehabilitation and Compensation Act 2004

Part 1 Definition of disease

1  Section 5 (definition of disease )

Repeal the definition, substitute:

disease means:

                     (a)  any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development); or

                     (b)  the recurrence of such an ailment, disorder, defect or morbid condition;

but does not include:

                     (c)  the aggravation of such an ailment, disorder, defect or morbid condition; or

                     (d)  a temporary departure from:

                              (i)  the normal physiological state; or

                             (ii)  the accepted ranges of physiological or biochemical measures;

                            that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).

Note:       This amendment corrects the formatting, but does not change the wording, of the definition of disease in section 5 of the Military Rehabilitation and Compensation Act 2004 .



 

Part 2 Effect of days worked on compensation

2  Subsection 196(3) (paragraph (c) of the definition of number of days )

Repeal the paragraph, substitute:

                     (c)  otherwise:

                              (i)  5; or

                             (ii)  if the Commission determines another number as the number of days that the person would normally work in the part of the week—that other number.



 

Part 3 Weekly compensation for wholly dependent partners

3  Paragraph 234(5)(a)

Omit “and (b)”, substitute “, (b) and (c)”.

4  Waiver of earlier overpayments

If:

                     (a)  before the commencement of this Part, an amount of compensation was paid as if the amendment made by this Part had already commenced; and

                     (b)  that amount exceeded the amount of compensation that was payable because the amendment had not commenced; and

                     (c)  the excess would be recoverable by the Commonwealth apart from this item;

the right to recover the excess is waived.



 

Part 4 Claims for compensation

5  Subsection 322(2)

Repeal the subsection.

Note 1:    The heading to section 322 is altered by omitting “ liability ”.

Note 2:    The following heading to subsection 322(1) is inserted “ Claim for acceptance of liability ”.

6  At the end of section 322

Add:

Claim for compensation

             (4)  A claim for compensation must not be made if another claim for compensation for the same matter has not yet been finally determined.

             (5)  Another claim for compensation for the same matter must be supported by additional evidence.

When a claim is finally determined

             (6)  For the purposes of this section, a claim is finally determined when either:

                     (a)  a decision that has been made in respect of the claim is not subject to any form of reconsideration or review; or

                     (b)  a decision that has been made in respect of the claim was subject to some form of reconsideration or review, but the period within which such a reconsideration or review could be instituted has ended without a reconsideration or review having been instituted.

7  Application of amendments

The amendments made by this Part apply in relation to a claim made on or after the commencement of this Part, whether a claim for compensation for the same matter has been made before, on or after that commencement.



 

Part 5 Technical correction

8  Subsection 327(1)

After “(3),”, insert “if”.

Note:       This inserts a word that was wrongly omitted by an earlier amendment.