Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Bill 2004

Part 1 Introduction

   

1   Short title

                   This Act may be cited as the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

27 April 2004

2.  Sections 4 to 24

At the same time as section 3 of the MRCA commences.

 

3.  Schedules 1 and 2

At the same time as section 3 of the MRCA commences.

 

4.  Schedule 3, items 1 to 7

At the same time as section 3 of the MRCA commences.

 

5.  Schedule 3, items 7A and 7B

The later of:

(a) the time when section 3 of the MRCA commences; and

(b) the time when the Age Discrimination Act 2004 commences.

 

6.  Schedule 3, items 8 to 105

At the same time as section 3 of the MRCA commences.

 

7.  Schedule 4

At the same time as section 3 of the MRCA commences.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4   Definitions

             (1)  In this Act:

commencement date means the date on which section 3 of the Military Rehabilitation and Compensation Act 2004 commences.

MRCA means the Military Rehabilitation and Compensation Act 2004 .

old injury or disease has the meaning given by section 13.

relates to defence service has the meaning given by section 5.

SRCA means the Safety, Rehabilitation and Compensation Act 1988 .

VEA means the Veterans’ Entitlements Act 1986 .

             (2)  Expressions used in this Act that are defined in the MRCA have the same meanings as they have in that Act.

5   Definition of relates to defence service

Definition of relates to defence service for injuries, diseases and deaths

             (1)  For the purposes of this Act, an injury, disease or death relates to defence service rendered by a person if:

                     (a)  it resulted from an occurrence that happened while the person was rendering that service; or

                     (b)  it arose out of, or was attributable to, that service; or

                     (c)  it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

                              (i)  to a place for the purpose of performing duty; or

                             (ii)  away from a place of duty upon having ceased to perform duty; or

                     (d)  in the case of an injury—it resulted from an accident that would not have occurred:

                              (i)  but for the rendering of that service by the person; or

                             (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or

                     (e)  in the case of a disease—it would not have occurred:

                              (i)  but for the rendering of that service by the person; or

                             (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or

                      (f)  in the case of a death of a person—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:

                              (i)  but for the rendering of that service by the person; or

                             (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service.

Definition of relates to defence service for aggravations and material contributions

             (2)  For the purposes of this Act, an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, relates to defence service rendered by a person if:

                     (a)  it resulted from an occurrence that happened while the person was rendering that service; or

                     (b)  it arose out of, or was attributable to, that service; or

                     (c)  it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:

                              (i)  to a place for the purpose of performing duty; or

                             (ii)  away from a place of duty upon having ceased to perform duty; or

                     (d)  in the case of an aggravation of, or a material contribution to, an injury, or a sign or symptom of an injury—it resulted from an accident that would not have occurred:

                              (i)  but for the rendering of that service by the person; or

                             (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or

                     (e)  in the case of an aggravation of, or a material contribution to, a disease, or a sign or symptom of a disease—it would not have occurred:

                              (i)  but for the rendering of that service by the person; or

                             (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service.

6   Defence service relating to duties before the commencement date

                   To avoid doubt, defence service may be rendered on or after the commencement date even if the service relates to the performance of a duty that ended before that date.

Example:    A member finishes duty just before the commencement date and is injured in an accident while travelling home just after the commencement date. The member is covered by the MRCA.



 

Part 2 Application of the MRCA to certain injuries, diseases, deaths, losses and damage

   

7   Application of the MRCA to certain injuries, diseases and deaths

             (1)  The MRCA applies to a person’s injury, disease or death if:

                     (a)  the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and

                     (b)  the injury, disease or death either:

                              (i)  relates to defence service rendered by the person on or after that date; or

                             (ii)  relates to defence service rendered by the person before, and on or after, that date.

Note:          After the commencement date, benefits stop being provided under the VEA and the SRCA for such injuries, diseases and deaths (see section 9A of the VEA and section 4AA of the SRCA).

             (2)  The MRCA applies to an aggravation of, or a material contribution to, a person’s injury or disease, or a sign or symptom of a person’s injury or disease, if:

                     (a)  the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

                     (b)  the aggravation or material contribution either:

                              (i)  relates to defence service rendered by the person on or after that date; or

                             (ii)  relates to defence service rendered by the person before, and on or after, that date.

Note 1:       After the commencement date, benefits stop being provided under the VEA and the SRCA for such aggravations and material contributions (see section 9A of the VEA and section 4AA of the SRCA).

Note 2:       The MRCA does not apply to an aggravation or material contribution if a person instead applies under section 15 of the VEA for an increase in a pension because of the aggravation or material contribution (see section 9 of this Act).

             (3)  To avoid doubt, defence service is rendered before, and on or after, the commencement date whether the service spans the commencement date or is rendered during separate periods before and on or after that date.

8   Application of the MRCA to injuries, diseases and deaths etc. caused by certain treatment

             (1)  The MRCA applies to an injury, disease or death if:

                     (a)  the injury is sustained, the disease is contracted, or the death occurs, on or after the commencement date; and

                     (b)  the injury, disease or death occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and

                     (c)  the treatment is provided either:

                              (i)  on or after the commencement date; or

                             (ii)  before, and on or after, the commencement date.

Note:          After the commencement date, benefits stop being provided under the VEA and the SRCA for such injuries, diseases and deaths (see section 9A of the VEA and subsection 6A(2A) of the SRCA).

             (2)  The MRCA applies to an aggravation of, or a material contribution to, an injury or disease, or a sign or symptom of an injury or disease, if:

                     (a)  the aggravation or material contribution occurs on or after the commencement date (even if the original injury is sustained, or the original disease is contracted, before that date); and

                     (b)  the aggravation or material contribution occurs as an unintended consequence of treatment of a kind mentioned in section 29 of the MRCA; and

                     (c)  the treatment is provided either:

                              (i)  on or after the commencement date; or

                             (ii)  before, and on or after, the commencement date.

Note 1:       After the commencement date, benefits stop being provided under the VEA and the SRCA for such aggravations and material contributions (see section 9A of the VEA and subsection 6A(2A) of the SRCA).

Note 2:       The MRCA does not apply to an aggravation or material contribution if a person instead applies under section 15 of the VEA for an increase in a pension because of the aggravation or material contribution (see section 9 of this Act).

             (3)  To avoid doubt, treatment is provided before, and on or after, the commencement date whether the treatment spans the commencement date or is provided during separate periods before and on or after that date.

9   MRCA does not apply to certain aggravations of, or material contributions to, VEA injuries and diseases

                   The MRCA does not apply to a person’s aggravation or material contribution if:

                     (a)  the person is given a notice under section 12 of this Act; and

                     (b)  after receiving the notice, the person applies under section 15 of the VEA (or continues with an application already made under that section) for an increase in a rate of a pension on the ground that the person’s incapacity has increased because of the aggravation or material contribution.

Note:          Under section 12, a person who has a war-caused or defence-caused injury or disease that is aggravated etc. by defence service after the commencement date can choose whether the MRCA or the VEA will apply to the aggravated injury or disease.

10   Subsection 7(4) of the SRCA does not apply

                   Subsection 7(4) of the SRCA does not apply in determining the day on which a disease is contracted, or aggravated or materially contributed to, for the purposes of paragraph 7(1)(a) or (2)(a) or 8(1)(a) or (2)(a).

Note:          The Commission must determine the day on which a disease is contracted, or aggravated or materially contributed to, rather than using the day that is deemed by subsection 7(4) of the SRCA.

11   Application of the MRCA to loss or damage to medical aids

                   The MRCA applies to the loss of, or damage to, a member’s medical aid if the loss or damage results from an occurrence that happens on or after the commencement date.

Note:          After the commencement date, benefits stop being provided under the SRCA for such loss and damage (see section 15A of the SRCA).



 

Part 3 Persons who have both VEA/SRCA and MRCA injuries and diseases

   

12   Choice between the MRCA and the VEA for an aggravation of a VEA injury or disease

             (1)  This section applies to a person if:

                     (a)  the person is suffering from a war-caused or defence-caused injury or disease (within the meaning of the VEA); and

                     (b)  after the commencement date:

                              (i)  a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to, the war-caused or defence-caused injury or disease (the aggravated injury or disease ); or

                             (ii)  the person applies under section 15 of the VEA for an increase in a rate of pension on the ground that the incapacity of the person has increased because of an aggravation of, or a material contribution to, the war-caused or defence-caused injury or disease (the aggravated injury or disease ), being an aggravation or material contribution to which subsection 7(2) or 8(2) of this Act applies; and

                     (c)  a notice has not previously been given to the person under this section in respect of the aggravated injury or disease.

             (2)  The Commission must give the person a written notice as soon as practicable advising the person that he or she must choose between:

                     (a)  making a claim under section 319 of the MRCA for acceptance of liability for the aggravated injury or disease; or

                     (b)  applying under section 15 of the VEA for an increase in a rate of pension in respect of the aggravated injury or disease.

Note:          A person makes the choice by making a claim or applying, or continuing with a claim or application, under one of those sections.

13   Bringing across impairment points from a VEA or SRCA injury or disease

             (1)  This section applies if:

                     (a)  a claim is made under section 319 of the MRCA in respect of a person who also has:

                              (i)  a separate war-caused or defence-caused injury or disease (within the meaning of the VEA) (the old injury or disease ); or

                             (ii)  a separate injury or disease (within the meaning of the SRCA) (the old injury or disease ); or

                     (b)  a claim is made under section 319 of the MRCA in respect of an aggravation of, or a material contribution to:

                              (i)  a war-caused or defence-caused injury or disease of a person (within the meaning of the VEA) (the old injury or disease ); or

                             (ii)  an injury or disease of a person (within the meaning of the SRCA) (the old injury or disease );

                            or a sign or symptom of such an injury or disease.

             (2)  The Commission must determine the impairment points constituted by the impairment suffered by the person from the old injury or disease using the guide under section 67 of the MRCA.

             (3)  For the purposes of determining under the MRCA the number of impairment points constituted by an impairment suffered by a person, the Commission must count the impairment points determined for the old injury or disease under subsection (2) towards the person’s total impairment points.

             (4)  The Commission may include in the guide under section 67 of the MRCA one or more methods of working out the amount of compensation a person is entitled to under Part 2 of Chapter 4 of the MRCA (permanent impairment) for the service injury or disease. A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or the SRCA in respect of the old injury or disease.

Note:          The regulations may also include a method of converting lump sum amounts into weekly amounts for the purposes of offsetting (see paragraph 24(3)(b)).

14   Offsetting VEA and SRCA payments against a Special Rate Disability Pension

             (1)  For the purposes of section 204 of the MRCA, the maximum weekly amount of a Special Rate Disability Pension that could be payable to a person, at a time, must also be reduced by one half of the fortnightly rate at which any pension because of paragraph 13(1)(b) or 70(1)(b) of the VEA is payable to the person at that time.

             (2)  For the purposes of section 204 of the MRCA, the maximum weekly amount of a Special Rate Disability Pension that could be payable to a person must also be reduced by the sum of any previous payments of a lump sum to the person under section 24, 25 or 27 of the SRCA, converted to a weekly amount in accordance with regulations made for the purposes of paragraph 24(3)(b) of this Act.



 

Part 4 Other transitional provisions

   

15   No dual entitlement for similar benefits

No dual entitlement for injuries and diseases

             (1)  A person who, at a particular time, would otherwise be entitled to:

                     (a)  a benefit under a VEA or SRCA provision mentioned in column 1 of the table; and

                     (b)  a benefit under an MRCA provision mentioned in column 2;

is instead only entitled to the benefit under the MRCA provision at that time.

 

Equivalent entitlements for injuries and diseases under the VEA or SRCA and the MRCA

 

Item

Column 1

VEA or SRCA provision

Column 2

MRCA provision

1

Subsection 13(4) of the VEA

Section 253 of the MRCA

2

Section 98 of the VEA

Section 217 of the MRCA

3

Section 105 of the VEA

Section 212 of the MRCA

4

Section 107 of the VEA

Part 3, 4 or 6 of Chapter 4 of the MRCA

5

Section 108 of the VEA

Part 3, 4 or 6 of Chapter 4 of the MRCA

6

Part VII of the VEA

Section 258 of the MRCA

7

Section 19, 20, 21, 21A or 31 of the SRCA

Part 3, 4 or 6 of Chapter 4 of the MRCA

8

Section 22 of the SRCA

Section 127 of the MRCA

9

Subsection 29(1) of the SRCA

Section 214 of the MRCA

10

Subsection 29(3) of the SRCA

Section 217 of the MRCA

Note:          Payments of Commonwealth superannuation that are being offset under section 20, 21 or 21A of the SRCA might instead be offset under Part 4 or 6 of Chapter 4 of the MRCA (see section 16 of this Act).

No dual entitlement for travel expenses for treatment

             (2)  A person who would otherwise be entitled to:

                     (a)  a benefit under a VEA or SRCA provision mentioned in column 1 of the table in respect of a journey or accommodation; and

                     (b)  a benefit under an MRCA provision mentioned in column 2 in respect of the journey or accommodation;

is instead only entitled to the benefit under the MRCA provision in respect of the journey or accommodation.

 

Equivalent entitlements for travel expenses for treatment under the VEA or SRCA and the MRCA

 

Item

Column 1

VEA or SRCA provision

Column 2

MRCA provision

1

Subsection 110(1) of the VEA

Subsection 290(1) or 291(1) of the MRCA

2

Subsection 110(2) of the VEA

Subsection 290(2) or 291(2) of the MRCA

3

Subsection 16(6) of the SRCA

Division 2 of Part 4 of Chapter 6 of the MRCA

4

Subsection 16(9) of the SRCA

Section 297 of the MRCA

No dual entitlement for treatment expenses

             (3)  A person who would otherwise be entitled to compensation under subsection 16(1) of the SRCA, and Part 2 of Chapter 6 of the MRCA, in respect of the same treatment is instead only entitled to the compensation under the MRCA for the treatment.

No dual entitlement for modifications of aids and appliances etc.

             (4)  A person who would otherwise be entitled to:

                     (a)  a benefit under an SRCA provision mentioned in column 1 of the table in respect of a modification, alteration, repair, replacement or provision of a thing; and

                     (b)  a benefit under an MRCA provision mentioned in column 2 in respect of the modification, alteration, repair, replacement or provision;

is instead only entitled to the benefit under the MRCA provision in respect of the modification, alteration, repair, replacement or provision.

 

Equivalent entitlements for modifications of aids and appliances etc. under the SRCA and the MRCA

 

Item

Column 1

SRCA provision

Column 2

MRCA provision

1

Paragraph 39(1)(c), (d) or (e) of the SRCA

Section 56 of the MRCA

2

Paragraph 39(1)(d) or (e) of the SRCA

Section 212 of the MRCA

No dual entitlement for deaths

             (5)  A person who would otherwise be entitled to:

                     (a)  a benefit under a VEA or SRCA provision mentioned in column 1 of the table in respect of a person’s death; and

                     (b)  a benefit under an MRCA provision mentioned in column 2 in respect of the death;

is instead only entitled to the benefit under the MRCA provision in respect of the death.

 

Equivalent entitlements for deaths under the VEA or SRCA and the MRCA

 

Item

Column 1

VEA or SRCA provision

Column 2

MRCA provision

1

Section 98B of the VEA

Section 266 of the MRCA

2

Subsection 99(1) of the VEA

Section 266 of the MRCA

3

Subsection 99(2) of the VEA

Section 266 of the MRCA

4

Paragraph 99(4)(b) of the VEA

Section 297 of the MRCA

5

Subsection 16(9) of the SRCA

Section 297 of the MRCA

6

Subsection 17(3) of the SRCA

Parts 1 to 4 of Chapter 5 of the MRCA

7

Subsection 17(4) of the SRCA

Part 4 of Chapter 5 of the MRCA

8

Subsection 17(5) of the SRCA

Section 253 of the MRCA

9

Section 18 of the SRCA

Section 266 of the MRCA

             (6)  To avoid doubt, if this section stops a person from being entitled, under a provision of an Act, to a benefit at a time or in respect of a thing, then compensation, an allowance, a pension or any other benefit is not payable, or to be granted, under the provision at that time or in respect of that thing to or for the benefit of the person.

16   Offsetting amounts of Commonwealth superannuation under the MRCA

             (1)  This section applies if:

                     (a)  item 7 of the table in subsection 15(1) stops a person from being entitled to compensation under section 20, 21 or 21A of the SRCA (compensation for incapacity if superannuation is paid); and

                     (b)  apart from this section, the person would be entitled to compensation of an amount:

                              (i)  that is worked out under Subdivision C of Division 2 of Part 4 of Chapter 4 of the MRCA (compensation for incapacity if no superannuation is paid); or

                             (ii)  that would be worked out under that Subdivision if the person had not chosen to receive a Special Rate Disability Pension.

             (2)  The superannuation scheme (within the meaning of the SRCA) is taken to be a Commonwealth superannuation scheme (within the meaning of the MRCA) for the purposes of the MRCA.

Note:          This means that amounts of superannuation that are being offset under the SRCA are offset under the MRCA.

             (3)  For the purposes of the MRCA, the amounts mentioned in column 1 of the table are taken to be the same as the amounts under the SRCA mentioned in column 2.

 

Transferring superannuation amounts

 

Item

Column 1

This MRCA amount...

Column 2

is taken to the same as this SRCA amount...

1

the superannuation pension amount mentioned in section 134 of the MRCA

the superannuation amount (in relation to a pension) mentioned in section 20 of the SRCA

2

the superannuation lump sum amount mentioned in section 135 of the MRCA

the superannuation amount (in relation to a lump sum benefit) mentioned in section 21 of the SRCA

3

the superannuation pension amount mentioned in section 136 of the MRCA

the weekly superannuation amount mentioned in section 21A of the SRCA

4

the superannuation lump sum amount mentioned in section 136 of the MRCA

the superannuation lump sum benefit mentioned in section 21A of the SRCA

17   Amount of compensation where a person has redeemed an amount under the SRCA

             (1)  This section sets out the amount of compensation for a week that a person who has previously redeemed an amount under section 30 of the SRCA is entitled to under Part 4 of Chapter 4 of the MRCA.

             (2)  The amount is worked out using the following formula:

where:

Subdivision C or D compensation amount for a person for a week means the amount of compensation that person would have been paid for the week if Subdivision C or D of Division 2 of Part 4 of Chapter 4 of the MRCA had applied.

weekly amount means the amount for a week that was redeemed at the date of the determination under section 30 of the SRCA.

18   Rehabilitation under the MRCA for persons undergoing rehabilitation under the VEA or SRCA

             (1)  This section applies if:

                     (a)  a person is undertaking a rehabilitation program under the VEA or the SRCA (the old program ); and

                     (b)  the rehabilitation authority for the person determines that the person is to undertake a rehabilitation program under the MRCA (the new program ).

             (2)  The person’s rehabilitation authority may determine that the old program stops being provided under the VEA or the SRCA.

             (3)  If the authority does so, the approved program provider may (but does not have to) incorporate all or part of the old program in designing or providing the new program.

             (4)  If the approved program provider incorporates all or part of the old program, then the Commonwealth must pay all unpaid costs incurred in respect of the old program.

19   Bringing across current Statements of Principles determined under section 196B of the VEA

             (1)  For the purposes of the MRCA, a Statement of Principles that is in force under subsection 196B(2), (3), (11) or (12) of the VEA immediately before the commencement date is taken to have been made on the commencement date under that subsection for the purposes of the MRCA.

Note:          The Statements of Principles continue in force for the purposes of the VEA in respect of injuries and diseases etc. to which that Act applies.

Translating references in a subsection 196B(2) or (11) Statement of Principles

             (2)  For a Statement of Principles mentioned in subsection (1) that is made under subsection 196B(2) or (11), references in column 1 of the table have effect for the purposes of the MRCA as if they were the references in column 2.

 

Translating references in a subsection 196B(2) or (11) Statement of Principles

 

Item

Column 1

A reference in the Statement of Principles to this...

Column 2

is taken to include a reference to this...

1

operational service, peacekeeping service or hazardous service as defined in the VEA

warlike service or non-warlike service as defined in the MRCA

2

paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the VEA

paragraphs 27(d) and 28(1)(d) of the MRCA

3

section 120A of the VEA

section 338 of the MRCA

Translating references in a subsection 196B(3) or (12) Statement of Principles

             (3)  For a Statement of Principles mentioned in subsection (1) that is made under subsection 196B(3) or (12), references in column 1 of the table have effect for the purposes of the MRCA as if they were the references in column 2.

 

Translating references in a subsection 196B(3) or (12) Statement of Principles

 

Item

Column 1

A reference in the Statement of Principles to this...

Column 2

is taken to include a reference to this...

1

eligible war service (other than operational service) or defence service (other than hazardous service) as defined in the VEA

peacetime service as defined in the MRCA

2

paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the VEA

paragraphs 27(d) and 28(1)(d) of the MRCA

3

section 120B of the VEA

section 339 of the MRCA

20   Bringing across the current Veterans’ Children Education Scheme

             (1)  For the purposes of the MRCA, the scheme in force under section 117 of the VEA immediately before the commencement date is taken to have been determined on that date under section 258 of the MRCA.

Note:          The scheme continues in force for the purposes of the VEA in respect of eligible children to whom that Act applies.

             (2)  A reference in the scheme to an eligible child as defined in the VEA is taken to be a reference to an eligible young person mentioned in section 258 of the MRCA.

             (3)  A reference in the scheme to the Repatriation Commission is taken to be a reference to the Military Rehabilitation and Compensation Commission.

21   Bringing across the current Treatment Principles etc.

                   For the purposes of the MRCA, the following documents that are in force under the VEA immediately before the commencement date are taken to have been determined on that date under section 286 of the MRCA:

                     (a)  the Treatment Principles in force under section 90 of the VEA;

                     (b)  the Repatriation Private Patient Principles in force under section 90A of the VEA;

                     (c)  the scheme for providing pharmaceutical benefits in force under section 91 of the VEA.

Note:          The documents continue in force for the purposes of the VEA in respect of treatment to which that Act applies.

22   Bringing across declared member declarations

                   For the purposes of the MRCA, a declaration in force under subsection 5(6A) of the SRCA immediately before the commencement date is taken to have been made on that date under section 8 of the MRCA.

Note:          A declaration under subsection 5(6A) continues in force for the purposes of the SRCA in respect of injuries and diseases etc. to which that Act applies.

23   Decisions reviewable under Chapter 8 of the MRCA

                   A decision made under or in respect of this Act (other than a decision made under or in respect of a provision being inserted or amended by Schedule 1 or 2 to this Act) is taken to be an original determination for the purposes of Chapter 8 of the MRCA.

Note:          This means that the review provisions in Chapter 8 of the MRCA apply to a decision made under or in respect of this Act. (The review provisions under or in respect of the VEA or the SRCA apply to a decision made under a provision being inserted or amended by Schedule 1 or 2 to this Act respectively.)

24   Regulations may provide for transitional etc. issues

             (1)  The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the enactment of the MRCA or this Act.

             (2)  Despite subsection 48(2) of the Acts Interpretation Act 1901 , regulations made under this section within 1 year after commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.

             (3)  Without limiting subsection (1), the regulations may provide:

                     (a)  that persons who are entitled to compensation under the MRCA cease to be entitled to a similar benefit under the VEA or the SRCA; and

                     (b)  a method of converting a lump sum amount into weekly amounts for the purpose of working out an amount of compensation payable for a service injury or disease under Parts 2 and 6 of Chapter 4 of the MRCA.