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Schedule 4—Australian Defence Force Cover Act 2015

Schedule 4 Australian Defence Force Cover Act 2015

Part 1 Medical discharge

Australian Defence Force Cover Act 2015

1  Section 4 (at the end of the definition of medically discharged )

Add:

Note:          Under section 31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

2  Subsection 18(1)

After “must”, insert “, unless subsection (2A) applies,”.

3  After subsection 18(2)

Insert:

Determinations if section 31A applies

          (2A)  If section 31A applies to a person, CSC must, as soon as reasonably practicable after the time CSC becomes satisfied as mentioned in paragraph 31A(b) in relation to the person, determine what was the percentage of the person’s incapacity for civil employment at the time of the person’s medical discharge.

Note:          Under section 31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

          (2B)  If, because of the determination under subsection (2A), CSC classifies the person as class A or class B under section 19, CSC may, at the time it makes that determination, also determine what was the percentage of the person’s incapacity for civil employment at any time or times that occurred after the person’s medical discharge.

Note:          For determining the person’s incapacity at a time occurring after CSC makes the determination under subsection (2A), see subsection (4).

4  Before subsection 18(3)

Insert:

Determinations not required if pension not payable because of Subdivision C

5  Subsection 18(3)

Omit “subsection (1)”, substitute “subsections (1) to (2B)”.

6  Subsection 18(4)

After “civil employment”, insert “at that time”.

7  Subsection 19(2)

Omit “subsection 18(4) (which deals with a discretionary determination)”, substitute “subsection 18(2B) or (4) (discretionary determinations)”.

8  Subsection 21(1)

After “this Subdivision”, insert “(including a classification made under section 19 because of a determination under subsection 18(2A))”.

9  At the end of subsection 21(1)

Add:

Note:          Subsection 18(2A) applies if a person is taken, under section 31A, to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

10  Paragraph 21(2)(b)

Before “that earlier day”, insert “on”.

Note:       This item fixes a grammatical error.

11  After subsection 21(2)

Insert:

          (2A)  A classification made under section 19 because of a determination under subsection 18(2B) of what was a person’s incapacity for civil employment at a particular time takes effect at that particular time.

Note:          Subsection 18(2B) applies if a person is taken, under section 31A, to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

12  Subsection 21(3)

Omit “or (2)”, substitute “, (2) or (2A)”.

13  Paragraph 21(3)(b)

Before “that later day”, insert “on”.

Note:       This item fixes a grammatical error.

14  Subsection 21(4)

Omit “of the person”, substitute “of a person under this Subdivision, except a classification described in subsection (5),”.

15  At the end of section 21

Add:

             (5)  A classification of a person made under section 19 because of a determination under subsection 18(2A) or (2B) ceases to have effect when another classification of the person under this Subdivision takes effect.

Note:          The other classification takes effect before it is made if paragraph (2)(b) or subsection (2A) of this section applies.

16  At the end of Part 2

Add:

Division 6 Other provisions

31A   Persons who could have been medically discharged

                   For the purposes of this Act, a person is taken to have been medically discharged at a time because of a physical or mental impairment if:

                     (a)  the person ceased at that time to be a covered ADF member other than because he or she was medically discharged; and

                     (b)  CSC is later satisfied that, at that time, grounds existed on which the person could have been medically discharged because of the physical or mental impairment.

Note:          A person affected by a decision of CSC under paragraph (b) may request CSC to reconsider the decision under section 58.

17  Section 51

Before “If a”, insert “(1)”.

18  At the end of section 51

Add:

             (2)  This section does not apply if section 31A applies to the member.

Note:          Under section 31A, a person is taken in certain circumstances to have been medically discharged even though he or she ceased to be a covered ADF member for a different reason.

19  Application of amendments

The amendments made by this Part apply in relation to a person who ceased or ceases to be a covered ADF member on or after 1 July 2016.

Part 2 Eligible children

Australian Defence Force Cover Act 2015

20  Subparagraph 5(1)(b)(ii)

Omit “subparagraph; and”, substitute “subparagraph.”.

21  Subparagraph 5(1)(b)(iii)

Repeal the subparagraph.

22  Subsection 10(1)

Omit “one or more eligible children of the invalid or member who are wholly or substantially dependent on the spouse”, substitute “the eligible children of the invalid or member”.

23  Subsection 10(2) (table, column headings)

Repeal the headings, substitute:

Item

Column 1

Number of eligible children of the invalid or member

Column 2

Percentage

24  Section 15

Omit “, if there is no surviving spouse,”.

25  Subsection 26(5) (heading)

Repeal the heading, substitute:

Increase in rate—eligible children

26  Subsection 26(5)

Omit “one or more eligible children of the invalid are wholly or substantially dependent on the spouse”, substitute “there are one or more eligible children of the invalid”.

27  Paragraphs 32(a) and (b)

Repeal the paragraphs, substitute:

       (a)     the surviving spouse or eligible children of the member; or

28  Paragraph 32(c)

Omit “dependent eligible children”, substitute “eligible children”.

29  Subsection 34(4) (heading)

Repeal the heading, substitute:

Increase in rate—eligible children

30  Subsection 34(4)

Omit “one or more eligible children of the covered ADF member are wholly or substantially dependent on the spouse”, substitute “there are one or more eligible children of the covered ADF member”.

31  Subsection 39(3)

After “equal the”, insert “maximum”.

32  At the end of section 39

Add:

Effect of death of surviving spouse

             (5)  If:

                     (a)  a determination under this section relates to 2 or more persons mentioned in paragraph (1)(a) or (b); and

                     (b)  one of those persons dies;

the determination continues to apply in relation to the other person or persons.

33  After subsection 41(2)

Insert:

          (2A)  Without limiting paragraphs (1)(b) and (2)(a), the person mentioned in that paragraph may be:

                     (a)  one of the eligible children; or

                     (b)  another surviving spouse of the invalid or member.

          (2B)  Without limiting when CSC may make a determination under subsection (2), CSC must consider whether to make such a determination in relation to a pension payable to a surviving spouse if CSC becomes aware that one or more of the eligible children of the invalid or member are not wholly or substantially dependent on the surviving spouse.

34  Subsection 41(3)

Omit “affect”, substitute “effect”.

Note:       This item fixes a spelling error.

35  At the end of section 41

Add:

Effect of death of surviving spouse

             (4)  If CSC makes a determination under subsection (2) in relation to a surviving spouse and one or more eligible children mentioned in paragraph (1)(a), and the surviving spouse dies:

                     (a)  a pension payable under the determination as mentioned in paragraph (2)(a) ceases to be payable to the extent that it is payable for the welfare of any of those eligible children who were wholly or substantially dependent on the spouse immediately before the spouse died; and

                     (b)  a pension payable under the determination is not otherwise affected by the death of the spouse; and

                     (c)  if the sum of:

                              (i)  the rate of any pension payable under the determination after the death of the spouse; and

                             (ii)  the rate of any pension (the dependants’ pension ) payable to or for one or more eligible children because of the death of the surviving spouse;

                            would otherwise exceed the maximum rate of the pension that could be payable because of the death of the surviving spouse (i.e. the rate that would be payable if the maximum eligible children pension percentage applied)—the rate of the dependants’ pension is reduced by the amount of the excess.

36  Subsection 42(3)

Omit “affect”, substitute “effect”.

Note:       This item fixes a spelling error.

37  Application of amendments

The amendments made by this Part apply, and are taken to have applied, on and after 1 July 2016.

Part 3 Other amendments

Australian Defence Force Cover Act 2015

38  Paragraph 58(2)(a)

Repeal the paragraph, substitute:

                     (a)  be made in writing; and

                    (aa)  be given to CSC within:

                              (i)  30 days after CSC gives notice of the decision to the person; or

                             (ii)  such further period as CSC, in special circumstances, allows; and

39  Application of amendments

The amendment made by this Part applies in relation to a decision of CSC made on or after the commencement of this item.

(63/17)