Document ID: chunk:federal_register_of_legislation:C2016C00143:section:15:p1
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 15 (pt 1/2)
Character Range: 143315–146099

15  Assessment of degree of incapacity
 (1) Where the Commission or the Pensions Committee determines that an Australian mariner has become incapacitated as a direct result of having sustained a war injury:
 (a) in the case of a pilot—while on pilot duty; or
 (b) in every other case—in the course of employment as an Australian mariner;
the Commission, or the Pensions Committee, shall, subject to subsections (2) and (3), determine the degree of incapacity of the mariner according to the provisions of the Guide to the Assessment of Rates of Veterans' Pensions as from time to time approved and in force under section 29 of the Veterans' Entitlements Act 1986.
 (2) Subject to subsection (3), the degree of incapacity shall be determined as 10 per centum or a multiple of 10 per centum, but not exceeding 100 per centum.
 (3) The Commission or the Pensions Committee, as the case requires, may determine that the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is less than 10 per centum (including nought per centum).

Paragraph 17A(1)(a):
Omit the paragraph, substitute the following paragraph:
 (a) a pension calculated under section 22A on the basis that, if the mariner had been a veteran entitled in respect of incapacity from war injury to a pension under Part II of the Veterans' Entitlements Act 1986, section 24 of that Act would have applied to the mariner;

Paragraph 17A(1)(b):
Omit "paragraph 1 of Schedule 5 to the Repatriation Act 1920", substitute "subsection 27(1) of the Veterans' Entitlements Act 1986".

Subsection 18(2):
Omit "the widow of an Australian mariner in the case of his death", substitute "a dependant of a deceased Australian mariner, being a person who is the widow of the mariner,".

Subsection 18(4):
Omit "in the case of his total incapacity is", substitute "is, if the degree of the incapacity is 100 per centum,".

Paragraph 18(4A)(b):
Omit the paragraph, substitute the following paragraph:
 (b) the Commission or a Pensions Committee is satisfied that, if the mariner were a veteran entitled, in respect of incapacity from war injury, to a pension under Part II of the Veterans' Entitlements Act 1986, section 23 of that Act would apply to the mariner;

Subsection 18(7):
Omit "children of an Australian mariner", substitute "dependants of a deceased Australian mariner, being dependants who are children of the mariner".

Sections 19 and 20:
Repeal the sections.

Subsection 21(1):
After "Commission", insert "or a Pensions Committee".

Subsection 21(2):
Omit the subsection, substitute the following subsections:
 (2) Where:
 (a) an Australian mariner is being paid a pension under this Act in respect of incapacity:
 (i) from a war injury affecting the cerebro‑spinal system; or
 (ii) from a war