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Military Rehabilitation and Compensation Act 2004

Military Rehabilitation and Compensation (Full‑time Study) Instrument 2018

Instrument 2018 No. MRCC 77

The Military Rehabilitation and Compensation Commission, by its delegates, under subsection 131(5) of the Military Rehabilitation and Compensation Act 2004, makes the following instrument.

Dated this         17th              day of        October              2018

The Seal of the                                                                    )
Military Rehabilitation and Compensation Commission    )  SEAL
was affixed hereto in the                                                     )
presence of:                                                                         )

Elizabeth Cosson    C Orme               M A Kelly
ELIZABETH COSSON    CRAIG ORME           Major General Mark Kelly
AM CSC              DSC AM CSC           AO DSC
CHAIR and DELEGATE  MEMBER and DELEGATE  MEMBER and DELEGATE

1 Name
   This instrument is the Military Rehabilitation and Compensation (Full-time Study) Instrument 2018.

2 Commencement
  This instrument commences on 1 November 2018.

3 Authority
   This instrument is made under subsection 131(5) of the Military Rehabilitation and Compensation Act 2004.

4 Purpose
   The purpose of this instrument is to determine the circumstances of undertaking full‑time study for the purposes of subsection 131(4) of the Military Rehabilitation and Compensation Act 2004.

5 Full-time study
(1)   For the purposes of subsection 131(4) of the Military Rehabilitation and Compensation Act 2004, a person is undertaking full‑time study in the circumstances set out in subsection (2).

(2)   A person is undertaking full‑time study if:

       (a)   the person is enrolled in a course of study or instruction that:

         (i)     leads to the award of any of the types of qualifications referred to in subsection (3); or

         (ii)  is necessary to complete in order to meet the requirements for entry into a course of study or instruction referred to in subparagraph (i); and

       (b)   the person is undertaking in the particular study period (for example, a semester) for which he or she is enrolled in the course at least three‑quarters of the normal amount of full‑time study in respect of the course for that period; and

       (c)   in the Commission's opinion, the person is making satisfactory progress towards completing the course.

(3)   The types of qualifications are:

       (a)   the Senior Secondary Certificate of Education referred to in the Australian Qualifications Framework or a qualification that is equivalent to it; or

       (b)   a qualification accredited at any of the following levels in the Australian Qualifications Framework:

          (i)         Certificate I, II, III or IV;

          (ii)      diploma;

          (iii)    advanced diploma or associate degree;

          (iv)     bachelor degree;

          (v)       bachelor honours degree, graduate certificate or graduate diploma.

(4)   For the purposes of paragraph (2)(b), the normal amount of full‑time study in respect of a course is:

       (a)   if the institution or body conducting the course defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course – the amount so defined; or