Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:7_92:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 7 cl 92 (pt 1/2)
Character Range: 436224–438690

92  Transfer of old DRCA incapacity compensation recipients to MRCA
 (1) This section applies in relation to a person if, immediately before the date of commencement, compensation under section 19, 20, 21, 21A, 22 or 31 of the old DRCA is being paid to the person in respect of an injury or disease.

Continued application of old DRCA to weeks before transfer week
 (2) Despite the amendments of the old DRCA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act, the old DRCA continues to apply, on and after the date of commencement, in relation to an amount of compensation payable to the person under section 19, 20, 21, 21A, 22 or 31 of the old DRCA for a week that ends before the transfer week starts, as if those amendments had not been made.

Application of MRCA to transfer week and later weeks
 (3) For the transfer week and each later week:
 (a) if the person is a Permanent Forces member or a continuous full‑time Reservist for the week—section 85 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 85(1)(d) of that Act were omitted; and
 (b) if the person is a part‑time Reservist for the week—section 86 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 86(1)(e) of that Act were omitted; and
 (c) if the person is a cadet or a declared member for the week—section 87 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 87(1)(e) of that Act were omitted; and
 (d) if the person is a former member—subject to subsection (4) of this section, the following apply:
 (i) section 118 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 118(1)(d) of that Act were omitted;
 (ii) sections 141, 144, 149, 154, 161, 164, 168 and 173 of the MRCA have effect in relation to the person and the injury or disease as if a reference to a compensable pay‑related allowance included an allowance covered by the definition of A in subsection 8(1) of the old DRCA.
Note 1: Subsection (3) of this section means that the Commonwealth will be liable to pay compensation to the person under section 85, 86, 87 or 118 of the MRCA (as applicable) in respect of the injury or disease without the person needing to make a claim for compensation under section 319 of the MRCA.
Note 2: The Commission is taken to have accepted liability for the person's injury or disease, and the person's injury or disease