Document ID: chunk:federal_register_of_legislation:F2023C00151:front:0:p2
Version: federal_register_of_legislation:F2023C00151
Segment Type: other
Provision Reference: 
Character Range: 2724–5808

the Military Rehabilitation and Compensation Act 2004, it is determined by the Military Rehabilitation and Compensation Commission that the following Guide to Impairment and Compensation applies as the guide for the determination of the degree of impairment and lifestyle ratings when determining the compensation payable to a person under the Military Rehabilitation and Compensation Act 2004.

    6.  Power under C&T Act

    (1) Subsection 13(4) of the C&T Act provides that the MRCC 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 for a service injury or disease where a person also has:

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

       (b) a separate injury or disease (within the meaning of the SRCA).

    (2) A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or SRCA in respect of the old injury or disease.

    (3) In this section:

    C&T Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

    MRCA means the Military Rehabilitation and Compensation Act 2004.

    MRCC means the Military Rehabilitation and Compensation Commission.

    SRCA means the Safety, Rehabilitation and Compensation Act 1988.

    VEA means the Veterans' Entitlements Act 1986.

    7.  Application provisions

         The application provisions in the Schedule have effect.
    Schedule

Application provisions

        (a) In this Schedule:

         Commencement day means the day on which GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced.

         Note: GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced on 1 July 2013.

         Commission means the Military Rehabilitation and Compensation Commission.

         permanent impairment, in relation to a person, means the person's impairment for which compensation is payable under Chapter 4 of Part 2 of the Military Rehabilitation and Compensation Act 2004 (MRCA).

        (b) Subject to paragraphs (c) and (d), the provisions of Chapter 25 of GARP M (as in force on the commencement day) are taken to apply to all claims to which section 13 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 applies on and from 1 July 2004.

        (c) Subject to paragraph (e), if,

             (i) a person is a person whose permanent impairment was calculated under Chapter 25 as it applied prior to the commencement day (pre-existing methodology); and

             (ii) on or after the commencement day, the application of the methodology in Chapter 25 of GARP M as in force on the commencement day (new methodology) would result in a lower amount of compensation for that person