Document ID: chunk:federal_register_of_legislation:F2023C00151:front:0:p3
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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 for the same condition and level of impairment that applied on the day that the last determination was made before 1 July 2013:

         then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.

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

             (i) a person has made a claim in respect of a permanent impairment before 1 July 2013; and

             (ii) the claim has not been determined before 1 July 2013;

         then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.

        (e) For a person to whom paragraph (c) or (d) applies, the pre-existing methodology is to apply until a determination of the amount of compensation payable for a person's permanent impairment using the new methodology results in a change in the amount of compensation payable.

        (f) Despite section 3, this instrument is taken not to apply retrospectively to 2 July 2015 in respect of a claim lodged by a person on or after that date and before the registration of this instrument, to the extent that the application of the new methodology would result in a lower amount of compensation for that person in respect of that claim than the person would have received if the pre-existing methodology had been applied to determine the person's permanent impairment for that claim.

Guide to Determining Impairment and Compensation 2016

Instrument 2016 No. MRCC37

made under subsection 67(1) of the

Military Rehabilitation and Compensation Act 2004

Compilation No. 1

Compilation date: 15 December 2022

Includes amendments up to: F2022L01648

Registered: 1 February 2023

This compilation is in 2 volumes

Volume 1: sections 1–7
 Schedule
Volume 2: The Guide
 Endnotes

About this compilation

This compilation

This is a compilation of the Guide to Determining Impairment and Compensation 2016 that shows the text of the law as amended and in force on 15 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For