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Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

Safety, Rehabilitation and Compensation (Defence-related Claims) (Full‑time Study) Instrument 2018

Instrument 2018 No. MRCC 76

The Military Rehabilitation and Compensation Commission, by its delegates, under subsection 19(3AC) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, 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 Safety, Rehabilitation and Compensation (Defence-related Claims) (Full‑time Study) Instrument 2018.

2 Commencement
  This instrument commences on 1 November 2018.

3 Authority
   This instrument is made under subsection 19(3AC) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

4 Purpose
   The purpose of this instrument is to determine the circumstances of undertaking full‑time study for the purposes of subsection 19(3AB) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

5 Full-time study
(1)   For the purposes of subsection 19(3AB) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, 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