Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Act 2019 (122 of 2019)

Schedule 1   Single treatment pathway

Part 1   Main amendments

Military Rehabilitation and Compensation Act 2004

16   After Division 1 of Part 4 of Chapter 6

Insert:

Division 1A - Compensation for treatment obtained in special circumstances

288A Compensation for those entitled to treatment under Part 3

The Commonwealth is liable to pay compensation for the cost of treatment obtained for a person's injury or disease if:

(a) the person is entitled to treatment under Part 3 for the injury or disease; and

(b) the person obtains the treatment before any determination by the Commission that the person is entitled to the treatment under that Part; and

(c) it was reasonable for the person to obtain the treatment; and

(d) a claim for compensation in respect of the person has been made under section 319.

288B Compensation for treatment prior to a service death

The Commonwealth is liable to pay compensation for the cost of treatment obtained for a person's injury or disease if:

(a) the person dies from the injury or disease after obtaining the treatment; and

(b) the person's death is a service death for which the Commission has accepted liability; and

(c) it was reasonable for the person to obtain the treatment in the circumstances; and

(d) a claim for compensation has been made under section 319 by the person's legal personal representative.

288C Compensation in other special circumstances

The Commonwealth is liable to pay compensation for the cost of treatment obtained for a person's service injury or disease if:

(a) the Commission has accepted liability for the service injury or disease; and

(b) the Commission is satisfied that special circumstances exist in relation to the person and the treatment obtained; and

(c) a claim for compensation in respect of the person has been made under section 319.

288D Relationship of this Part with other compensation provisions

(1) The Commonwealth is not liable to pay compensation under section 288A, 288B or 288C for the cost of treatment if the Commonwealth is liable to pay compensation in respect of the treatment under a section in another Chapter of this Act.

(2) If a person would be entitled to compensation for the cost of treatment under more than one section in this Division, then the Commonwealth is only liable to pay compensation in respect of the treatment under one of those sections.

288E No compensation if aggravated injury or disease ceases to be aggravated etc.

The Commonwealth is not liable to pay compensation for the cost of treatment obtained for an aggravated injury or disease if, at the time of the treatment, the aggravation or material contribution had ceased.

288F Amount of treatment compensation

(1) The Commission must determine the amount of compensation payable under section 288A, 288B or 288C. The amount must be the amount the Commission considers reasonable for the cost of the treatment for a person's injury or disease. However, the amount must not be more than the amount actually incurred in obtaining the treatment.

Note: The amount determined by the Commission must not take into account increases in the cost of a particular treatment after that treatment has been obtained.

(2) The amount of compensation for treatment includes the amount reasonably incurred (whether paid or payable) in the necessary replacement or repair of a medical aid used by the person. This may include any reasonable fees or charges of a practitioner, or other qualified person, for a consultation, examination, prescription, or other service that is reasonably rendered in connection with the replacement or repair.

288G Whom treatment compensation is payable to

(1) Compensation under section 288A, 288B or 288C for the cost of the treatment is payable to:

(a) the person who made the claim for compensation; or

(b) if that person so directs:

(i) the person who provided the treatment; or

(ii) any other person who incurred the cost of the treatment.

Note: A special rule applies if a trustee is appointed under section 432.

(2) A payment under section 288A, 288B or 288C to a person who provided the treatment discharges any liability of any other person for the cost of the treatment to the extent of the payment.