Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 (108 of 2017)

Schedule 1   Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

Part 2   Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988

Division 1   Amendments

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

23   Section 4AA

Repeal the section, substitute:

4AA Application of this Act

(1) This Act applies (subject to Part X) in relation to an injury that is not an ailment, or an aggravation of an injury that is not an ailment, suffered by an employee if:

(a) the injury or aggravation arises out of, or in the course of, the employee's employment as a member of the Defence Force; and

(b) the employment occurred:

(i) on or after the commencement of section 3 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and

(ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

Note 1: Comcare and the Safety, Rehabilitation and Compensation Commission do not have any liability in respect of injuries, losses, damage or deaths that relate to defence service (see section 4AA of the Safety, Rehabilitation and Compensation Act 1988).

Note 2: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an injury or aggravation that relates to employment that occurred after the MRCA commencement date.

Note 3: See also subsection 6A(2A) (injury arising out of or in the course of employment - extended operation).

Note 4: The Safety, Rehabilitation and Compensation Act 1988 (which previously covered members of the Defence Force) was originally called the Commonwealth Employees' Rehabilitation and Compensation Act 1988.

(2) This Act applies (subject to Part X) in relation to an ailment, or an aggravation of an ailment, suffered by an employee if:

(a) the ailment or aggravation is contributed to, to a significant degree, by the employee's employment as a member of the Defence Force; and

(b) the employment occurred:

(i) on or after the commencement of section 3 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and

(ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an ailment or aggravation that relates to employment that occurred after the MRCA commencement date.

(3) This Act applies (subject to Part X) in relation to loss of, or damage to, property used by an employee if:

(a) the loss or damage resulted from an accident that arose out of, and in the course of, the employee's employment as a member of the Defence Force; and

(b) the employment occurred:

(i) on or after the commencement of section 3 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and

(ii) before the MRCA commencement date (which was 1 July 2004).

Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for loss or damage that relates to employment that occurred after the MRCA commencement date.

(4) This Act applies (subject to Part X), in accordance with section 6A, in relation to any injury suffered by an employee if:

(a) the injury is suffered as an unintended consequence of medical treatment received by the employee that was paid for by the Commonwealth; and

(b) the treatment was provided on or after the commencement of section 3 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and

(c) section 8 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 does not apply in relation to the injury.

Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for injuries suffered as an unintended consequence of medical treatment paid for by the Commonwealth if the treatment was provided after the MRCA commencement date.

(5) To avoid doubt, employment occurred before, and on or after, the MRCA commencement date whether the employment spanned the commencement date or occurred during separate periods before and on or after that date.