Defence, Veterans' and Families' Acute Support Package Act 2022 (40 of 2022)

Schedule 1   Amendments

Part 1   Main amendments

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

11   After Part III

Insert:

Part IIIA - Acute support

41B Acute support package

Acute support package

(1) The MRCC may, by legislative instrument, make provision for and in relation to the granting of a package (an acute support package ) of assistance or benefits of a specified kind to a person:

(a) who is an employee; or

(b) who is or was a related person of an employee or deceased employee;

to assist the person to adjust to challenging life circumstances.

Note: Decisions of the MRCC under the instrument are reviewable (see section 60A).

Eligibility criteria for an acute support package

(2) The instrument must provide that a person is not eligible for an acute support package unless the criteria mentioned in subsection (3), (4), (5) or (6) are satisfied.

(3) If the person is an employee, the criteria are as follows:

(a) the person is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) the person is receiving, or is eligible to receive, compensation under Division 3 of Part II;

(c) the MRCC is satisfied that the person, or a related person, is experiencing, or is at risk of experiencing, crisis.

(4) If the person is a related person of an employee, the criteria are as follows:

(a) the employee is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) the employee is receiving, or is eligible to receive, compensation under Division 3 of Part II;

(c) the MRCC is satisfied that the person is experiencing, or is at risk of experiencing, crisis.

(5) If the person was the spouse of an employee immediately before the employee's death, the criteria are as follows:

(a) the person was wholly or partly dependent on the employee at the date of the employee's death;

(b) the person is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(c) the deceased employee's death occurred no more than 2 years before the day the person's eligibility for the package is determined;

(d) the deceased employee's death resulted from an injury.

(6) If the person was the spouse of an employee, the criteria are as follows:

(a) the person is under 65 years of age at the time the person's eligibility for an acute support package is determined;

(b) at the time the person's eligibility for the package is determined, either or both of the following apply:

(i) the person ceased being the employee's spouse within the previous 12 months;

(ii) a child of the employee who is under 18 years lives with the person;

(c) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis.

Instrument may deal with various matters

(7) Without limiting subsection (1), the instrument may make provision for and in relation to the following:

(a) additional eligibility criteria for an acute support package;

(b) criteria for the granting of assistance or benefits;

(c) the kinds of assistance or benefits that may be granted, which may include child care, counselling, household assistance, services to build capacity and academic and extra-curricular support for children;

(d) the conditions on which assistance or benefits are granted;

(e) limits (whether financial or otherwise) on the provision of assistance or benefits;

(f) the suspension or cancellation of the provision of assistance or benefits;

(g) arrangements for the payment of assistance or benefits.

(8) Without limiting paragraph (7)(a) or (b), the criteria may depend on the MRCC being satisfied of one or more specified matters.