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

Schedule 1   Amendments

Part 1   Main amendments

Military Rehabilitation and Compensation Act 2004

6   Section 268B

Repeal the section, substitute:

268B Acute support package

Acute support package

(1) The Commission 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 a member or former member; or

(b) who is or was a related person of a member, former member or deceased member;

to assist the person to adjust to challenging life circumstances.

Note: Decisions of the Commission under this instrument are reviewable (see section 345B).

Eligibility criteria for 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 a member or former member, 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 for incapacity under Part 3 or 4 of Chapter 4 or a Special Rate Disability Pension;

(c) the Commission 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 a member or former member, the criteria are as follows:

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

(b) the member or former member is receiving, or is eligible to receive, compensation for incapacity under Part 3 or 4 of Chapter 4 or a Special Rate Disability Pension;

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

(5) If the person is a wholly dependent partner of a deceased member, 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 deceased member's death occurred no more than 2 years before the day the person's eligibility for the package is determined;

(c) either:

(i) the deceased member's death was related to service rendered by the member; or

(ii) the Commission is satisfied that the deceased member's death was a suicide related to service rendered by the member.

(6) If the person was the partner of a member or former member, 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 member's or former member's partner within the previous 12 months;

(ii) a child of the member or former member 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 Commission being satisfied of one or more specified matters.

Definition of related person - extended meaning of member

(9) For the purposes of the definition of related person in subsection 15(2), a reference to a member includes a reference to a deceased member.

Note: A reference to a member in that definition also includes a reference to a former member (see section 20).