Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016 No., 2016

Transcription

1 0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 0 No., 0 (Veterans Affairs) A Bill for an Act to amend the law relating to the rehabilitation and treatment of, and compensation for, members of the Defence Force, and for related purposes

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3 Contents Short title... Commencement... Schedules... Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Division Amendments Safety, Rehabilitation and Compensation (Defence-related Claims) Act Division Application and transitional provisions Part Amendments relating to pension age 0 Division Amendments 0 Safety, Rehabilitation and Compensation (Defence-related Claims) Act 0 Division Application provision Schedule Amendment of the Safety, Rehabilitation and Compensation Act Part Amendments Safety, Rehabilitation and Compensation Act Part Application and transitional provisions Schedule Amendments of other Acts Age Discrimination Act 00 Australian Participants in British Nuclear Tests (Treatment) Act 00 Defence Act 0 Defence Force (Home Loans Assistance) Act 0 No., 0 Safety, Rehabilitation and Compensation Legislation Amendment i

4 Defence Home Ownership Assistance Scheme Act 00 Disability Discrimination Act 0 Income Tax Assessment Act 0 Military Rehabilitation and Compensation Act 00 0 Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00 Superannuation Act Veterans Entitlements Act ii Safety, Rehabilitation and Compensation Legislation Amendment No., 0

5 0 A Bill for an Act to amend the law relating to the rehabilitation and treatment of, and compensation for, members of the Defence Force, and for related purposes The Parliament of Australia enacts: Short title This Act is the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 0. Commencement () Each provision of this Act specified in column of the table commences, or is taken to have commenced, in accordance with No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

6 column of the table. Any other statement in column has effect according to its terms. Commencement information Column Column Column Provisions Commencement Date/Details. Sections to and anything in this Act not elsewhere covered by this table. Schedule, Part. Schedule, Part. Schedule, Part. Schedules and The day this Act receives the Royal Assent. The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) the start of July 0. Immediately after the commencement of the provisions covered by table item. Immediately after the commencement of the provisions covered by table item. However, if Division of Part of Schedule to the Seafarers and Other Legislation Amendment Act 0 commences at or before that time, the provisions do not commence at all. Immediately after the commencement of the provisions covered by table item. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. 0 () Any information in column of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule Safety, Rehabilitation and Compensation Legislation Amendment No., 0

7 concerned, and any other item in a Schedule to this Act has effect according to its terms. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

8 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 0 0 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act () Without limiting the effect of the Safety, Rehabilitation and Compensation Act apart from this item, that Act, as in force at the time this item commences, is re-enacted as the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Note : This item creates a second version of the Safety, Rehabilitation and Compensation Act. This second version will be amended by this Schedule, and will continue in force in relation to an injury, disease, death, loss or damage that relates to certain employment that occurred before the MRCA commencement date. Note : If this item commences on July 0, the version of the Safety, Rehabilitation and Compensation Act that is re-enacted by this item will include amendments made by the Seafarers and Other Legislation Amendment Act 0 that also commence on that day. () For the purposes of subparagraph 0(A)(a)(ii) of the Acts Interpretation Act 0, the secular year in which the Safety, Rehabilitation and Compensation (Defence-related Claims) Act was passed is taken to be and its number is taken to be. Note: This means that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act may be cited as Act No. of. () Subitem () has effect despite section of the Acts Interpretation Act 0. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

9 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part 0 Previous versions of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act () This item applies if, in administering the Safety, Rehabilitation and Compensation (Defence-related Claims) Act (the DRCA) in relation to a claim, that Act, or an instrument made under that Act, applies in relation to a time before this Part commences. () The version of the DRCA, or the instrument, that applies in relation to the time is taken to be the same as the version of the Safety, Rehabilitation and Compensation Act (the SRCA), or the relevant instrument made under the SRCA, that would have applied in relation to the time if this Schedule had not been enacted (taking into account any transitional, application and saving provisions in any Act or instrument that amended the SRCA or the instrument before that time). () This item does not prevent a provision of a later Act or instrument overriding this item (whether expressly or impliedly). No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

10 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act 0 0 Part Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Division Amendments Safety, Rehabilitation and Compensation (Defence-related Claims) Act Title Omit of employees of the Commonwealth and certain corporations and to workers compensation for those employees and certain other persons, substitute and treatment of, and compensation for, members of the Defence Force. Subsection () (definitions of ACT enactment, ACT Self-Government Act and administering authority) Repeal the definitions. Subsection () (definition of approved program provider) Repeal the definition, substitute: approved program provider means a person or body approved under section F or H of the SRC Act as a rehabilitation program provider and includes a person or body so approved whose approval is renewed under section L of that Act. Subsection () (definition of Chief Executive Officer) Repeal the definition. Subsection () (at the end of the definition of Comcare) Add of the SRC Act. Subsection () (at the end of the definition of Commission) Add of the SRC Act. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

11 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part 0 0 Subsection () (definitions of Commissioner and Commonwealth) Repeal the definitions. 0 Subsection () (paragraph (b) of the definition of Commonwealth authority) Omit an ACT enactment or a law of, substitute a law of the Australian Capital Territory or. Subsection () (note at the end of the definition of Commonwealth authority) Repeal the note. Subsection () (definitions of corporation, Deputy Chief Executive Officer and eligible corporation) Repeal the definitions. Subsection () (definition of exempt authority) After section, insert of the SRC Act. Subsection () (definitions of exit contribution and Finance Minister) Repeal the definitions. Subsection () (at the end of the definitions of licence, licensed corporation and licensee) Add of the SRC Act. Subsection () (definition of member) Repeal the definition. Subsection () Insert: MRCC means the Military Rehabilitation and Compensation Commission. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

12 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act 0 0 Subsection () (definitions of premium, previous Commission and special premium) Repeal the definitions. Subsection () Insert: SRC Act means the Safety, Rehabilitation and Compensation Act. 0 Subsections (0) and (0A) Repeal the subsections. Subsection () Omit, or has ceased to be,. Subsection () Repeal the subsection. Section AA Repeal the section, substitute: AA Application of this Act () 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 of the Commonwealth Employees Rehabilitation and Compensation Act (which was December ); and Safety, Rehabilitation and Compensation Legislation Amendment No., 0

13 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part (ii) before the MRCA commencement date (which was July 00), but not before and on or after, the MRCA commencement date. Note : 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 AA of the Safety, Rehabilitation and Compensation Act ). Note : 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 : See also subsection A(A) (injury arising out of or in the course of employment extended operation). Note : The Safety, Rehabilitation and Compensation Act (which previously covered members of the Defence Force) was originally called the Commonwealth Employees Rehabilitation and Compensation Act. () 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 of the Commonwealth Employees Rehabilitation and Compensation Act (which was December ); and (ii) before the MRCA commencement date (which was July 00), 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. () This Act applies (subject to Part X) in relation to loss of, or damage to, property used by an employee if: No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

14 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act (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 of the Commonwealth Employees Rehabilitation and Compensation Act (which was December ); and (ii) before the MRCA commencement date (which was July 00). 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. () This Act applies (subject to Part X), in accordance with section A, 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 of the Commonwealth Employees Rehabilitation and Compensation Act (which was December ); and (c) section of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00 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. () 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. Section Repeal the section, substitute: 0 Safety, Rehabilitation and Compensation Legislation Amendment No., 0

15 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Employees () In this Act: employee means a member of the Defence Force. () For the purposes of this Act, a person who is a member of the Defence Force is taken to be employed by the Commonwealth, and the person s employment is taken to be constituted by the person s performance of duties as such a member of the Defence Force. Note: However, members of the Defence Force with service after the MRCA commencement date might only be entitled to compensation under the MRCA and not this Act (see section AA and subsection A(A) of this Act). Persons taken to be members of the Defence Force () The Minister may, by legislative instrument, declare: (a) that persons specified in the declaration, being persons who: (i) hold an honorary rank in the Defence Force before the MRCA commencement date; or (ii) are, before the MRCA commencement date, members of a philanthropic organisation that provides services to the Defence Force; or (iii) undertake resettlement training, before the MRCA commencement date, under an arrangement made by the Defence Force; are, for the purposes of this Act, taken to be members of the Defence Force; and (b) that such persons employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration; and such a declaration has effect accordingly. Note: Declarations in respect of these kinds of people can be made under the MRCA for service after the MRCA commencement date (see section of the MRCA). () The Minister may, by legislative instrument, declare: (a) that persons specified in the declaration, being persons who, before the MRCA commencement date, engage in activities No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

16 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth in relation to the Defence Force, are, for the purposes of this Act, taken to be employed by the Commonwealth; and (b) that such persons employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration; and such a declaration has effect accordingly. Former employees () A reference to an employee in a provision of this Act that applies to an employee at a time after Comcare, a licensed authority or a licensed corporation has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee. Act not to apply to certain members of the Defence Force () Subject to subsections () and (), this Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by: (a) the Veterans Entitlements Act ; or (b) the Papua New Guinea (Members of the Forces Benefits) Act. Note: Compensation and other benefits might also be available for a member of the Defence Force under the MRCA. Generally, an injury, disease or death that is covered by that Act would not be covered by this Act (see section AA and subsection A(A) of this Act). () Subsection () does not apply in relation to a veteran: (a) who has rendered operational service on or after the day on which the Military Compensation Act commences; and (b) for whom provision for the payment of pension in respect of service rendered by the person is made by Part II of the Veterans Entitlements Act. () Subsection () does not apply in relation to a member of the Defence Force who has rendered service in respect of which Safety, Rehabilitation and Compensation Legislation Amendment No., 0

17 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part 0 0 provision for the payment of pension is made by Part IV of the Veterans Entitlements Act. Paragraph A()(e) Omit (A), substitute (). Paragraph A(A)(a) Repeal the paragraph. Paragraph A(A)(b) After is first suffered, insert by the employee. Paragraph ()(c) Omit (disregarding the effect of any declarations under subsection ()). Paragraph ()(a) Omit or (). 0 Subsection () (note) Omit section A, substitute subsection AA(). Section A Repeal the section. Subsection A() Omit (other than section 0C). Divisions and of Part III Repeal the Divisions. Division of Part III (heading) Repeal the heading. Section Repeal the section. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

18 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act 0 0 Paragraph A()(b) After Part VIII, insert of the SRC Act. Sections B to D Repeal the sections. Subsection 0() Repeal the subsection. Subsection (A) After Part VIII, insert of the SRC Act. 0 Paragraph ()(d) After Part VIII, insert of the SRC Act. Paragraphs (A)(b) and (c) After Part VIII, insert of the SRC Act. Parts VII and VIII Repeal the Parts. Subsections A() and B() Omit (other than section 0C). Subparagraphs A()(a)(ii) and (iii) After Part VIII, insert of the SRC Act. After section A Insert: B Regulations modifying the operation of this Act () The regulations may modify the operation of this Act. () Before the Governor-General makes regulations under subsection (), the Minister must be satisfied that it is necessary or Safety, Rehabilitation and Compensation Legislation Amendment No., 0

19 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part 0 0 desirable to make the regulations to ensure that no person (except the Commonwealth) is disadvantaged by the enactment of this Act. Section (definitions of MRCC, Veterans Affairs Department and Veterans Affairs Minister) Repeal the definitions. Paragraph ()(b) Omit claims; and, substitute claims.. Paragraphs ()(c) and (d) Repeal the paragraphs. Subsections () and () Repeal the subsections. 0 Paragraph ()(a) Omit references in section and. Paragraph ()(c) Omit Division of Part III, section or Part VI, VII or VIII, substitute section or Part VI. Subsection () Omit () Despite, substitute Despite. Subsection () Repeal the subsection. Section 0 Repeal the section. Paragraph ()(b) Omit Veterans Affairs. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

20 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act 0 0 Section Repeal the section. Subsection () After D, insert of the SRC Act. Subsection () After H, insert of the SRC Act. Subsection () After D, insert of that Act. 0 Sections and Repeal the sections. Subsection () Repeal the subsection, substitute: () A report under subsection () must include particulars of any directions given by the Minister under section during the financial year to which the report relates. Division Application and transitional provisions Definitions In this Part: first commencement time means the time when Part of this Schedule commences. second commencement time means the time when this Part commences. Instruments under the Safety, Rehabilitation and Compensation Act () This item applies if: (a) an instrument made under or for the purposes of a provision of the Safety, Rehabilitation and Compensation Act was Safety, Rehabilitation and Compensation Legislation Amendment No., 0

21 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part in force immediately before the first commencement time; and (b) immediately after the second commencement time, there is a corresponding provision in the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. () Without limiting its effect apart from this item, the instrument is also taken, after the second commencement time, to have been made under or for the purposes of the corresponding provision. () To avoid doubt, the instrument may be varied, amended or revoked under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act after the second commencement time. Claims, applications, requests and other processes begun under the Safety, Rehabilitation and Compensation Act () This item applies if: (a) a process begun (including by claim, application or request) under a provision of the Safety, Rehabilitation and Compensation Act before the first commencement time was not completed by that time; and (b) immediately after the second commencement time, there is a corresponding provision in the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. () Without limiting its effect apart from this item, the process is also taken, after the second commencement time, to have been begun under the corresponding provision. Payments of compensation made under the Safety, Rehabilitation and Compensation Act () This item applies in relation to a payment of compensation made under a provision of the Safety, Rehabilitation and Compensation Act to, or in respect of, an employee (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act ) before this item commences in relation to any of the following events: (a) any injury, disease or death of the employee; No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

22 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Main amendments of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act (b) any loss of, or damage to, property used by the employee. () The payment is taken, after that commencement, to have been made under the corresponding provision of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act in relation to the event. Application of section A Section A of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act applies in relation to: (a) any salary, wages or pay paid before or after this item commences; and (b) any determination made by the MRCC before or after this item commences. Application of offences Without limiting this Part, sections to of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act apply in relation to: (a) a claim of which a person becomes aware; or (b) damages which are recovered; before or after this item commences (except if the MRCC has been notified of the claim or damages before this item commences). Transitional rules () The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Act. () However, to avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; Safety, Rehabilitation and Compensation Legislation Amendment No., 0

23 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Main amendments of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. () This Act (other than subitem ()) does not limit the rules that may be made for the purposes of subitem (). No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

24 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Amendments relating to pension age 0 0 Part Amendments relating to pension age Division Amendments Safety, Rehabilitation and Compensation (Defence-related Claims) Act Subsection () Insert: pension age has the meaning given by subsection (A), (B), (C) or (D) of the Social Security Act. 0 Subsection () Omit, substitute pension age. Subsection (A) Omit suffers an injury (whether before or after the commencement of this subsection), substitute the age that is years before pension age suffers an injury. Subsection (B) Repeal the subsection. Subsection 0() (paragraph (a) of the definition of number of days) Repeal the paragraph, substitute: (a) if the employee is injured before reaching the age that is years before pension age on the day immediately before the day on which the employee reaches pension age; and Subsection 0() (paragraph (b) of the definition of number of days) Omit years of age, substitute the age that is years before pension age. 0 Safety, Rehabilitation and Compensation Legislation Amendment No., 0

25 Enactment and amendment of the Safety, Rehabilitation and Compensation (Defencerelated Claims) Act Schedule Amendments relating to pension age Part Subsection () (definition of number of days) Omit years of age, substitute pension age. Division Application provision Application pension age () The amendments of section of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act made by this Part apply, subject to subitem (), in relation to a payment of compensation in respect of a week that begins on or after July 0. () However, in the case of an employee who suffered an injury before the commencement of this item, subitem () does not prevent a week from being counted for the purposes of subparagraph (A)(b)(ii) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act (as amended by this Act) even if the week begins before July 0. () If: (a) an employee suffered an injury before July 0; and (b) compensation is payable under section, 0,, A or of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act in respect of the injury for 0 weeks (whether consecutive or not) during which the employee is incapacitated; and (c) the last of those weeks (the final payment week) ends before the employee reaches pension age (within the meaning of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act (as amended by this Act)); subsection (A) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act (as amended by this Act) has effect, in relation to the injury, as if the number of weeks mentioned in subparagraph (b)(ii) of that subsection were increased by the number of weeks in the period: (d) beginning immediately after the end of the final payment week; and (e) ending immediately before the employee reaches pension age (within the meaning of the Safety, Rehabilitation and No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

26 Schedule Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Part Amendments relating to pension age Compensation (Defence-related Claims) Act (as amended by this Act)). () The amendment of section of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act made by this Part applies in relation to a determination made by the relevant authority on or after July 0. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

27 Amendment of the Safety, Rehabilitation and Compensation Act Schedule Amendments Part 0 0 Schedule Amendment of the Safety, Rehabilitation and Compensation Act Part Amendments Safety, Rehabilitation and Compensation Act Subsection () (definition of Defence Department) Omit MRCA, substitute Military Rehabilitation and Compensation Act 00. Subsection () Insert: defence service has the meaning given by the Military Rehabilitation and Compensation Act 00. Subsection () (definitions of MRCA and MRCA commencement date) Repeal the definitions. Subsection () (paragraph (c) of the definition of rehabilitation authority) Omit employed; and, substitute employed.. Subsection () (paragraph (d) of the definition of rehabilitation authority) Repeal the paragraph. Subsection () (note) Repeal the note. Section AA Repeal the section, substitute: No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

28 Schedule Amendment of the Safety, Rehabilitation and Compensation Act Part Amendments 0 0 AA Liabilities of Comcare and the Commission with respect to defence service Neither Comcare nor the Commission has any liability under this Act in respect of an injury, loss, damage or death that relates to defence service (whenever it occurred). Paragraph ()(b) Repeal the paragraph. Subsection () Omit, by the person s performance of duties as such a member of the Defence Force. 0 Subsection () (note) Repeal the note. Subsections (A) and (0) to (0D) Repeal the subsections. At the end of section Add: () To avoid doubt, a member of the Defence Force is not an employee. Note: For members of the Defence Force, see the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section A Repeal the section. Subsection () (note) Repeal the note. Section A Repeal the section. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

29 Amendment of the Safety, Rehabilitation and Compensation Act Schedule Amendments Part 0 0 Subsection () (note) Repeal the note. Paragraphs ()(b) and (d) Repeal the paragraphs. Subsection () (note) Repeal the note. Subsection A() Omit (). 0 Subsection A() Repeal the subsection. Section Repeal the section. Subsection () (definition of prescribed dependant) Omit or by whom, or on whose behalf, a request under section relating to compensation under this Act in respect of that injury has been made. Subsection () Repeal the subsection, substitute: () If a claim relating to an employee is given to Comcare, Comcare must cause a copy of the claim to be given to the principal officer of the Entity, Commonwealth authority or licensed corporation in which the employee was employed at that time. At the end of subsection D() Add: Note: Comcare must also make a determination under section DAA of the amount of regulatory contribution to be paid by the Defence Department. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

30 Schedule Amendment of the Safety, Rehabilitation and Compensation Act Part Amendments 0 0 After section DA Insert: DAA Regulatory contributions by Defence Department () Comcare must make a determination of the amount of the regulatory contribution to be paid by the Defence Department in respect of a financial year in relation to defence service. () The amount of the regulatory contribution to be paid for a particular financial year is the sum of: (a) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under this Act that Comcare determines, in accordance with guidelines under section E, to be referable to the Defence Department in relation to defence service; and (b) that part of the estimated cost incurred by the Commission and Comcare in carrying out their respective functions under the repealed Occupational Health and Safety Act, the Work Health and Safety Act 0 and the Work Health and Safety (Transitional and Consequential Provisions) Act 0 that Comcare determines, in accordance with those guidelines, to be referable to the Defence Department in relation to defence service. DAB Modifications of provisions relating to contributions Sections E to P apply to the Defence Department in relation to defence service, but only so far as those sections relate to determinations under section DAA. Part XI Repeal the Part. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

31 Amendment of the Safety, Rehabilitation and Compensation Act Schedule Application and transitional provisions Part 0 Part Application and transitional provisions Transitional provision Despite the repeal of paragraph ()(b) of the Safety, Rehabilitation and Compensation Act by this Schedule, that paragraph, as in force immediately before that repeal, continues in effect in relation to an amount paid or payable in respect of a period of leave of absence granted, or in lieu of the grant of a period of leave of absence, before the time of the repeal. Application of amendments Sections DAA and DAB of the Safety, Rehabilitation and Compensation Act, as inserted by this Schedule, and the repeal of sections and of that Act, by this Schedule, apply in relation to: (a) if a determination under section of that Act has not been made for the financial year in which this item commences that financial year; and (b) any financial year that commences after this item commences. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

32 Schedule Amendments of other Acts 0 0 Schedule Amendments of other Acts Age Discrimination Act 00 Paragraph ()(fc) Repeal the paragraph, substitute: (fc) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act ; or Schedule (after table item ) A Insert: Safety, Rehabilitation and Compensation (Defence-related Claims) Act Australian Participants in British Nuclear Tests (Treatment) Act 00 Subparagraph ()(b)(i) After Safety, Rehabilitation and Compensation Act, insert or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Defence Act 0 Paragraph B()(b) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Transitional provision () The Defence Determination 0/, as in force immediately before the commencement of this item, applies after that commencement as if a reference in that Determination to the Safety, Rehabilitation and Compensation Act or the SRC Act were a reference to the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

33 Amendments of other Acts Schedule 0 0 () This item does not prevent the amendment or revocation of the Determination after that commencement. Subsection 0B() (definition of salary) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Application of amendments The amendment of the definition of salary in subsection 0B() of the Defence Act 0 made by this Schedule applies in relation to payments of compensation made after this item commences. Defence Force (Home Loans Assistance) Act 0 Section (after paragraph (a) of the definition of compensable disability) Insert: (aa) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act ; or Subsection () (after subparagraph (b)(i) of the definition of prescribed member) Insert: (iaa) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act ; or Defence Home Ownership Assistance Scheme Act 00 0 Section (after paragraph (a) of the definition of compensable condition) Insert: (aa) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act ; No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

34 Schedule Amendments of other Acts 0 0 Disability Discrimination Act Paragraph ()(j) Repeal the paragraph, substitute: (j) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Income Tax Assessment Act Paragraphs -()(a) and ()(a) and -()(a) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Military Rehabilitation and Compensation Act 00 Section Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section 0A (heading) Repeal the heading, substitute: 0A Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Subsection 0A() Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsection 0A() (note ) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. 0 Safety, Rehabilitation and Compensation Legislation Amendment No., 0

35 Amendments of other Acts Schedule 0 0 Section (paragraph (b) of the definition of compensable treatment) Omit SRCA injuries, substitute injuries covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section (note at the end of the definition of compensable treatment) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section 00 (note ) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. 0 Paragraph (c) Omit SRCA injuries, substitute injuries covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section (note ) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00 Subsection () Insert: DRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsections () and () and () and () (note) Repeal the note. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

36 Schedule Amendments of other Acts 0 0 Section 0 (heading) Repeal the heading, substitute: 0 Subsection () of the DRCA does not apply Section 0 Omit SRCA, substitute DRCA. Section 0 (note) Omit SRCA, substitute DRCA. Section (note) Repeal the note. Part (heading) Repeal the heading, substitute: Part Persons who have both VEA/DRCA and MRCA injuries and diseases Section (heading) Repeal the heading, substitute: Bringing across impairment points from a VEA or DRCA injury or disease 0 Section Omit SRCA (wherever occurring), substitute DRCA. Section (heading) Repeal the heading, substitute: Safety, Rehabilitation and Compensation Legislation Amendment No., 0

37 Amendments of other Acts Schedule 0 0 Offsetting VEA and DRCA payments against a Special Rate Disability Pension Subsection () Omit SRCA, substitute DRCA. Sections and Omit SRCA (wherever occurring), substitute DRCA. Application of amendments The amendments of sections, and of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00 made by this Schedule apply in relation to benefits and amounts paid (however described) after this item commences. Section (heading) Repeal the heading, substitute: Amount of compensation where a person has redeemed an amount under the DRCA Section Omit SRCA (wherever occurring), substitute DRCA. Application of amendments The amendments of section of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 00 made by this Schedule apply in relation to amounts redeemed after this item commences. Section (heading) Repeal the heading, substitute: Rehabilitation under the MRCA for persons undergoing rehabilitation under the VEA or DRCA Section Omit SRCA (wherever occurring), substitute DRCA. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

38 Schedule Amendments of other Acts Section (note) Repeal the note. Section (note) Omit (The review provisions under or in respect of the VEA or the SRCA apply to a decision made under a provision being inserted or amended by Schedule or to this Act respectively.). Paragraph ()(a) Omit SRCA, substitute DRCA. Superannuation Act Paragraph ()(d) After Safety, Rehabilitation and Compensation Act, insert or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Section A (paragraph (a) of the definition of compensation leave) After Safety, Rehabilitation and Compensation Act, insert or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsections G() and JA(A) After Military Rehabilitation and Compensation Act 00, insert or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsection A() After Safety, Rehabilitation and Compensation Act, insert, the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

39 Amendments of other Acts Schedule 0 0 Veterans Entitlements Act Section A (heading) Repeal the heading, substitute: A Offsetting certain payments made under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act Subsection A() Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsection 0B() (definition of damages) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. 0 Subsection 0C() (heading) Repeal the heading, substitute: Lump sum payment Safety, Rehabilitation and Compensation (Defence-related Claims) Act (section ) Paragraph 0C()(a) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsection 0C() (heading) Repeal the heading, substitute: No., 0 Safety, Rehabilitation and Compensation Legislation Amendment

40 Schedule Amendments of other Acts Lump sum payment Safety, Rehabilitation and Compensation (Defence-related Claims) Act (section 0) Paragraph 0C()(a) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsections 0G() and 0H() (note) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Paragraphs (A)(a) and (B)(a) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsections () and (A) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Application of amendments The amendments of sections A, 0B, 0C, and of the Veterans Entitlements Act made by this Schedule apply in relation to payments made or received (however described) after this item commences. Subsection 0(A) Omit SRCA injuries, substitute injuries covered by the Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Subsection 0(A) (note) Omit Safety, Rehabilitation and Compensation Act, substitute Safety, Rehabilitation and Compensation (Defence-related Claims) Act. Safety, Rehabilitation and Compensation Legislation Amendment No., 0

41 Amendments of other Acts Schedule 0 Application of amendments The amendments of section 0 of the Veterans Entitlements Act made by this Schedule apply in relation to treatment obtained after this item commences. No., 0 Safety, Rehabilitation and Compensation Legislation Amendment