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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 319

Making a claim

             (1)  A claim may be made under this section for one or more of the following:

                     (a)  acceptance of liability by the Commission for a service injury sustained by a person or a service disease contracted by a person;

                     (b)  acceptance of liability by the Commission for the service death of a person;

                     (c)  acceptance of liability by the Commission for the loss of, or damage to, a member's medical aid;

                     (d)  compensation.

Note:          Section 320 sets out who may make the claim.

             (2)  A claim must:

                     (a)  be in writing; and

                     (b)  be given to the Commission; and

                     (c)  satisfy the requirements (if any):

                              (i)  prescribed by the regulations; or

                             (ii)  determined in writing by the Commission;

                            as to the form and content of claims, or claims of that kind.

Note:          Section 323 sets out when a claim is taken to have been given to the Commission.

             (3)  The Commission must give a copy of a claim that has been made in respect of a person to the person's service chief if:

                     (a)  the claim is for the acceptance of liability by the Commission for a service injury sustained by the person, a service disease contracted by the person or the person's service death; and

                     (b)  the person was a member of the Defence Force:

                              (i)  for a claim relating to a service injury or disease--at the time the claim was made; or

                             (ii)  for a claim relating to a service death--at the time of death.

             (4)  The Commission must give a copy of a claim that has been made in respect of a person to the person's service chief if:

                     (a)  the claim is for compensation under Part 2 of Chapter 4 (permanent impairment); and

                     (b)  the person was a member of the Defence Force at the time the claim was made.



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