Commonwealth Consolidated Acts

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 6A

             (1)  This section applies to the following employees:

                     (a)  members of the Defence Force;

                     (b)  members of the Australian Air Force Cadets (see section 8 of the Air Force Act 1923 );

                     (c)  members of the Australian Army Cadets (see section 62 of the Defence Act 1903 );

                     (d)  members of the Australian Navy Cadets (see section 38 of the Naval Defence Act 1910 );

                     (e)  persons declared by the Minister under subsection 5(6A).

             (2)  If, at any time, whether before, on, or after, 1 December 1988:

                     (a)  an employee to whom this section applies received or receives medical treatment paid for by the Commonwealth; and

                     (b)  as an unintended consequence of that treatment the person suffered or suffers an injury;

the injury to the employee is taken to have arisen out of, or in the course of, the person's employment, whether or not the person has remained an employee to whom this section applies.

          (2A)  However, subsection (2) does not apply if:

                     (a)  the employee is a member (within the meaning of the MRCA); and

                     (b)  the injury or aggravation is first suffered on or after the MRCA commencement date; and

                     (c)  the injury or aggravation is suffered as an unintended consequence of medical treatment paid for by the Commonwealth; and

                     (d)  the treatment is provided either:

                              (i)  on or after the MRCA commencement date; or

                             (ii)  before, and on or after, the MRCA commencement date (whether the treatment spans the commencement date or is provided during separate periods before and on or after that date).

Note:          After the MRCA commencement date, compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for such an injury or aggravation.

             (3)  Subsection (2) applies whether or not the original condition that was being treated was compensable under this Act.