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This is a Bill, not an Act. For current law, see the Acts databases.
2016
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 2016
No. , 2016
(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
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Enactment and amendment of the Safety,
Rehabilitation and Compensation
(Defence-related Claims) Act 1988
4
Part 1--Enactment of the Safety, Rehabilitation and
Compensation (Defence-related Claims) Act 1988
4
Part 2--Main amendments of the Safety, Rehabilitation and
Compensation (Defence-related Claims) Act 1988
6
Division 1--Amendments
6
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
6
Division 2--Application and transitional provisions
16
Part 3--Amendments relating to pension age
20
Division 1--Amendments
20
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
20
Division 2--Application provision
21
Schedule 2--Amendment of the Safety, Rehabilitation and
Compensation Act 1988
23
Part 1--Amendments
23
Safety, Rehabilitation and Compensation Act 1988
23
Part 2--Application and transitional provisions
27
Schedule 3--Amendments of other Acts
28
Age Discrimination Act 2004
28
Australian Participants in British Nuclear Tests (Treatment) Act 2006
28
Defence Act 1903
28
Defence Force (Home Loans Assistance) Act 1990
29
ii
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Defence Home Ownership Assistance Scheme Act 2008
29
Disability Discrimination Act 1992
30
Income Tax Assessment Act 1997
30
Military Rehabilitation and Compensation Act 2004
30
Military Rehabilitation and Compensation (Consequential and
Transitional Provisions) Act 2004
31
Superannuation Act 1976
34
Veterans' Entitlements Act 1986
35
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
1
A Bill for an Act to amend the law relating to the
1
rehabilitation and treatment of, and compensation
2
for, members of the Defence Force, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Safety, Rehabilitation and Compensation
7
Legislation Amendment (Defence Force) Act 2016.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) the start of 1 July 2017.
3. Schedule 1,
Part 2
Immediately after the commencement of the
provisions covered by table item 2.
4. Schedule 1,
Part 3
Immediately after the commencement of the
provisions covered by table item 2.
However, if Division 2 of Part 4 of
Schedule 2 to the Seafarers and Other
Legislation Amendment Act 2016
commences at or before that time, the
provisions do not commence at all.
5. Schedules 2
and 3
Immediately after the commencement of the
provisions covered by table item 2.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 1 Enactment of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988
4
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Schedule 1--Enactment and amendment of
1
the Safety, Rehabilitation and
2
Compensation (Defence-related
3
Claims) Act 1988
4
Part 1--Enactment of the Safety, Rehabilitation and
5
Compensation (Defence-related Claims) Act
6
1988
7
1 Enactment of the Safety, Rehabilitation and Compensation
8
(Defence-related Claims) Act 1988
9
(1)
Without limiting the effect of the Safety, Rehabilitation and
10
Compensation Act 1988 apart from this item, that Act, as in force at the
11
time this item commences, is re-enacted as the Safety, Rehabilitation
12
and Compensation (Defence-related Claims) Act 1988.
13
Note 1: This item creates a second version of the Safety, Rehabilitation and Compensation Act
14
1988. This second version will be amended by this Schedule, and will continue in force
15
in relation to an injury, disease, death, loss or damage that relates to certain employment
16
that occurred before the MRCA commencement date.
17
Note 2: If this item commences on 1 July 2017, the version of the Safety, Rehabilitation and
18
Compensation Act 1988 that is re-enacted by this item will include amendments made
19
by the Seafarers and Other Legislation Amendment Act 2016 that also commence on
20
that day.
21
(2)
For the purposes of subparagraph 40(1A)(a)(ii) of the Acts
22
Interpretation Act 1901, the secular year in which the Safety,
23
Rehabilitation and Compensation (Defence-related Claims) Act 1988
24
was passed is taken to be 1988 and its number is taken to be 156.
25
Note:
This means that the Safety, Rehabilitation and Compensation (Defence-related Claims)
26
Act 1988 may be cited as Act No. 156 of 1988.
27
(3)
Subitem (2) has effect despite section 39 of the Acts Interpretation Act
28
1901.
29
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Enactment of the Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988 Part 1
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
5
2 Previous versions of the Safety, Rehabilitation and
1
Compensation (Defence-related Claims) Act 1988
2
(1)
This item applies if, in administering the Safety, Rehabilitation and
3
Compensation (Defence-related Claims) Act 1988 (the DRCA) in
4
relation to a claim, that Act, or an instrument made under that Act,
5
applies in relation to a time before this Part commences.
6
(2)
The version of the DRCA, or the instrument, that applies in relation to
7
the time is taken to be the same as the version of the Safety,
8
Rehabilitation and Compensation Act 1988 (the SRCA), or the relevant
9
instrument made under the SRCA, that would have applied in relation to
10
the time if this Schedule had not been enacted (taking into account any
11
transitional, application and saving provisions in any Act or instrument
12
that amended the SRCA or the instrument before that time).
13
(3)
This item does not prevent a provision of a later Act or instrument
14
overriding this item (whether expressly or impliedly).
15
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
6
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Part 2--Main amendments of the Safety,
1
Rehabilitation and Compensation
2
(Defence-related Claims) Act 1988
3
Division 1
--Amendments
4
Safety, Rehabilitation and Compensation (Defence-related
5
Claims) Act 1988
6
3 Title
7
Omit "of employees of the Commonwealth and certain corporations
8
and to workers' compensation for those employees and certain
9
other persons", substitute "and treatment of, and compensation for,
10
members of the Defence Force".
11
4 Subsection 4(1) (definitions of ACT enactment, ACT
12
Self-Government Act and administering authority)
13
Repeal the definitions.
14
5 Subsection 4(1) (definition of approved program provider)
15
Repeal the definition, substitute:
16
approved program provider means a person or body approved
17
under section 34F or 34H of the SRC Act as a rehabilitation
18
program provider and includes a person or body so approved
19
whose approval is renewed under section 34L of that Act.
20
6 Subsection 4(1) (definition of Chief Executive Officer)
21
Repeal the definition.
22
7 Subsection 4(1) (at the end of the definition of Comcare)
23
Add "of the SRC Act".
24
8 Subsection 4(1) (at the end of the definition of Commission)
25
Add "of the SRC Act".
26
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
7
9 Subsection 4(1) (definitions of Commissioner and
1
Commonwealth)
2
Repeal the definitions.
3
10 Subsection 4(1) (paragraph (b) of the definition of
4
Commonwealth authority)
5
Omit "an ACT enactment or a law of", substitute "a law of the
6
Australian Capital Territory or".
7
11 Subsection 4(1) (note at the end of the definition of
8
Commonwealth authority)
9
Repeal the note.
10
12 Subsection 4(1) (definitions of corporation, Deputy Chief
11
Executive Officer and eligible corporation)
12
Repeal the definitions.
13
13 Subsection 4(1) (definition of exempt authority)
14
After "section 35", insert "of the SRC Act".
15
14 Subsection 4(1) (definitions of exit contribution and
16
Finance Minister)
17
Repeal the definitions.
18
15 Subsection 4(1) (at the end of the definitions of licence,
19
licensed corporation and licensee)
20
Add "of the SRC Act".
21
16 Subsection 4(1) (definition of member)
22
Repeal the definition.
23
17 Subsection 4(1)
24
Insert:
25
MRCC means the Military Rehabilitation and Compensation
26
Commission.
27
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
8
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
18 Subsection 4(1) (definitions of premium, previous
1
Commission and special premium)
2
Repeal the definitions.
3
19 Subsection 4(1)
4
Insert:
5
SRC Act means the Safety, Rehabilitation and Compensation Act
6
1988.
7
20 Subsections 4(10) and (10A)
8
Repeal the subsections.
9
21 Subsection 4(14)
10
Omit ", or has ceased to be,".
11
22 Subsection 4(15)
12
Repeal the subsection.
13
23 Section 4AA
14
Repeal the section, substitute:
15
4AA Application of this Act
16
(1) This Act applies (subject to Part X) in relation to an injury that is
17
not an ailment, or an aggravation of an injury that is not an ailment,
18
suffered by an employee if:
19
(a) the injury or aggravation arises out of, or in the course of, the
20
employee's employment as a member of the Defence Force;
21
and
22
(b) the employment occurred:
23
(i) on or after the commencement of section 3 of the
24
Commonwealth Employees' Rehabilitation and
25
Compensation Act 1988 (which was 1 December 1988);
26
and
27
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
9
(ii) before the MRCA commencement date (which was
1
1 July 2004), but not before and on or after, the MRCA
2
commencement date.
3
Note 1:
Comcare and the Safety, Rehabilitation and Compensation
4
Commission do not have any liability in respect of injuries, losses,
5
damage or deaths that relate to defence service (see section 4AA of
6
the Safety, Rehabilitation and Compensation Act 1988).
7
Note 2:
Compensation for members of the Defence Force is provided under
8
the MRCA (instead of this Act) for an injury or aggravation that
9
relates to employment that occurred after the MRCA commencement
10
date.
11
Note 3:
See also subsection 6A(2A) (injury arising out of or in the course of
12
employment--extended operation).
13
Note 4:
The Safety, Rehabilitation and Compensation Act 1988 (which
14
previously covered members of the Defence Force) was originally
15
called the Commonwealth Employees' Rehabilitation and
16
Compensation Act 1988.
17
(2) This Act applies (subject to Part X) in relation to an ailment, or an
18
aggravation of an ailment, suffered by an employee if:
19
(a) the ailment or aggravation is contributed to, to a significant
20
degree, by the employee's employment as a member of the
21
Defence Force; and
22
(b) the employment occurred:
23
(i) on or after the commencement of section 3 of the
24
Commonwealth Employees' Rehabilitation and
25
Compensation Act 1988 (which was 1 December 1988);
26
and
27
(ii) before the MRCA commencement date (which was
28
1 July 2004), but not before and on or after, the MRCA
29
commencement date.
30
Note:
Compensation for members of the Defence Force is provided under
31
the MRCA (instead of this Act) for an ailment or aggravation that
32
relates to employment that occurred after the MRCA commencement
33
date.
34
(3) This Act applies (subject to Part X) in relation to loss of, or
35
damage to, property used by an employee if:
36
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
10
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
(a) the loss or damage resulted from an accident that arose out
1
of, and in the course of, the employee's employment as a
2
member of the Defence Force; and
3
(b) the employment occurred:
4
(i) on or after the commencement of section 3 of the
5
Commonwealth Employees' Rehabilitation and
6
Compensation Act 1988 (which was 1 December 1988);
7
and
8
(ii) before the MRCA commencement date (which was
9
1 July 2004).
10
Note:
Compensation for members of the Defence Force is provided under
11
the MRCA (instead of this Act) for loss or damage that relates to
12
employment that occurred after the MRCA commencement date.
13
(4) This Act applies (subject to Part X), in accordance with section 6A,
14
in relation to any injury suffered by an employee if:
15
(a) the injury is suffered as an unintended consequence of
16
medical treatment received by the employee that was paid for
17
by the Commonwealth; and
18
(b) the treatment was provided on or after the commencement of
19
section 3 of the Commonwealth Employees' Rehabilitation
20
and Compensation Act 1988 (which was 1 December 1988);
21
and
22
(c) section 8 of the Military Rehabilitation and Compensation
23
(Consequential and Transitional Provisions) Act 2004 does
24
not apply in relation to the injury.
25
Note:
Compensation for members of the Defence Force is provided under
26
the MRCA (instead of this Act) for injuries suffered as an unintended
27
consequence of medical treatment paid for by the Commonwealth if
28
the treatment was provided after the MRCA commencement date.
29
(5) To avoid doubt, employment occurred before, and on or after, the
30
MRCA commencement date whether the employment spanned the
31
commencement date or occurred during separate periods before
32
and on or after that date.
33
24 Section 5
34
Repeal the section, substitute:
35
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
11
5 Employees
1
(1) In this Act:
2
employee means a member of the Defence Force.
3
(2) For the purposes of this Act, a person who is a member of the
4
Defence Force is taken to be employed by the Commonwealth, and
5
the person's employment is taken to be constituted by the person's
6
performance of duties as such a member of the Defence Force.
7
Note:
However, members of the Defence Force with service after the MRCA
8
commencement date might only be entitled to compensation under the
9
MRCA and not this Act (see section 4AA and subsection 6A(2A) of
10
this Act).
11
Persons taken to be members of the Defence Force
12
(3) The Minister may, by legislative instrument, declare:
13
(a) that persons specified in the declaration, being persons who:
14
(i) hold an honorary rank in the Defence Force before the
15
MRCA commencement date; or
16
(ii) are, before the MRCA commencement date, members of
17
a philanthropic organisation that provides services to the
18
Defence Force; or
19
(iii) undertake resettlement training, before the MRCA
20
commencement date, under an arrangement made by the
21
Defence Force;
22
are, for the purposes of this Act, taken to be members of the
23
Defence Force; and
24
(b) that such persons' employment is, for those purposes, taken
25
to be constituted by the performance by those persons of such
26
acts as are specified in the declaration;
27
and such a declaration has effect accordingly.
28
Note:
Declarations in respect of these kinds of people can be made under the
29
MRCA for service after the MRCA commencement date (see
30
section 8 of the MRCA).
31
(4) The Minister may, by legislative instrument, declare:
32
(a) that persons specified in the declaration, being persons who,
33
before the MRCA commencement date, engage in activities
34
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
12
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
or perform acts at the request or direction, for the benefit, or
1
under a requirement made by or under a law, of the
2
Commonwealth in relation to the Defence Force, are, for the
3
purposes of this Act, taken to be employed by the
4
Commonwealth; and
5
(b) that such persons' employment is, for those purposes, taken
6
to be constituted by the performance by those persons of such
7
acts as are specified in the declaration;
8
and such a declaration has effect accordingly.
9
Former employees
10
(5) A reference to an employee in a provision of this Act that applies
11
to an employee at a time after Comcare, a licensed authority or a
12
licensed corporation has incurred a liability in relation to the
13
employee under this Act includes, unless the contrary intention
14
appears, a reference to a person who has ceased to be an employee.
15
Act not to apply to certain members of the Defence Force
16
(6) Subject to subsections (7) and (8), this Act does not apply in
17
relation to service of a member of the Defence Force in respect of
18
which provision for the payment of pension is made by:
19
(a) the Veterans' Entitlements Act 1986; or
20
(b) the Papua New Guinea (Members of the Forces Benefits) Act
21
1957.
22
Note:
Compensation and other benefits might also be available for a member
23
of the Defence Force under the MRCA. Generally, an injury, disease
24
or death that is covered by that Act would not be covered by this Act
25
(see section 4AA and subsection 6A(2A) of this Act).
26
(7) Subsection (6) does not apply in relation to a veteran:
27
(a) who has rendered operational service on or after the day on
28
which the Military Compensation Act 1994 commences; and
29
(b) for whom provision for the payment of pension in respect of
30
service rendered by the person is made by Part II of the
31
Veterans' Entitlements Act 1986.
32
(8) Subsection (6) does not apply in relation to a member of the
33
Defence Force who has rendered service in respect of which
34
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
13
provision for the payment of pension is made by Part IV of the
1
Veterans' Entitlements Act 1986.
2
25 Paragraph 6A(1)(e)
3
Omit "5(6A)", substitute "5(3)".
4
26 Paragraph 6A(2A)(a)
5
Repeal the paragraph.
6
27 Paragraph 6A(2A)(b)
7
After "is first suffered", insert "by the employee".
8
28 Paragraph 7(9)(c)
9
Omit "(disregarding the effect of any declarations under
10
subsection 5(15))".
11
29 Paragraph 8(8)(a)
12
Omit "or (6)".
13
30 Subsection 15(1) (note)
14
Omit "section 15A", substitute "subsection 4AA(3)".
15
31 Section 15A
16
Repeal the section.
17
32 Subsection 23A(4)
18
Omit "(other than section 90C)".
19
33 Divisions 1 and 2 of Part III
20
Repeal the Divisions.
21
34 Division 3 of Part III (heading)
22
Repeal the heading.
23
35 Section 35
24
Repeal the section.
25
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
14
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
36 Paragraph 41A(1)(b)
1
After "Part VIII", insert "of the SRC Act".
2
37 Sections 41B to 41D
3
Repeal the sections.
4
38 Subsection 60(4)
5
Repeal the subsection.
6
39 Subsection 62(2A)
7
After "Part VIII", insert "of the SRC Act".
8
40 Paragraph 64(1)(d)
9
After "Part VIII", insert "of the SRC Act".
10
41 Paragraphs 67(1A)(b) and (c)
11
After "Part VIII", insert "of the SRC Act".
12
42 Parts VII and VIII
13
Repeal the Parts.
14
43 Subsections 112A(5) and 112B(5)
15
Omit "(other than section 90C)".
16
44 Subparagraphs 114A(1)(a)(ii) and (iii)
17
After "Part VIII", insert "of the SRC Act".
18
45 After section 121A
19
Insert:
20
121B Regulations modifying the operation of this Act
21
(1) The regulations may modify the operation of this Act.
22
(2) Before the Governor-General makes regulations under
23
subsection (1), the Minister must be satisfied that it is necessary or
24
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
15
desirable to make the regulations to ensure that no person (except
1
the Commonwealth) is disadvantaged by the enactment of this Act.
2
46 Section 141 (definitions of MRCC,
Veterans' Affairs
3
Department and
Veterans' Affairs Minister)
4
Repeal the definitions.
5
47 Paragraph 142(1)(b)
6
Omit "claims; and", substitute "claims.".
7
48 Paragraphs 142(1)(c) and (d)
8
Repeal the paragraphs.
9
49 Subsections 142(3) and (5)
10
Repeal the subsections.
11
50 Paragraph 147(1)(a)
12
Omit "references in section 28 and".
13
51 Paragraph 147(1)(c)
14
Omit "Division 2 of Part III, section 41 or Part VI, VII or VIII",
15
substitute "section 41 or Part VI".
16
52 Subsection 148(1)
17
Omit "(1) Despite", substitute "Despite".
18
53 Subsection 148(2)
19
Repeal the subsection.
20
54 Section 150
21
Repeal the section.
22
55 Paragraph 151(1)(b)
23
Omit "Veterans' Affairs".
24
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
16
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
56 Section 156
1
Repeal the section.
2
57 Subsection 157(1)
3
After "97D", insert "of the SRC Act".
4
58 Subsection 157(2)
5
After "97H", insert "of the SRC Act".
6
59 Subsection 157(2)
7
After "97D", insert "of that Act".
8
60 Sections 158 and 159
9
Repeal the sections.
10
61 Subsection 161(2)
11
Repeal the subsection, substitute:
12
(2) A report under subsection (1) must include particulars of any
13
directions given by the Minister under section 149 during the
14
financial year to which the report relates.
15
Division 2
--Application and transitional provisions
16
62 Definitions
17
In this Part:
18
first commencement time means the time when Part 1 of this Schedule
19
commences.
20
second commencement time means the time when this Part
21
commences.
22
63 Instruments under the Safety, Rehabilitation and
23
Compensation Act 1988
24
(1)
This item applies if:
25
(a) an instrument made under or for the purposes of a provision
26
of the Safety, Rehabilitation and Compensation Act 1988 was
27
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
17
in force immediately before the first commencement time;
1
and
2
(b) immediately after the second commencement time, there is a
3
corresponding provision in the Safety, Rehabilitation and
4
Compensation (Defence-related Claims) Act 1988.
5
(2)
Without limiting its effect apart from this item, the instrument is also
6
taken, after the second commencement time, to have been made under
7
or for the purposes of the corresponding provision.
8
(3)
To avoid doubt, the instrument may be varied, amended or revoked
9
under the Safety, Rehabilitation and Compensation (Defence-related
10
Claims) Act 1988 after the second commencement time.
11
64 Claims, applications, requests and other processes begun
12
under the Safety, Rehabilitation and Compensation Act
13
1988
14
(1)
This item applies if:
15
(a) a process begun (including by claim, application or request)
16
under a provision of the Safety, Rehabilitation and
17
Compensation Act 1988 before the first commencement time
18
was not completed by that time; and
19
(b) immediately after the second commencement time, there is a
20
corresponding provision in the Safety, Rehabilitation and
21
Compensation (Defence-related Claims) Act 1988.
22
(2)
Without limiting its effect apart from this item, the process is also taken,
23
after the second commencement time, to have been begun under the
24
corresponding provision.
25
65 Payments of compensation made under the Safety,
26
Rehabilitation and Compensation Act 1988
27
(1)
This item applies in relation to a payment of compensation made under
28
a provision of the Safety, Rehabilitation and Compensation Act 1988 to,
29
or in respect of, an employee (within the meaning of the Safety,
30
Rehabilitation and Compensation (Defence-related Claims) Act 1988)
31
before this item commences in relation to any of the following events:
32
(a) any injury, disease or death of the employee;
33
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 2 Main amendments of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988
18
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
(b) any loss of, or damage to, property used by the employee.
1
(2)
The payment is taken, after that commencement, to have been made
2
under the corresponding provision of the Safety, Rehabilitation and
3
Compensation (Defence-related Claims) Act 1988 in relation to the
4
event.
5
66 Application of section 23A
6
Section 23A of the Safety, Rehabilitation and Compensation
7
(Defence-related Claims) Act 1988 applies in relation to:
8
(a) any salary, wages or pay paid before or after this item
9
commences; and
10
(b) any determination made by the MRCC before or after this
11
item commences.
12
67 Application of offences
13
Without limiting this Part, sections 46 to 48 of the Safety, Rehabilitation
14
and Compensation (Defence-related Claims) Act 1988 apply in relation
15
to:
16
(a) a claim of which a person becomes aware; or
17
(b) damages which are recovered;
18
before or after this item commences (except if the MRCC has been
19
notified of the claim or damages before this item commences).
20
68 Transitional rules
21
(1)
The Minister may, by legislative instrument, make rules prescribing
22
matters of a transitional nature (including prescribing any saving or
23
application provisions) relating to the amendments or repeals made by
24
this Act.
25
(2)
However, to avoid doubt, the rules may not do the following:
26
(a) create an offence or civil penalty;
27
(b) provide powers of:
28
(i) arrest or detention; or
29
(ii) entry, search or seizure;
30
(c) impose a tax;
31
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Main amendments of the Safety, Rehabilitation and Compensation (Defence-related
Claims) Act 1988 Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
19
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3)
This Act (other than subitem (2)) does not limit the rules that may be
4
made for the purposes of subitem (1).
5
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 3 Amendments relating to pension age
20
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Part 3--Amendments relating to pension age
1
Division 1
--Amendments
2
Safety, Rehabilitation and Compensation (Defence-related
3
Claims) Act 1988
4
69 Subsection 4(1)
5
Insert:
6
pension age has the meaning given by subsection 23(5A), (5B),
7
(5C) or (5D) of the Social Security Act 1991.
8
70 Subsection 23(1)
9
Omit "65", substitute "pension age".
10
71 Subsection 23(1A)
11
Omit "63 suffers an injury (whether before or after the commencement
12
of this subsection)", substitute "the age that is 2 years before pension
13
age suffers an injury".
14
72 Subsection 23(1B)
15
Repeal the subsection.
16
73 Subsection 30(3) (paragraph (a) of the definition of
17
number of days)
18
Repeal the paragraph, substitute:
19
(a) if the employee is injured before reaching the age that is 2
20
years before pension age--on the day immediately before the
21
day on which the employee reaches pension age; and
22
74 Subsection 30(3) (paragraph (b) of the definition of
23
number of days)
24
Omit "63 years of age", substitute "the age that is 2 years before
25
pension age".
26
Enactment and amendment of the Safety, Rehabilitation and Compensation (Defence-
related Claims) Act 1988 Schedule 1
Amendments relating to pension age Part 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
21
75 Subsection 137(5) (definition of number of days)
1
Omit "65 years of age", substitute "pension age".
2
Division 2
--Application provision
3
76 Application
--pension age
4
(1)
The amendments of section 23 of the Safety, Rehabilitation and
5
Compensation (Defence-related Claims) Act 1988 made by this Part
6
apply, subject to subitem (4), in relation to a payment of compensation
7
in respect of a week that begins on or after 1 July 2017.
8
(2)
However, in the case of an employee who suffered an injury before the
9
commencement of this item, subitem (1) does not prevent a week from
10
being counted for the purposes of subparagraph 23(1A)(b)(ii) of the
11
Safety, Rehabilitation and Compensation (Defence-related Claims) Act
12
1988 (as amended by this Act) even if the week begins before 1 July
13
2017.
14
(3)
If:
15
(a) an employee suffered an injury before 1 July 2017; and
16
(b) compensation is payable under section 19, 20, 21, 21A or 22
17
of the Safety, Rehabilitation and Compensation
18
(Defence-related Claims) Act 1988 in respect of the injury for
19
104 weeks (whether consecutive or not) during which the
20
employee is incapacitated; and
21
(c) the last of those weeks (the final payment week) ends before
22
the employee reaches pension age (within the meaning of the
23
Safety, Rehabilitation and Compensation (Defence-related
24
Claims) Act 1988 (as amended by this Act));
25
subsection 23(1A) of the Safety, Rehabilitation and Compensation
26
(Defence-related Claims) Act 1988 (as amended by this Act) has effect,
27
in relation to the injury, as if the number of weeks mentioned in
28
subparagraph (b)(ii) of that subsection were increased by the number of
29
weeks in the period:
30
(d) beginning immediately after the end of the final payment
31
week; and
32
(e) ending immediately before the employee reaches pension age
33
(within the meaning of the Safety, Rehabilitation and
34
Schedule 1 Enactment and amendment of the Safety, Rehabilitation and Compensation
(Defence-related Claims) Act 1988
Part 3 Amendments relating to pension age
22
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Compensation (Defence-related Claims) Act 1988 (as
1
amended by this Act)).
2
(4)
The amendment of section 137 of the Safety, Rehabilitation and
3
Compensation (Defence-related Claims) Act 1988 made by this Part
4
applies in relation to a determination made by the relevant authority on
5
or after 1 July 2017.
6
Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2
Amendments Part 1
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
23
Schedule 2--Amendment of the Safety,
1
Rehabilitation and Compensation Act
2
1988
3
Part 1--Amendments
4
Safety, Rehabilitation and Compensation Act 1988
5
1 Subsection 4(1) (definition of Defence Department)
6
Omit "MRCA", substitute "Military Rehabilitation and Compensation
7
Act 2004".
8
2 Subsection 4(1)
9
Insert:
10
defence service has the meaning given by the Military
11
Rehabilitation and Compensation Act 2004.
12
3 Subsection 4(1) (definitions of MRCA and MRCA
13
commencement date)
14
Repeal the definitions.
15
4 Subsection 4(1) (paragraph (c) of the definition of
16
rehabilitation authority)
17
Omit "employed; and", substitute "employed.".
18
5 Subsection 4(1) (paragraph (d) of the definition of
19
rehabilitation authority)
20
Repeal the paragraph.
21
6 Subsection 4(3) (note)
22
Repeal the note.
23
7 Section 4AA
24
Repeal the section, substitute:
25
Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 Amendments
24
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
4AA Liabilities of Comcare and the Commission with respect to
1
defence service
2
Neither Comcare nor the Commission has any liability under this
3
Act in respect of an injury, loss, damage or death that relates to
4
defence service (whenever it occurred).
5
8 Paragraph 5(2)(b)
6
Repeal the paragraph.
7
9 Subsection 5(2)
8
Omit ", by the person's performance of duties as such a member of the
9
Defence Force".
10
10 Subsection 5(2) (note)
11
Repeal the note.
12
11 Subsections 5(6A) and (10) to (10D)
13
Repeal the subsections.
14
12 At the end of section 5
15
Add:
16
(17) To avoid doubt, a member of the Defence Force is not an
17
employee.
18
Note:
For members of the Defence Force, see the Safety, Rehabilitation and
19
Compensation (Defence-related Claims) Act 1988.
20
13 Section 6A
21
Repeal the section.
22
14 Subsection 15(1) (note)
23
Repeal the note.
24
15 Section 15A
25
Repeal the section.
26
Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2
Amendments Part 1
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
25
16 Subsection 16(1) (note)
1
Repeal the note.
2
17 Paragraphs 33(2)(b) and (d)
3
Repeal the paragraphs.
4
18 Subsection 37(2) (note)
5
Repeal the note.
6
19 Subsection 41A(1)
7
Omit "(1)".
8
20 Subsection 41A(2)
9
Repeal the subsection.
10
21 Section 43
11
Repeal the section.
12
22 Subsection 49(4) (definition of prescribed dependant)
13
Omit "or by whom, or on whose behalf, a request under section 43
14
relating to compensation under this Act in respect of that injury has
15
been made".
16
23 Subsection 54(4)
17
Repeal the subsection, substitute:
18
(4) If a claim relating to an employee is given to Comcare, Comcare
19
must cause a copy of the claim to be given to the principal officer
20
of the Entity, Commonwealth authority or licensed corporation in
21
which the employee was employed at that time.
22
24 At the end of subsection 97D(1)
23
Add:
24
Note:
Comcare must also make a determination under section 97DAA of the
25
amount of regulatory contribution to be paid by the Defence
26
Department.
27
Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988
Part 1 Amendments
26
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
25 After section 97DA
1
Insert:
2
97DAA Regulatory contributions by Defence Department
3
(1) Comcare must make a determination of the amount of the
4
regulatory contribution to be paid by the Defence Department in
5
respect of a financial year in relation to defence service.
6
(2) The amount of the regulatory contribution to be paid for a
7
particular financial year is the sum of:
8
(a) that part of the estimated cost incurred by the Commission
9
and Comcare in carrying out their respective functions under
10
this Act that Comcare determines, in accordance with
11
guidelines under section 97E, to be referable to the Defence
12
Department in relation to defence service; and
13
(b) that part of the estimated cost incurred by the Commission
14
and Comcare in carrying out their respective functions under
15
the repealed Occupational Health and Safety Act 1991, the
16
Work Health and Safety Act 2011 and the Work Health and
17
Safety (Transitional and Consequential Provisions) Act 2011
18
that Comcare determines, in accordance with those
19
guidelines, to be referable to the Defence Department in
20
relation to defence service.
21
97DAB Modifications of provisions relating to contributions
22
Sections 97E to 97P apply to the Defence Department in relation to
23
defence service, but only so far as those sections relate to
24
determinations under section 97DAA.
25
26 Part XI
26
Repeal the Part.
27
Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2
Application and transitional provisions Part 2
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
27
Part 2--Application and transitional provisions
1
27 Transitional provision
2
Despite the repeal of paragraph 33(2)(b) of the Safety, Rehabilitation
3
and Compensation Act 1988 by this Schedule, that paragraph, as in
4
force immediately before that repeal, continues in effect in relation to an
5
amount paid or payable in respect of a period of leave of absence
6
granted, or in lieu of the grant of a period of leave of absence, before
7
the time of the repeal.
8
28 Application of amendments
9
Sections 97DAA and 97DAB of the Safety, Rehabilitation and
10
Compensation Act 1988, as inserted by this Schedule, and the repeal of
11
sections 158 and 159 of that Act, by this Schedule, apply in relation to:
12
(a) if a determination under section 158 of that Act has not been
13
made for the financial year in which this item commences--
14
that financial year; and
15
(b) any financial year that commences after this item
16
commences.
17
Schedule 3 Amendments of other Acts
28
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Schedule 3--Amendments of other Acts
1
2
Age Discrimination Act 2004
3
1 Paragraph 41(1)(fc)
4
Repeal the paragraph, substitute:
5
(fc) the Safety, Rehabilitation and Compensation
6
(Defence-related Claims) Act 1988; or
7
2 Schedule 1 (after table item 43)
8
Insert:
9
10
43A
Safety, Rehabilitation and Compensation (Defence-related Claims) Act
1988
Australian Participants in British Nuclear Tests (Treatment)
11
Act 2006
12
3 Subparagraph 7(2)(b)(i)
13
After "Safety, Rehabilitation and Compensation Act 1988", insert "or
14
the Safety, Rehabilitation and Compensation (Defence-related Claims)
15
Act 1988".
16
Defence Act 1903
17
4 Paragraph 58B(1)(b)
18
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
19
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
20
1988".
21
5 Transitional provision
22
(1)
The Defence Determination 2016/19, as in force immediately before the
23
commencement of this item, applies after that commencement as if a
24
reference in that Determination to the Safety, Rehabilitation and
25
Compensation Act 1988 or the SRC Act were a reference to the Safety,
26
Rehabilitation and Compensation (Defence-related Claims) Act 1988.
27
Amendments of other Acts Schedule 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
29
(2)
This item does not prevent the amendment or revocation of the
1
Determination after that commencement.
2
6 Subsection 120B(16) (definition of salary)
3
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
4
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
5
1988".
6
7 Application of amendments
7
The amendment of the definition of salary in subsection 120B(16) of
8
the Defence Act 1903 made by this Schedule applies in relation to
9
payments of compensation made after this item commences.
10
Defence Force (Home Loans Assistance) Act 1990
11
8 Section 3 (after paragraph (a) of the definition of
12
compensable disability)
13
Insert:
14
(aa) the Safety, Rehabilitation and Compensation
15
(Defence-related Claims) Act 1988; or
16
9 Subsection 24(4) (after subparagraph (b)(i) of the definition
17
of prescribed member)
18
Insert:
19
(iaa) the Safety, Rehabilitation and Compensation
20
(Defence-related Claims) Act 1988; or
21
Defence Home Ownership Assistance Scheme Act 2008
22
10 Section 3 (after paragraph (a) of the definition of
23
compensable condition)
24
Insert:
25
(aa) the Safety, Rehabilitation and Compensation
26
(Defence-related Claims) Act 1988;
27
Schedule 3 Amendments of other Acts
30
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Disability Discrimination Act 1992
1
11 Paragraph 51(1)(j)
2
Repeal the paragraph, substitute:
3
(j) the Safety, Rehabilitation and Compensation
4
(Defence-related Claims) Act 1988.
5
Income Tax Assessment Act 1997
6
12 Paragraphs 51-32(1)(a) and (4)(a) and 51-33(1)(a)
7
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
8
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
9
1988".
10
Military Rehabilitation and Compensation Act 2004
11
13 Section 278
12
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
13
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
14
1988".
15
14 Section 280A (heading)
16
Repeal the heading, substitute:
17
280A Treatment for certain injuries covered by the Safety,
18
Rehabilitation and Compensation (Defence-related Claims)
19
Act 1988
20
15 Subsection 280A(1)
21
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
22
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
23
1988".
24
16 Subsection 280A(1) (note 2)
25
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
26
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
27
1988".
28
Amendments of other Acts Schedule 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
31
17 Section 289 (paragraph (b) of the definition of
1
compensable treatment)
2
Omit "SRCA injuries", substitute "injuries covered by the Safety,
3
Rehabilitation and Compensation (Defence-related Claims) Act 1988".
4
18 Section 289 (note at the end of the definition of
5
compensable treatment)
6
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
7
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
8
1988".
9
19 Section 300 (note 2)
10
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
11
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
12
1988".
13
20 Paragraph 423(c)
14
Omit "SRCA injuries", substitute "injuries covered by the Safety,
15
Rehabilitation and Compensation (Defence-related Claims) Act 1988".
16
21 Section 423 (note 2)
17
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
18
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
19
1988".
20
Military Rehabilitation and Compensation (Consequential
21
and Transitional Provisions) Act 2004
22
22 Subsection 4(1)
23
Insert:
24
DRCA means the Safety, Rehabilitation and Compensation
25
(Defence-related Claims) Act 1988.
26
23 Subsections 7(1) and (2) and 8(1) and (2) (note)
27
Repeal the note.
28
Schedule 3 Amendments of other Acts
32
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
24 Section 10 (heading)
1
Repeal the heading, substitute:
2
10 Subsection 7(4) of the DRCA does not apply
3
25 Section 10
4
Omit "SRCA", substitute "DRCA".
5
26 Section 10 (note)
6
Omit "SRCA", substitute "DRCA".
7
27 Section 11 (note)
8
Repeal the note.
9
28 Part 3 (heading)
10
Repeal the heading, substitute:
11
Part 3--Persons who have both VEA/DRCA and
12
MRCA injuries and diseases
13
29 Section 13 (heading)
14
Repeal the heading, substitute:
15
13 Bringing across impairment points from a VEA or DRCA injury
16
or disease
17
30 Section 13
18
Omit "SRCA" (wherever occurring), substitute "DRCA".
19
31 Section 14 (heading)
20
Repeal the heading, substitute:
21
Amendments of other Acts Schedule 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
33
14 Offsetting VEA and DRCA payments against a Special Rate
1
Disability Pension
2
32 Subsection 14(2)
3
Omit "SRCA", substitute "DRCA".
4
33 Sections 15 and 16
5
Omit "SRCA" (wherever occurring), substitute "DRCA".
6
34 Application of amendments
7
The amendments of sections 14, 15 and 16 of the Military
8
Rehabilitation and Compensation (Consequential and Transitional
9
Provisions) Act 2004 made by this Schedule apply in relation to benefits
10
and amounts paid (however described) after this item commences.
11
35 Section 17 (heading)
12
Repeal the heading, substitute:
13
17 Amount of compensation where a person has redeemed an
14
amount under the DRCA
15
36 Section 17
16
Omit "SRCA" (wherever occurring), substitute "DRCA".
17
37 Application of amendments
18
The amendments of section 17 of the Military Rehabilitation and
19
Compensation (Consequential and Transitional Provisions) Act 2004
20
made by this Schedule apply in relation to amounts redeemed after this
21
item commences.
22
38 Section 18 (heading)
23
Repeal the heading, substitute:
24
18 Rehabilitation under the MRCA for persons undergoing
25
rehabilitation under the VEA or DRCA
26
39 Section 18
27
Omit "SRCA" (wherever occurring), substitute "DRCA".
28
Schedule 3 Amendments of other Acts
34
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
40 Section 22 (note)
1
Repeal the note.
2
41 Section 23 (note)
3
Omit "(The review provisions under or in respect of the VEA or the
4
SRCA apply to a decision made under a provision being inserted or
5
amended by Schedule 1 or 2 to this Act respectively.)".
6
42 Paragraph 24(3)(a)
7
Omit "SRCA", substitute "DRCA".
8
Superannuation Act 1976
9
43 Paragraph 51(2)(d)
10
After "Safety, Rehabilitation and Compensation Act 1988", insert "or
11
the Safety, Rehabilitation and Compensation (Defence-related Claims)
12
Act 1988".
13
44 Section 54A (paragraph (a) of the definition of
14
compensation leave)
15
After "Safety, Rehabilitation and Compensation Act 1988", insert "or
16
the Safety, Rehabilitation and Compensation (Defence-related Claims)
17
Act 1988".
18
45 Subsections 54G(2) and 54JA(6A)
19
After "Military Rehabilitation and Compensation Act 2004", insert "or
20
the Safety, Rehabilitation and Compensation (Defence-related Claims)
21
Act 1988".
22
46 Subsection 78A(1)
23
After "Safety, Rehabilitation and Compensation Act 1988", insert ", the
24
Safety, Rehabilitation and Compensation (Defence-related Claims) Act
25
1988".
26
Amendments of other Acts Schedule 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
35
Veterans' Entitlements Act 1986
1
47 Section 25A (heading)
2
Repeal the heading, substitute:
3
25A Offsetting certain payments made under the Safety,
4
Rehabilitation and Compensation (Defence-related Claims)
5
Act 1988
6
48 Subsection 25A(1)
7
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
8
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
9
1988".
10
49 Subsection 30B(3) (definition of damages)
11
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
12
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
13
1988".
14
50 Subsection 30C(2) (heading)
15
Repeal the heading, substitute:
16
Lump sum payment--Safety, Rehabilitation and Compensation
17
(Defence-related Claims) Act 1988 (section 137)
18
51 Paragraph 30C(2)(a)
19
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
20
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
21
1988".
22
52 Subsection 30C(3) (heading)
23
Repeal the heading, substitute:
24
Schedule 3 Amendments of other Acts
36
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
No. , 2016
Lump sum payment--Safety, Rehabilitation and Compensation
1
(Defence-related Claims) Act 1988 (section 30)
2
53 Paragraph 30C(3)(a)
3
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
4
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
5
1988".
6
54 Subsections 30G(1) and 30H(1) (note)
7
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
8
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
9
1988".
10
55 Paragraphs 74(3A)(a) and (3B)(a)
11
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
12
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
13
1988".
14
56 Subsections 76(6) and 85(2A)
15
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
16
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
17
1988".
18
57 Application of amendments
19
The amendments of sections 25A, 30B, 30C, 74 and 76 of the Veterans'
20
Entitlements Act 1986 made by this Schedule apply in relation to
21
payments made or received (however described) after this item
22
commences.
23
58 Subsection 110(3A)
24
Omit "SRCA injuries", substitute "injuries covered by the Safety,
25
Rehabilitation and Compensation (Defence-related Claims) Act 1988".
26
59 Subsection 110(3A) (note)
27
Omit "Safety, Rehabilitation and Compensation Act 1988", substitute
28
"Safety, Rehabilitation and Compensation (Defence-related Claims) Act
29
1988".
30
Amendments of other Acts Schedule 3
No. , 2016
Safety, Rehabilitation and Compensation Legislation Amendment
(Defence Force) Bill 2016
37
60 Application of amendments
1
The amendments of section 110 of the Veterans' Entitlements Act 1986
2
made by this Schedule apply in relation to treatment obtained after this
3
item commences.
4