Bills Digest No. 113 2003-04
Military Rehabilitation and Compensation (Consequential
and Transitional Provisions) Bill 2003
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer & Copyright Details
Passage History
Military Rehabilitation and
Compensation (Consequential and Transitional Provisions) Bill
2003
Date Introduced:
4 December 2003
House: House of Representatives
Portfolio: Veterans' Affairs
Commencement:
The formal provisions
commence on Royal Assent. The substantive provisions commence at
the same time as section 3 of the proposed Military Rehabilitation
and Compensation Act 2003.(1)
To make
transitional and consequential amendments related to the proposed
Military Rehabilitation and Compensation Act 2003 (the MRCA). These
amendments include:
-
provisions to determine which legislation will apply to an
injury, disease or death that relates to defence service either on
or after the commencement of the MRCA or before and on or after
that commencement
-
provisions to allow a person to choose between making a claim
under the MRCA and applying for an increase in pension under the
Veterans Entitlements Act 1986 (the VEA)
-
provisions allowing for offsetting of payments under the VEA and
the Safety, Rehabilitation and Compensation Act 1988 (the
SRCA) where payments are received under the MRCA, and
-
provisions allowing some determinations made under the VEA or
the SRCA to operate as determinations under the MRCA.
As indicated above, this Bill is companion
legislation to the Military Rehabilitation and Compensation Bill
2003. This Bill is intended to establish a single, self-contained
legislative scheme governing compensation for injuries or
conditions arising from service in the Australian Defence Force
subsequent to the commencement date of the legislation and
recognising the different nature of military service from civilian
employment.
Part 2 (clauses 7 to
11) deals with application of the MRCA to
injuries, diseases, deaths, losses and damage. The clauses
generally provide that the MRCA applies where an injury, disease or
death relates to defence service rendered on or after the
commencement date, and prior service where it continue after the
commencement date, and to treatment provided on or after, the
commencement date, and prior treatment where it continues after the
commencement date on or after that date.
Clause 9 provides that the
MRCA does not apply to an aggravation of, or material contribution
to, an injury or disease that is a war-caused or defence-caused
injury or disease within the meaning of the VEA if the person
elects to apply for an increase in that pension rather than for
acceptance of liability under the MRCA.
Parts 3 and
4 (clauses 12 to
214) deal with various situations under which a
person may have entitlement to a benefit under a provision of the
VEA or the SRCA and under a provision of the MRCA. In most cases
the person will only be entitled to the benefit under the MRCA.
Clauses 20 to
22 provide that certain material in force under
the VEA or the SRCA has effect under the relevant provisions of the
MRCA. For example, declarations of persons as declared members
under the SRCA will be taken to have been made under the MRCA on
the commencement date.
Clause 23 provides that
decisions under or in respect of the Bill will be subject to the
review provisions to be established by Chapter 8 of the MRCA.
Schedule 1 of the Bill
includes a number of amendments of the VEA to provide for the
commencement of the MRCA. These amendments are primarily designed
to ensure that most claims for compensation by members of the
Australian Defence Force will arise under the MRCA and that persons
receiving compensation are not entitled to receive compensation
under two pieces of legislation in a way that provides an unfair
benefit.
Schedule 2 of the Bill
includes a number of amendments of the SRCA to provide for the
commencement of the MRCA. These amendments are primarily designed
to provide similarly in relation to the SRCA as the amendments in
Schedule 1 provide in relation to the VEA.
Schedule 3 includes a number
of amendments of other legislation to take account of the operation
of the MRCA. In particular, the Social Security Act 1991
will be amended to take account of amounts received under the
MRCA.
Schedule 4 provides for a
number of amendments of legislation relating to income tax,
principally to deal with the taxation treatment of amounts of
compensation to be received under the MRCA. In particular,
compensation for the loss of tax-exempt payments will itself be
tax-exempt.
- This provision will commence on a date fixed
by Proclamation or, if this is not within six months of Royal
Assent, the first day after that period.
Jennifer Nicholson
26 March 2004
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 2004
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Published by the Parliamentary Library, 2004.
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