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1.1.2 Governance and Administration of the MRCA
The MRCA provides for the establishment of the Military Rehabilitation and Compensation Commission (MRCC). The MRCC comprises of:
- the President of the Repatriation Commission;
- the Deputy President of the Repatriation Commission;
- another member of the Repatriation Commission who is nominated by the Minister for Veterans' Affairs;
- a person nominated by the Minister responsible for the SRCA; and
- a person nominated by the Minister for Defence.
The functions of the MRCC under the MRCA include:
- making determinations relating to the acceptance of liability for service related conditions, the payment of compensation and the provision of treatment and rehabilitation;
- minimising the duration and severity of service related conditions and promoting the return to suitable work;
- promoting research into the health of members and formers members, the prevention of injury and disease and rehabilitation;
- providing advice to the Ministers and departmental Secretaries of Veterans' Affairs and Defence, the Chief of the Defence Force and the Service Chiefs, either on request or on its own initiative; and
- other functions that may be conferred on it.
Schedule 2 to the CTPA gives the MRCC functions and powers to determine and manage claims that relate to defence service under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act1988 (DRCA).
The MRCA is administered by the Department of Veterans' Affairs (DVA), which administers the two other primary pieces of legislation in relation to members and former members of the ADF. They are the DRCA and the VEA. There will be considerable interaction between the MRCA, the DRCA and the VEA. This interaction is detailed further in Chapter 12 of this manual.
The MRCA, with which this handbook is specifically concerned, applies not only to members and former members of the ADF, but also in relation to members and former members of the Reserve Forces as well as cadets, officers of cadets and instructors of cadets. Certain other persons who hold honorary rank in the ADF and members of philanthropic organisations that provide services to the ADF are also covered for compensation purposes by the MRCA in the event that they sustain injury or suffer disease as a result of their service to the ADF. The MRCA also applies to certain family members of those who lost their lives or suffer severe impairment as a result of their service.
Delegates derive their powers under the MRCA by delegation from the MRCC.