No. 14 MRCA - Section 10 Determinations for part-time Reservists and cadets who are unlikely to return to defence service

Purpose

This instruction is to a — dvise MRCC delegates in Military Rehabilitation and Compensation Act 200) (MRCA) of the appropriate areas within Defence holding delegations in respect o — f section 10 of the MRCA.

Background

The MRCA was introduced on 1 July 2004 to cover injuries, aggravations, diseases or deaths that occurred on or after that date and the claimant rendered service on or after that date.

Section 10 of MRCA provides that upon advice from the relevant authorities it can be determined that a part-time Reservist or cadet  can be considered to have been discharged from the relevant service when the relevant Service Chief advises, in writing, that the Reservist or cadet is unlikely to be able to perform the duties of a part-time Reservist or cadet in the future as a result of his or her incapacity.

Obtaining this information is particularly important for anyone who has discharged from the permanent ADF and transferred to the reserves, or is a member of the Reserves (whether active or inactive).  Receipt of the Declaration from the relevant Service Chief enables the calculation of the first 45 weeks of incapacity to commence, as the advice confirms that the person is taken to be a former member for the purposes of the MRCA.  It should be noted that t — he advice must specify the date (which cannot be retrospective).

Actions

When it becomes obvious that a part-time Reservist or cadet has not been formally discharged (or resigned) from the Reserves or cadets and is no longer capable of continuing service within the ADF, confirmation should be sought from the relevant delegated authority (as per Attachment A), that the person is unlikely, as a result of their incapacity, to return to Defence service.

Section 10

Section 10 states:

Determination that part-time Reservist unlikely to return to defence service

1. If a claim for compensation has been made under section 319 in respect of a part-time Reservist, the Reservist's service chief may advise the Commission in writing if the Reservist is unlikely to be able to perform the duties of a part-time Reservist in the future as a result of his or her incapacity.

Determination that cadet unlikely to return to defence service

2. If a claim for compensation  has been made under section 319 in respect of a cadet, the commanding officer of the cadet's unit (within the meaning of the Cadet Forces Regulations 1977) may advise the Commission in writing if the cadet in unlikely to be able to perform the duties of a cadet in the future as a result of his or her incapacity

Person taken to have ceased to be a member

3. If the Commission is given an advice in respect of a person under subsection (1) or (2), the person is taken to have ceased to be a member for the purposes of this Act.

Advice to specify the date

4. The advice must specify the date (which must not be retrospective) from which the person is taken to have ceased to be a member for the purposes of this Act.

Section 10 Delegations within Defence

Please refer to attachment A for contact details of the relevant areas within Defence holding the relevant section 10 delegations.  Delegates should direct their enquiries to the most appropriate area within the service structures.

Example:  To obtain information relevant to a member serving with an Army Reserve unit based in Western Australia, it would be appropriate to contact the Director Army Personnel Agency located within Western Australia (Leeuwin Barracks).

Contact

Any queries concerning this instruction should be addressed to Neil Arbuthnot on extension 68557.

Authorised by

Mark Johnson

National Manager

Compensation Policy

    September 2006