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  • Military Compensation MRCA Manuals and Resources Library
  • Policy Manual
  • Ch 1 Introduction
  • 1.9 Other Legislation

1.9 Other Legislation

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In this section

  • 1.9.1 The Veterans' Entitlement Act 1986
  • 1.9.2 The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
  • 1.9.3 The Compensation (Commonwealth Government Employees) Act 1971
  • 1.9.4 The Commonwealth Employees Compensation Act 1930
  • 1.9.5 Determination 2000/1 under section 58B of the Defence Act 1903;
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Military Compensation MRCA Manuals and Resources Library

  • Policy Manual
    • Ch 1 Introduction
      • 1.9 Other Legislation
        • 1.9.1 The Veterans' Entitlement Act 1986
        • 1.9.2 The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
        • 1.9.3 The Compensation (Commonwealth Government Employees) Act 1971
        • 1.9.4 The Commonwealth Employees Compensation Act 1930
        • 1.9.5 Determination 2000/1 under section 58B of the Defence Act 1903;
      • 1.1 Purpose of the MRCA
        • 1.1.1 Commencement
        • 1.1.2 Governance and Administration of the MRCA
        • 1.1.3 DVA Structure
      • 1.2 Persons Covered by this Act
        • 1.2.1 Categories of Service
      • 1.3 Delegation
      • 1.4 Dealing with Clients
      • 1.6 Medicare and the MRCA
        • 1.6.1 Where to Lodge Notices and Obtain Further Information
    • Ch 2 Claims
      • 2.1 Making a Claim
        • 2.1.1 What can be Claimed?
        • 2.1.2 Who can Lodge a Claim in relation to an injury or disease?
        • 2.1.3 Who can Lodge a Claim in relation to death?
        • 2.1.4 Claims after death of claimant
        • 2.1.5 No Time Limit on Claims
        • 2.1.6 How can Claims be Made?
        • 2.1.8 Claims for compensation
        • 2.1.9 Electronic Lodgement of Claims
        • 2.1.10 Acknowledging Claims
        • 2.1.11 Notification to Chief of the Defence Force of Claims made by Serving Members
        • 2.1.12 Collection of information from claimant
        • 2.1.13 Collection of information from third parties
        • 2.1.15 Privacy Act and the Department of Defence
        • 2.1.16 Release of Information on Public Safety Grounds
        • 2.1.20 Injury and 'Sequelae'
        • 2.1.21 Reviving Old Inactive Claims
      • 2.2 Determination of Claims
        • 2.2.1 Determinations Must be in Writing
        • 2.2.2 Applying the Appropriate Heads of Liability to a Determination of Liability
        • 2.2.3 Application of the Statements of Principles
        • 2.2.4 Repatriation Medical Authority Reviews
        • 2.2.5 MRCC Determination Overriding RMA's decision not to make or amend a SOP
        • 2.2.6 Standards of Proof for determining liability
        • 2.2.7 Standard of Proof applicable to other determinations made under MRCA
        • 2.2.8 MRCC not Bound by Technicalities
        • 2.2.9 Receipt of Private Insurance Benefits
      • 2.3 Needs Assessments
        • 2.3.1 Purpose of the Needs Assessment
        • 2.3.2 Claims for Compensation to be in writing
        • 2.3.3 Checklist of possible benefits
    • Ch 3 Liability
      • 3.0 Overview
      • 3.1 Definitions
        • 3.1.1 Defence service
        • 3.1.2 Declared Member Determinations
        • 3.1.3 Non-Warlike Service Determinations
        • 3.1.4 Warlike Service Determinations
        • 3.1.5 Injury, disease and death
      • 3.2 Heads of Liability
        • 3.2.1 Service injury, service disease and service death
        • 3.2.2 'Rendering defence service'
        • 3.2.3 'Occurrence'
        • 3.2.4 'Arose out of or was attributable to service'
        • 3.2.5 'But for changes in the person's environment consequent upon rendering defence service'
        • 3.2.6 Travelling to or from duty
        • 3.2.7 Aggravation
        • 3.2.8 Material contribution
        • 3.2.9 Death from service injury or service disease
        • 3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth
        • 3.2.11 Aggravations of service-related conditions
      • 3.3 The Statements of Principles (SOPs)
        • 3.3.1 Primacy of SOP regime
        • 3.3.2 Background
        • 3.3.3 The role of the RMA
      • 3.4 Investigating a Claim
        • 3.4.1 Parameters of a claim
        • 3.4.2 Considering Liability where trauma occurred prior to 1 July 2004
          • 3.4.2.1 How do the definitions under section 6(1)(d) & section 27 of the MRCA apply to the question of liability under the MRCA
          • 3.4.2.2 Considering initial liability under MRCA for a disease contracted after 1 July 2004, where the applicable SoP factor occurred rendering defence service prior to 30 June 2004
          • 3.4.2.3 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA
        • 3.4.3 Establishing a diagnosis
        • 3.4.4 Establishing the clinical onset and/or worsening
          • 3.4.4.1 Onset Considerations
        • 3.4.5 Applying streamlining procedures
          • 3.4.5.1 Limited streamlining approach for Barotrauma claims
        • 3.4.6 Propagation and SOPs
        • 3.4.7 Claims related to sexual and physical abuse
          • 3.4.7.1 Understanding the Impacts of Abuse in the Military
          • 3.4.7.2 Understanding Abuse
          • 3.4.7.3 What promotes ongoing abuse in an organisation?
          • 3.4.7.4 Common barriers to disclosing abuse
          • 3.4.7.5 Understanding the impact of abuse
          • 3.4.7.6 How does abuse influence how a survivor may present when contacting DVA?
      • 3.5 Determining a Claim
        • 3.5.1 Assessing the evidence
        • 3.5.2 Applying the correct standard of proof
        • 3.5.3 Reasonable hypothesis (RH) cases
        • 3.5.4 Balance of probabilities (BOP) cases
        • 3.5.5 Relationship to service
        • 3.5.6 Reasons for decision
      • 3.6 Exclusions
        • 3.6.1 Serious default or wilful act
        • 3.6.2 Serious breach of discipline
        • 3.6.3 Intentionally self-inflicted
        • 3.6.4 Serious and permanent impairment
        • 3.6.5 Reasonable and appropriate counselling about performance
        • 3.6.6 Wilful and false representation
        • 3.6.7 Exclusions relating to travel
        • 3.6.8 Exclusion relating to use of tobacco products
    • Ch 4 Liabilities Arising Apart from this Act
      • 4.1 Overview
      • 4.2 Common law action against the Commonwealth or a potentially liable member
        • 4.2.1 Restriction on action against the Commonwealth or a potentially liable member
        • 4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss
        • 4.2.3 Action for damages related to a service death
        • 4.2.4 Notification of common law actions
      • 4.3 Liability of third parties and access to common law actions against a third party
        • 4.3.1 Notification of third party common law actions
        • 4.3.2 Entitlements affected by third party common law action
        • 4.3.3 MRCC instituting or taking over a common law action against a third party
        • 4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA
      • 4.4 Payment of damages to the Commonwealth
      • 4.5 Summary of the recovery and compensation provisions following a successful common law action
        • 4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death
        • 4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease
        • 4.5.3 Where the MRCC takes over or institutes proceedings against a third party
        • 4.5.4 Where a person or a dependant recovers damages from a third party
      • 4.6 Payment of Private Insurance Benefits
      • 4.7 Defence Abuse Reparation Scheme payments
    • Ch 5 Permanent Impairment
      • 5.1 Overview
      • 5.2 Entitlement to Permanent Impairment Compensation
        • 5.2.1 Required Degrees of Impairment
        • 5.2.2 Aggravation
          • Aggravation of Signs and Symptoms s30
        • 5.2.3 Additional Permanent Impairment Compensation for Another Accepted Condition
        • 5.2.4 Additional Permanent Impairment Compensation for Deterioration
      • 5.3 When is an Impairment Likely to Continue Indefinitely?
        • 5.3.1 Have regard to
        • 5.3.2 The duration of the impairment
        • 5.3.3 The likelihood of improvement
        • 5.3.4 All reasonable rehabilitative treatment
        • 5.3.5 Any other relevant matters
      • 5.4 When is an Impairment Stable?
      • 5.5 Unreasonable Refusal to Medical Treatment, Examination or Rehabilitation Program
      • 5.6 Calculating Amount of PI Compensation Payable
        • 5.6.1 Initial Permanent Impairment Compensation Payment
        • 5.6.2 Additional PI Compensation Payment
        • 5.6.3. Age of medical evidence
        • 5.6.4 Reassessment of Tinnitus
      • 5.7 Date from which Permanent Impairment Compensation is Payable
        • 5.7.1 Initial Permanent Impairment Compensation Payment
        • 5.7.2 Additional Permanent Impairment Compensation Payment for a new condition
        • 5.7.3 Additional Permanent Impairment Compensation Payment for deterioration of accepted conditions
      • 5.8 Interim Permanent Impairment Compensation
        • 5.8.1 Eligibility criteria for interim permanent impairment payments
        • 5.8.2 Number of impairment points required for interim PI to be payable
        • 5.8.3 Amount of interim permanent impairment payable
        • 5.8.4 Determination of lifestyle rating where interim PI is payable
        • 5.8.5 Examples
        • 5.8.6 Recalculation of whole PI payment when interim condition stabilised
        • 5.8.7 Offering Interim Payments
        • 5.8.8 Worked Examples of Multiple Interim Payments - prior to 1 July 2013
      • 5.9 Deferrals
      • 5.10 Advising the Claimant
        • 5.10.1 PI claims and withdrawals
      • 5.11 Converting Weekly Amounts to Lump Sum
        • 5.11.1 Options for Conversion of Periodic Payments to Lump Sum
        • 5.11.2 Calculation of a Lump Sum Payment
        • 5.11.3 Electing a Lump Sum - Special Circumstances
        • 5.11.4 Payment of Lump Sum and when Interest Rates are Payable
      • 5.12 Additional Payment for Severe Impairment
      • 5.13 Financial and Legal Advice for Permanent Impairment Compensation Payments
      • 5.14 Claimants Instituting Action for Damages (Common Law Action)
      • 5.15 Payment of Private Insurance Benefits
      • 5.16 Determining Level of Impairment and Lifestyle Effects
        • 5.16.1 GARP M - The Approved Guide
        • 5.16.2 R&C ISH
        • 5.16.3 Lifestyle Ratings
        • 5.16.4 Self-Assessed Lifestyle Ratings
        • 5.16.5 Use of psychologists
      • 5.17 Additional benefits associated with permanent impairment payments
        • 5.17.1 Pensioner Education Supplement
        • 5.17.2 Energy Payments
      • 5.18 Payment Practices
    • Ch 6 Incapacity Payments
      • 6.6 Commonwealth Superannuation
    • Ch 7 Compensation for Death
      • 7.1 Death = High Priority Claim
      • 7.2 Need For Accuracy in Death Claims
        • 7.2.1 Voluntary Assisted Dying
      • 7.3 Death Certificates
      • 7.4 In what circumstances is compensation following death available?
        • 7.4.1 Section 12 requirements
      • 7.5 Who may be entitled to compensation following death under the MRCA?
        • 7.5.1 Criterion 1: Who can be a 'Dependant'?
        • 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
      • 7.6 Need to claim compensation
        • 7.6.1 Late Claims for Compensation
        • 7.6.2 Claims by or on behalf of Deceased Dependant of Deceased member or former member
      • 7.7 Rate of Compensation Payments Payable to Dependants
      • 7.8 Compensation for Wholly Dependent Partners
        • 7.8.1 Who is a wholly dependent partner?
        • 7.8.2 Wholly Dependent Partner benefits
        • 7.8.3 Wholly Dependent Partner's payments
        • 7.8.4 Additional Compensation Following Death
        • 7.8.5 MRCA Supplement
        • 7.8.6 Clean Energy Supplement
        • 7.8.7 Gold card and MRCA Supplement
        • 7.8.8 To Whom is the compensation payable?
        • 7.8.9 Income Support Supplement
      • 7.9 Compensation for Eligible Young Persons
        • 7.9.1 Who is an Eligible Young Person?
        • 7.9.2 Lump Sum Compensation Payment to dependent eligible young persons
        • 7.9.3 Periodic Payments payable to dependent eligible young persons
        • 7.9.4 Gold card and MRCA Supplement
        • 7.9.5 Education Assistance
        • 7.9.6 Determining who is a dependent eligible young person and what compensation they are entitled to
        • 7.9.7 To whom is the compensation payable?
      • 7.10 Continuing Permanent Impairment and Incapacity etc payable to Wholly Dependent Partners and eligible young persons (Bereavement Payments)
      • 7.11 Compensation for Dependants other than Wholly Dependent Partners and Eligible Young Persons
        • 7.11.1 Lump Sum payable to 'Other Dependants'
      • 7.12 Other Compensation
        • 7.12.1 Compensation for Funeral Expenses
        • 7.12.2 Reimbursement of Medical Expenses of a Deceased Member
        • 7.12.3 Reimbursement of Transport Costs of the Body
      • 7.13 Compensation under the MRCA Where There are No Dependants
      • 7.14 Notification and Investigation of Death
        • 7.14.1 Notification of death and initial investigation
        • 7.14.2 ADF Accident/Incident Investigations
        • 7.14.3 Liaison With the ADF Unit and Defence Community Organisation
        • 7.14.4 Contact With the Partner/Dependants
      • 7.15 Claims by or on behalf of Deceased Member or Former Member
        • 7.15.1 Survival of Claims After Death of Claimant
        • 7.15.2 Survival of Right to Claim after Death
      • 7.16 Claims by Dependants
        • 7.16.1 Where the Death Results From an Accepted Condition
        • 7.16.2 Where Death has pre-dated or Forestalled Any Claim for Injury
      • 7.17 Taxation status of entitlements relating to death
      • 7.18 Centrelink Pensioner Education Supplement (PES)
      • 7.19 Claims Awaiting Coroner's Findings
    • Ch 8 Treatment for Injuries and Diseases
      • 8.1 Overview
      • 8.2 Treatment Pathways (sections 325 - 327)
        • 8.2.1 Moving a person between Treatment Pathways
        • 8.2.2 When a decision under section 327 is not required
      • 8.3 Treatment Pathway 1
        • 8.3.1 Reasonable Reimbursement
        • 8.3.2 Reasonable Pricing of Approved Medications
      • 8.4 Treatment Pathway 2
        • 8.4.1 Legislative Instruments
        • 8.4.2 MRCA Supplement
        • 8.4.3 Community Nursing Services
        • 8.4.4 Aids and Appliances
        • 8.4.5 Residential care for MRCA treatment card holders
        • 8.4.6 Treatment for eligible dependants
        • 8.4.7 Overseas Travel Vaccinations for Gold Card Holders
      • 8.5 Transferring the cost of treatment from the ADF to DVA
      • 8.6 Treatment and Service Provision for Severely Injured ADF Clients and Transitioning ADF Clients
      • 8.7 Other Provisions
        • 8.7.1 Treatment available under the VEA for eligible MRCA persons
        • 8.7.2 Travel provisions to attend treatment
        • 8.7.3 Transitional provisions for treatment
        • 8.7.4 Interaction between treatment and rehabilitation
        • 8.7.5 Delegations
        • 8.7.6 Reconsideration and Review of Treatment
        • 8.7.7 Access to treatment overseas
      • 8.8 CADET
      • 8.9 Summary
    • Ch 9 Other Benefits under the Military Rehabilitation and Compensation Act 2004
      • 9.1 Compensation for travel and accommodation costs reasonably required or incurred under the Military Rehabilitation and Compensation Act 2004 (MRCA)
        • 9.1.1 Travel and/or accommodation costs reasonably incurred to attend a rehabilitation assessment or medical examination arranged by the MRCC
        • 9.1.2 Travel and/or accommodation costs reasonably incurred to attend treatment
        • 9.1.3 Transportation costs incurred by another person
        • 9.1.4 Travel costs associated with a rehabilitation program
        • 9.1.5 Travel and/or accommodation in order to attend or collect medical evidence for a hearing of the Veterans' Review Board
      • 9.2 Household and Attendant Care services Overview
      • 9.3 What is MRCA Supplement
        • 9.3.1 Who is eligible for MRCA Supplement?
        • 9.3.2 When MRCA Supplement may not be payable
        • 9.3.4 Wholly Dependent Partners (WDPs) and Eligible Young Persons (EYPs)
        • 9.3.5 Summary
      • 9.4 Motor Vehicle Compensation Scheme (MVCS)
      • 9.5 Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS)
      • 9.6 Clean Energy Payments
    • Ch 11 Overpayments & Miscellaneous Items
      • 11.0 Overview
      • 11.1 Indexation (Part 1)
        • 11.1.1 Overview of Statutory Increases
        • 11.1.2 Indexation of Pensions and Allowances
        • 11.1.3 Indexation Timetable
      • 11.2 Authority to obtain, maintain and disclose information including Tax File Number (TFN) (Part 2)
        • 11.2.1 Power to obtain information
        • 11.2.2 Commission may obtain information etc.
        • 11.2.3 Self-incrimination
        • 11.2.4 Offence for selling etc. goods provided under this Act without consent
        • 11.2.5 Giving information
        • 11.2.6 Judicial notice to be taken of certain matters
        • 11.2.7 Evidence
        • 11.2.8 Providing tax file numbers
        • 11.2.9 How to satisfy the request under section 412
        • 11.2.10 Compensation when request is not satisfied initially
      • 11.3 MRCA and DRCA Overpayment Policy
        • 11.3.1 Introduction
        • 11.3.2 Recovery
          • 11.3.2.1 The principles of recovery
          • 11.3.2.2 Limits on recovery
          • 11.3.2.3 Preferred methods of recovery
          • 11.3.2.4 Penalties for enforcing recovery
          • 11.3.2.5 Alternative methods of recovery
          • 11.3.2.6 Anomalous situations
        • 11.3.3 Write off
        • 11.3.4 Waiver
      • 11.4 Appropriation (Part 4)
      • 11.5 Special assistance (Part 5)
      • 11.6 General (Part 6)
      • 11.7 Miscellaneous items
        • 11.7.1 Payment into bank account etc.
        • 11.7.2 Payments at person's request
        • 11.7.3 Trustees for persons entitled to compensation
        • 11.7.4 Powers of the trustee generally
        • 11.7.5 Powers of Commonwealth etc. trustee to invest trust funds and Powers of investment for non-Commonwealth trustee
        • 11.7.6 Provisions applicable on death of person
        • 11.7.7 Amounts of compensation
        • 11.7.8 Service chiefs' delegation
        • 11.7.9 Regulations re modifications to Chapter 2 Parts 3 and 4 of Chapter4,
        • 11.7.10 The making of Regulations under the MRCA
    • Ch 12 Transitional Provisions
      • 12.1 Overview
      • 12.2 Liability
      • 12.3 Claims for Clinical Onset
        • 12.3.1 Condition occurred on or after 1 July 2004
        • 12.3.2 Condition relates to service on or after the 1 July 2004
        • 12.3.3 Claim Forms
      • 12.4 Claims for Aggravations
      • 12.5 Aggravation of SRCA Conditions
        • 12.5.1 Aggravation occurred on or after 1 July 2004
        • 12.5.2 Aggravation relates to service on or after 1 July 2004
        • 12.5.3 Recurrence of SRCA Conditions
        • 12.5.4 Claim for Clinical Onset and Aggravation
      • 12.6 Aggravation of VEA Conditions by MRCA Service
        • 12.6.1 Aggravation occurred on or after 1 July 2004
      • 12.7 Transitional Provisions - Permanent Impairment
        • 12.7.1 Chapter 25 of GARP M
          • 12.7.1.1 Methodology to apply to transitional cases where the claim for PI is made before 1 July 2013
          • 12.7.1.2 Methodology to apply to transitional cases where the date of effect of the PI is on or after 1 July 2013
          • 12.7.1.3 Reference table to assist in determining which methodology applies for claims received during the transition period
          • 12.7.1.4 Conversion of SRCA lump sums
          • 12.7.1.5 Conversion of VEA DCP amounts from date of PI claim to date of determination
          • 12.7.1.6 Taking account of previous PI lump sum payments and/or current MRCA periodic PI payments
          • 12.7.1.7 Determination of compensation factor
          • 12.7.1.8 Interim Transitional cases
          • 12.7.1.9 Resting Joint Pain and Disfigurement & Social Impairment in transitional claims
        • 12.7.2 Total Impairment Rating
        • 12.7.3 Permanent Impairment Compensation Threshold
        • 12.7.4 Impairments of the Fingers, the Toes, the Sense of Taste and Smell, and Hearing Loss
        • 12.7.5 Assessment of VEA and/or SRCA Condition
        • 12.7.6 Use of VEA MIA forms for MRCA PI purposes
        • 12.7.7 Use of DRCA SMR questionnaire for MRCA claims
        • 12.7.8 SRCA conditions yet to stabilise
        • 12.7.9 VEA conditions yet to stabilise
        • 12.7.10 Inclusion of DRCA/VEA conditions where no PI/DCP has been paid
        • 12.7.11 Reconsiderations, reviews, and appeals
      • 12.8 Treatment
        • 12.8.1 Travel for treatment
        • 12.8.2 Treatment under the SRCA and the MRCA
        • 12.8.3 Treatment under the SRCA and MRCA Gold Repatriation Health Card
        • 12.8.4 White Card Repatriation Health Card Treatment under the VEA and the MRCA
        • 12.8.5 Gold Card Repatriation Health Card Treatment under the VEA and the MRCA
        • 12.8.6 Alterations, aids and appliances
      • 12.9 Rehabilitation
    • Ch 13 Special Rate Disability Pension
      • 13.1 What is Special Rate Disability Pension (SRDP)
      • 13.02 Investigating eligibility for Special Rate Disability Pension
      • 13.03 Choice to receive Special Rate Disability Pension
      • 13.04 Determination that the Commonwealth is liable to pay Special Rate Disability Pension
      • 13.05 Ongoing Management of SRDP cases
      • 13.06 Ceasing to meet the criteria for Special Rate Disability Pension
      • 13.08 Other benefits of being eligible for Special Rate Disability Pension
      • 13.07 Offsets
      • 13.09 Invalidity Service Pension
      • 13.10 Case studies
      • 13.11 Posthumous SRDP and compensation for dependents
      • 13.12 Ceasing payments when a person is imprisoned after conviction of an offence
  • Incapacity Policy Manual
    • 1. Legislation and Definitions
      • 1.1 Legislation
      • 1.2 What is incapacity for work?
      • 1.3 Scenarios where compensation may be payable
    • 2. Investigating Entitlement to Incapacity Payments
      • 2.1 Format of an incapacity claim
      • 2.2 No payment without liability
      • 2.3 Standard of Proof
      • 2.4 Claim must be determined in writing
      • 2.5 Power to request information
      • 2.6 Medical certificates
      • 2.7 Medical discharges and ADF Medical Boards
      • 2.8 Incapacity payments for periods of medical treatment
      • 2.9 Incapacity payments to attend medical appointments (that are not treatment) is not payable
      • 2.10 Two or more conditions, all potentially totally incapacitating
      • 2.11 Where several conditions combine to produce incapacity
      • 2.12 Incapacity overtaken or removed by a later injury
      • 2.13 Dual eligibility under the VEA and DRCA or MRCA
      • 2.14 Aggravations
      • 2.15 Voluntary discharge/Retirements to prevent further injuries
      • 2.16 Incapacity payments when a person is not in employment
      • 2.17 Retrospective periods (arrears) of incapacity
      • 2.18 ‘Top-up’ payments
      • 2.19 Overseas residence
      • 2.20 Incapacity payments and rehabilitation
      • 2.21 Payments when a person is entitled to incapacity payments but the final amount payable is under investigation - interim payments
      • 2.22 Payment when a person accesses Leave Without Pay (LWOP)
    • 3. General Provisions to Calculate Normal Weekly Earnings (NWE) or Normal Earnings (NE)
      • 3.1 Service giving rise to injury
      • 3.2 Legislation
      • 3.3 Maximum and minimum compensation rates
      • 3.4 Amounts excluded from NWE and NE
      • 3.5 Adjustments to NWE and NE
      • 3.6 Allowances
      • 3.7 NWE/NE calculation period
      • 3.8 NWE in relation to 'transitional' (i.e. pre-SRCA) cases
      • 3.9 Types of service
    • 4. DRCA Only - Statutory Minimum Earnings Rate
    • 5. Method of Calculating NE/NWE by Service Type
      • 5.1 SRCA - Person who is still serving – quick reference table
      • 5.2 SRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS)
      • 5.3 DRCA - Service giving rise to injury is Part-time Reserve
      • 5.4 MRCA - Person who is still serving – quick reference table & Service giving rise to injury is Part-Time Reserve
      • 5.5 MRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS) - Currently in PF or CFTS – Section 91
      • 5.6 MRCA - Service giving rise to injury is Permanent Forces (PF) - Currently in Reserve service – Section 104
      • 5.7 MRCA - Service giving rise to injury is CFTS - Currently in part-time Reserve service – section 109 or S111-114
      • 5.8 SRCA - Person who has discharged – quick reference table
      • 5.9 DRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS)
      • 5.10 SRCA - Service giving rise to injury is Part-time Reserves – Employed or has employable skills
      • 5.11 SRCA - Service giving rise to injury is Part-time Reserves – not employed and no employable skills
      • 5.12 MRCA - Person who has discharged – quick reference table
      • 5.13 MRCA - Service giving rise to injury is Permanent Forces (PF) – Section 141 & 164
      • 5.14 MRCA - Service giving rise to injury is Continuous Full-time Service (CFTS) – Section 144 or 147-149 & Section 168 or 170-173)
      • 5.15 MRCA - Service giving rise to injury is Part-time Reserves – Engaged in civilian work - Section 154-155
      • 5.16 MRCA - Service giving rise to injury is Part-time Reserves – Not engaged in civilian work - Section 161
      • 5.17 Calculating Earnings from Self-employment
    • 6. Cadets and Declared Members
    • 7. Maximum Rate Weeks, Hours Used in Calculations and Part Week Calculations
      • 7.1 Legislation
      • 7.10 Commencement of a week
      • 7.11 Compensation for Part of a week or day
      • 7.2 When a person is continuously incapacitated
      • 7.3 Calculating maximum rate (compensation) weeks
      • 7.4 Payments received in service
      • 7.5 Calculation of maximum rate (compensation) weeks for Reserve Force members
      • 7.6 Compensation during a week when the maximum rate week period ceases
      • 7.7 Person has been incapacitated for a cumulative period exceeding 45 weeks
      • 7.8 Normal Weekly Hours
      • 7.9 Actual hours used in calculations
    • 8. Ability to Earn and Actual Earnings
      • 8.1 'AE' – DRCA
      • 8.2 Actual Earnings – MRCA
      • 8.3 Indexation of AE (including deemed AE)
      • 8.4 AE when a person is actually in employment
      • 8.5 Fluctuating Earnings
      • 8.6 Self-employment
      • 8.7 Earnings from commissions
      • 8.8 Earnings from advance payments
      • 8.9 Continuing payments and AE while a person is on pregnancy/maternity leave
      • 8.10 Paid Leave
      • 8.11 Sick Leave
      • 8.12 Salary Sacrifice
      • 8.13 Scholarships
      • 8.14 Voluntary Work
      • 8.15 Private Insurance Benefits
      • 8.16 Person Receives a Bonus
      • 8.17 Redundancy/severance payments
      • 8.18 Deeming AE when a person is not in employment or is underemployed
      • 8.19 Application of deemed AE to a new period of incapacity
    • 9. Superannuation
      • 9.1 Legislation
      • 9.2 Reducing incapacity payments by superannuation benefits
      • 9.3 Key dates affecting treatment of superannuation benefits and incapacity benefits
      • 9.4 Employer Benefit or Employee Benefit?
      • 9.5 Defence Force Retirement and Death Benefits Scheme (DFRDB)
      • 9.6 Military Superannuation and Benefits Scheme
      • 9.7 ADF Super and ADF Cover
      • 9.8 Reducing incapacity payments by superannuation benefits that have been ‘received’
      • 9.9 Preservation age
      • 9.10 Notional Superannuation Contributions ('SC' amount) - DRCA only
      • 9.11 Reducing incapacity payments by superannuation benefits when a person has multiple periods of service (and multiple sources of superannuation)
    • 10. Taxation on Incapacity Payments
      • 10.1 Warlike and non-warlike service
      • 10.2 Reserve earnings
      • 10.3 Redemptions
      • 10.4 Lump sum arrears of incapacity payments and recovery of VEA/Centrelink/internal debt
    • 11. Reduction, Suspension and Cessation of Incapacity Payments
      • 11.1 Reduction of payments when a person is maintained in hospital
      • 11.2 Suspension of benefits
      • 11.3 Ceasing payments when a person is imprisoned after conviction of an offence
      • 11.4 Ceasing incapacity payments at Age Pension age
      • 11.5 Conversion of small amounts of compensation to a lump sum payment/redemptions
    • 12. SRCA only - Compensation Under the 1930 or 1971 Act
    • 13. SRCA only - Former Members
  • 6.5.2 Initial Incapacity Claim
  • Actuary Tables Used For Age Adjusting Lump Sum Payments
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or before 15 January 2010
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made after 15 January 2010 and before 4 May 2015
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or after 1 March 2021
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or after 4 May 2015
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or before 15 January 2010.
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is after 15 January 2010 and before 4 May 2015
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or after 4 May 2015
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is on or before 15 January 2010
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is after 15 January 2010 and before 4 May 2015
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is on or after 4 May 2015
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or before 15 January 2010
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount after 15 January 2010 and before 4 May 2015
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or after 4 May 2015
    • Conversion of a lump sum payment made under the SRCA to a weekly amount
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or after 1 March 2021
    • Partner’s age-based number under s234(2) of the MRC Act of the MRCA where the date of the member’s death is on or after 1 March 2021
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or after 1 March 2021
  • Rehabilitation Guidelines
  • (Historical Reference) Policy Instructions
    • No. 1 Prioritisation of Claims under the MRCA
    • No. 2 Indexation of MRCA Compensation Rates Effective From 1 JULY 2005
    • No. 3 Guide to Determining Impairment and Compensation (GARP)
    • No. 4 Voluntary Work and its Impact on Incapacity Payments under the SRCA and MRCA
    • No. 5 Determining which Act applies to persons with service before, and on or after, 1 July 2004
    • No. 5A Letters received from clients or their representatives insisting a determination be made under the SRCA in cases where MRCA service has contributed to the injury or disease
    • No. 6 Lodgement of MRCA Claims and Other Documents at Places and in the Manner Approved Under Section 323
    • No. 7 Rehabilitation
    • No. 8 MRCA Clearances with Centrelink and Repatriation Commission and Deducting Debt's from MRCA Arrears
    • No. 9 Approved Forms for Claims Under the Military Rehabilitation and Compensation Act 2004
    • No. 10 Delegates have the discretion to make interim incapacity payments at the Federal Minimum Wage (FMW) rate under the Military Rehabilitation and Compensation Act 2004 (MRCA)
    • No. 11 Treatment Paths
    • No. 12 Determination of Liability for Aggravation
    • No. 13 Indexation of MRCA Compensation Rates Effective from 1 July 2006
    • No. 14 MRCA - Section 10 Determinations for part-time Reservists and cadets who are unlikely to return to defence service
    • No. 15 MRCA Treatment Paths