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8.4.3 Coverage under MRCA, SRCA and VEA
Some clients may have entitlement under all three Acts. For example, a serving member who has had operational service under the VEA, peacetime service covered under the SRCA and has continued to serve post 1 July 2004. Whilst a client may have dual entitlement under the SRCA and VEA, the MRCA covers all injuries/diseases as a result of service on or after 1 July 2004. However where a client has had an accepted condition under either/both the SRCA and VEA and aggravates that condition as a result of service rendered on or after 1 July 2004, they will have eligibility under the MRCA also. Note that the only time a member will be eligible under the MRCA as well as the SRCA or VEA is where they have aggravated a condition as a result of MRCA service. A member cannot have a claim for clinical onset accepted under the SRCA and the MRCA.
Further, the MRCA covers service before and on or after 1 July 2004 where the clinical onset is on or after 1 July 2004.
For example, a member suffers from a skin condition as a result of sun exposure that has occurred during his SRCA, VEA and MRCA service. This condition is contracted/diagnosed on 1 October 2009. The condition is not aggravated by MRCA service, but the MRC — A service relates to the clinical onset of the condition.
In this case, s 4A of the SRCA and s 9A or 70A of the VEA apply. This means that his condition cannot be covered under either of these Acts as:
- the condition is first suffered after the MRCA commencement date (1 July 2004);
- the injury relates to service rendered by the person before, and on and after the commencement date (1 July 2004) (VEA);
- the condition has arisen out of, or in the course of, the member's ADF employment, and the employment occurs before, on and after the commencement date (1 July 2004) (SRCA).
This claimant must have their claim investigated and determined under the MRCA only.
This is dealt with in Chapter 12 of the MRCA Policy Manual which relates to Transitional Provisions.