Section 405 [2] details the Commission's power to obtain information from a claimant when a “specified event or change of circumstance” occurs or is likely to occur that might affect a claim for compensation under section 319 [2] of the MRCA (ie, a claim for compensation or acceptance of liability for a service injury [7], disease [8], or death, or for the loss of or damage to a medical aid.)

Generally, a claimant is made aware of their obligations in correspondence from DVA via such statements as:

• "Please tell us if you change your address, or if there are any changes in your circumstances that may affect your compensation claim";  and
• “During any period that you are receiving payments of compensation from this office you must tell us immediately if there are any changes in your circumstances, including:

• if you start work or recommence work;
• if you start any form of profession, trade, business or self employment;
• if there is a change to your rate of pay (if you are regularly employed);
• if you change address;
• if you receive any payments or a change in the rate of payment from any other source;
• if you intend travelling overseas for an extended period; or
• if you commence tertiary studies (either part-time or full-time).”

Where the Commission requests details of a specific event or change of circumstance the request must specify:

• the event in question;
• the appropriate period of compliance to the request; and
• the mode of compliance.

Section 406 [10] gives the Commission authority to obtain information from any person including: the claimant, employees of the Department of Defence (through the Single Access Mechanism (SAM) team), Commonwealth Superannuation Corporation or CentreLink.

A notice must specify how and when the person must comply with the notice.  Please see the CADET standard letter National/Investigation/Standard s.406 letter.

Section 407 [2] provides that an individual is not excused from giving information or evidence under section 406 [2] on the ground that it could incriminate the individual or expose the individual to a penalty.

However, such information is not admissible against the individual except in proceedings that relate to the MRCA brought under sections 137.1 and 137.2 of the Criminal Code.

Section 408 [2] states that without MRCC consent,  it is an offence to sell, mortgage, pledge or dispose of any goods provided under the MRCA.

For example, a person cannot sell pharmaceuticals or glasses that have been provided under the MRCA.

Last updated 5 June 2012

Section 409 [2] stipulates the persons or agencies to whom delegates can provide information obtained under the MRCA.  These are:

• the Department of Defence (via the SAM team);
• a service chief; or
• a person or agency specified in the Regulations (includes an employee and contractor of the Defence Department, and an employee and contractor of Centrelink).

Any information that is given can only be used for the purposes specified in Section 409 [2].

Section 410 [2] provides that a court must accept the validity of the signatures of current or former Commission members or staff found on documents admitted to the court. That is, the court must take 'judicial notice' of the signatures (which means they must be accepted as a commonly known fact).

Any person making a statement which is admitted into evidence may be called upon as a witness for the prosecution.

Section 411 [2] provides that a court must accept as prima facie evidence any written statement signed by a current or former Commission member or official which indicates that a person has or is receiving compensation [2] under the MRCA.

Any person making such a statement which is admitted into evidence may be called upon as a witness for the prosecution. The statement must be provided to the defendant in the proceedings at least 14 days before it is admitted to the court.

Section 412 [2] authorises a MRCC delegate to request a person in Australia to provide their Tax File Number (TFN).  Although there is no legal requirement to compel the provision of a TFN, failure to provide a TFN when requested means that incapacity payments under Parts 3 and 4 of Chapter 4 [2] of the MRCA cannot be made to a claimant.

Section 413 [2] details the various ways that section 412 [2] can be satisfied despite the delegate not being in receipt of a claimant's TFN.  For example, by the provision of evidence indicating that the claimant has requested a TFN.

Section 414 [2] specifies that a claimant is entitled to back pay of incapacity payments where a TFN is provided within 3 months of being requested.  Otherwise, incapacity payments are payable only from the day on which the request is satisfied.

Note:  A TFN is not a pre-requisite for the payment of permanent impairment (PI) or other types of compensation.