In this chapter
This chapter contains the following sections:
The Military Rehabilitation and Compensation Act 2004 (MRCA) provides treatment, rehabilitation and compensation for members and former members of the Australian Defence Force (ADF), their dependants and other eligible persons in respect of injury, disease or death related to service rendered on or after 1 July 2004. The MRCA also sets out governance, administration and reporting requirements.
A primary aim of this legislation is rehabilitation for ADF members and former members whose capacity for work is affected by conditions that have been accepted as related to their service. All members due for medical discharge, whether or not this results from service related injury or disease, will be individually case-managed through their transition to civilian life.
Prior to this legislation ADF members were subject to two compensation acts, depending on service. They were the Veterans' Entitlements Act 1986 (VEA) and the Safety, Rehabilitation and Compensation (Defence-related claims) Act 1988 (DRCA). Existing veterans, ADF members and former members will not lose their entitlements or their ability to claim under either the VEA or the DRCA. All conditions due to service prior to the 1 July 2004 will continue to be covered by the VEA and/or the DRCA.
The MRCA is designed to create a fair and equitable compensation system recognising the needs of serving members of the ADF as well as eligible former members. The MRCA adopts the beneficial 'beyond reasonable doubt' standard of proof provided in the VEA for determining whether an injury, disease or death relating to warlike or non-warlike service is a service injury, disease or death. The 'reasonable satisfaction' standard of proof applies when determining whether an injury, disease or death relating to peacetime service is a service injury, disease or death and for all other determinations under MRCA. It utilises the Statements of Principles (SOPs) from the VEA in linking injury, disease or death with service. Where service after 01 July 2004 aggravates a pre-existing condition, and the cause of the aggravation satisfies a SOP factor, compensation can be provided to the extent of the aggravation, as is the case under the DRCA.
The actual financial benefits for permanent impairment arising from warlike or non-warlike service are higher than those arising from peacetime service, except for the most serious impairment and for service related deaths, where the same compensation benefits are payable.
The operative provisions of the MRCA commenced on 1 July 2004. The MRCA is prospective in operation and only applies to service rendered on or after the commencement day of 1 July 2004. However, the provisions of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 [4] (CTPA), mean that defence service before, and on or after 1 July 2004 can, where applicable, also be included in considering liability under the MRCA.
The VEA was not repealed as a consequence of the passage of the MRCA. This means that veterans (as defined in the VEA) with compensation coverage under the MRCA may be eligible for certain other benefits that continue under the VEA, such as the service pension or treatment for malignant neoplasia or post traumatic stress disorder. It also means that people with compensation coverage under the VEA continue to be covered under the VEA for eligible service before 1 July 2004, subject to the provisions of the CTPA.
Persons with compensation coverage under the DRCA continue to be covered by that Act for service before 1 July 2004, subject to the provisions of the CTPA.
The MRCA provides for the establishment of the Military Rehabilitation and Compensation Commission (MRCC). The MRCC comprises of:
The functions of the MRCC under the MRCA include:
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 [6] 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.
The Compensation and Income Policy Branch and Rehabilitation Policy & Reform Branch which are part of the Rehabilitation and Support Division have primary responsibility for policy matters affecting the administration of the MRCA.
The Claims & Operations Division has primary responsibility for:
The preamble to the MRCA states that it is “An Act to provide rehabilitation, compensation and other entitlements for veterans, members and former members of the Defence Force, and for other purposes.”
Persons provided compensation coverage by the MRCA:
Under section 7A of the MRCA the following classes of persons who perform, or have performed, the specified acts are defined as members of the ADF for the purposes of this Act:
Item | Class of Persons | Acts |
1 | Persons who hold an honorary rank or appointment in the ADF | Acts performed by the person at the request or direction of the Defence Force |
2 | Persons who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force | Acts performed in connection with the arrangement |
3 | Members of approved philanthropic organisations serving the Defence Force | Acts performed: a) As an accredited representative of the philanthropic organisation; and b) While providing services in support of the ADF as authorised by the sponsoring ADF unit |
In 2006, the Minister for Veterans' Affairs signed the Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2) [9] which extended coverage under subsection 8(1) of the MRCA to entertainers working at the request of the Defence Force. This determination included a backdating provision to 1 July 2004. Entertainers were covered under the MRCA up to and including 16 December 2015, when coverage transferred to the SRCA.
Item | Class of Persons | Acts | Dates of coverage under MRCA |
1 | Persons contracted by the Department of Defence to provide or support the provision of: a) musical performances and entertainment; or b) management and technical support for performers referred to in a) above at the request of the Defence Force | Acts performed in the provision or support of musical performances and entertainment under the auspices of the Forces Advisory Committee on Entertainment | 1 July 2004 to 16 December 2015 |
In 2007, MRCA coverage was also extended under s8(1) to war artists commissioned by the Australian War Memorial [10]to document the activities of the ADF. War artists were covered under the MRCA from 1 February 2007 up to and including 16 December 2015, when coverage was also transferred to the SRCA.
Item | Class of Persons | Acts | Dates of coverage under the MRCA |
1 | Persons commissioned by the Australian War Memorial to provide original works in a range of media, including still photography, cinematography, paintings, drawings, and written work concerning the operations of the Defence Force | Acts performed in a Defence Force area of operations for the purpose of providing works commissioned by the Australian War Memorial | 1 February 2007 to 16 December 2015 |
Claims relating to war artists and entertainers on or after 17 December 2016 are to be considered under the SRCA.
However, before accepting liability for any claims relating to s8(1), delegates should seek clarrification regarding coverage for specific cases from the Liability and Service Eligibility Section (email: L.and.SE.Policy@dva.gov.au [11]).
The MRCA applies to the following categories of defence service:
The Minister for Defence determines what service constitutes warlike or non-warlike service. Service that is not the subject of such a determination is peacetime service.
For details of ADF operations determined to be warlike or non-warlike service refer to CLIK under Legislation/Military Rehabilitation and Compensation/MRCA determinations.
Last amended: 23 January 2012
You will need to access the intranet in order to obtain information on who the MRCC has delegat — ed authority to under the MRCA.
More → [14]
Instruments of Delegation
http://sharepoint/supportingbusiness/delegations/Pages/Instruments%20of%20Delegation.aspx [15]
Staff representing DVA are expected to meet the following standards when undertaking the determination of initial liability or assessment of a claim:
The following Acts came into effect on 1 February 1996
The legislation enables people who are waiting to have a workers' compensation claim settled to claim Medicare and nursing home care benefits. To prevent 'double dipping', Medicare Australia must be reimbursed all amounts of Medicare and nursing home care benefits which a claimant has received in relation to his or her injury prior to liability for payment of compensation being admitted. Compensation administrators are obliged to meet significant reporting requirements under these arrangements.
The basic guideline is that Medicare Australia must be notified if we accept a claim more than 6 months after it was lodged and we are aware that Medicare has reimbursed the claimant for medical costs for which the Commonwealth is liable under the MRCA. In such a situation, Medicare is entitled to seek reimbursement from DVA for the monies it has paid.
Notices to Medicare should be sent to the Compensation Section, Medicare Australia, GPO Box 9822 in your State Capital City. ACT and Northern Territory notices should be submitted to the Sydney office of Medicare Australia. The Canberra office will lodge any notices which arise out of a reconsideration, review, or an AAT or court decision. In all other cases, the lodgement of notices is the responsibility of the office handling the claim.
The VEA is the legislation under which compensation, treatment, some rehabilitation and income support is provided to veterans and their eligible dependants for injury, disease or death related to service rendered before 1 July 2004. The VEA mostly covers veterans with service in wars, warlike and non-warlike operations (including peacekeeping operations) but peacetime service between 7 December 1972 and 6 April 1994 is also covered, and in some cases (depending on the member's date of enlistment), through to 30 June 2004. The VEA is administered through the DVA.
The SRCA is the legislation under which rehabilitation, compensation and treatment is provided to Australian Government employees who suffer injury or disease as a result of their employment. It also provides compensation for their eligible dependants for work-related death. This includes ADF peacetime service from 1 December 1988 until 1 July 2004 and warlike and non-warlike service between 7 April 1994 and 1 July 2004. In 2017 the SRCA was spilt with coverage for members of the Australian Defence Force provided under the Safety Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA).
The C(CGE)A covers peacetime service from 1 September 1971 until 30 November 1988 and is administered by DVA for ADF claims relating to this period.
Coverage for the peacetime service of members of the ADF under this Act is from 3 January 1949 until 31 August 1971. Current claims relating to this period of service are determined by DVA.
This determination provides for the payment of additional death benefit and severe injury adjustment in respect of a member who dies or is severely injured on or after 10 June 1997 and in respect of whom SRCA compensation is payable.
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Links
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[4] https://www.legislation.gov.au/Series/C2004A01286
[5] https://clik.dva.gov.au/user/login?destination=comment/reply/19309%23comment-form
[6] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-12-transitional-provisions
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[9] https://www.legislation.gov.au/Details/F2015C00992
[10] https://www.legislation.gov.au/Details/F2007L00230
[11] mailto:L.and.SE.Policy@dva.gov.au
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[14] https://clik.dva.gov.au/book/export/html/19316#tgt-mmrca_chap1_ftn1
[15] http://sharepoint/supportingbusiness/delegations/Pages/Instruments%20of%20Delegation.aspx
[16] https://clik.dva.gov.au/book/export/html/19316#ref-mmrca_chap1_ftn1
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