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Rehabilitation Policy Library
2 Legislative Provisions
2.7 Deeming a Client Able To Earn
- 2.7.4 Deeming under the MRCA
Date amended:
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The definitions in section 5 of MRCA make a clear distinction between an incapacity for service and an incapacity for work. An incapacity for service refers to a person's inability to undertake their military duties, whereas an incapacity for work refers to a person's inability to undertake civilian work.
The deeming provisions contained in section 181 of the MRCA only make reference to work. Accordingly, there is no power to deem ADF earnings.
Under the MRCA, a reservist may also be deemed AE in their civilian employment (work) while they have an incapacity for service (unable to undertake their military duties). The distinction between the two types of work needs to be brought to the attention of the reservist's treating practitioner. The doctor must provide guidance in respect of each type of employment the client is unable to perform and identify the restrictions that must be applied to the employment the client can perform.