{"id":"F2007B00478","name":"Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1)","slug":"military-rehabilitation-and-compensation-members-determination-2004-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62335,"registerId":"commonwealth-F2007B00478-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1)","content":"![](image.001.png)\n\nMilitary Rehabilitation and Compensation (Members) Determination 2004 (No.1)\n\nAs amended\n\nmade under the\n\nMilitary Rehabilitation and Compensation Act 2004\n\nThis compilation was prepared on 7 July 2013\n\ntaking into account amendments up to:\n\nMilitary Rehabilitation and Compensation (Members - Service End Date) Amendment Determination 2013 (No. MRCC 5 of 2013)(F2013L01041)\n\nPrepared by the Legal Services & Assurance Branch,\n\nDepartment of Veterans' Affairs, Canberra.\n\n \n\n1 Name of Determination\n\nThis Determination is the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1).\n\n2 Commencement and application\n\n(1) This Determination commences on 1 July 2004.\n\n(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.\n\n3 Persons taken to be members\n\nFor subsection 8 (1) of the Military Rehabilitation and Compensation Act 2004, the classes of persons specified in Schedule 1 who perform, or have performed, the acts specified in that Schedule are taken to be, or to have been, members for the purposes of that Act.\n\nSchedule 1 Persons and activities or acts\n\n| Item | Class of persons | Acts |\n| ---- | ------------------------------------------------------------------------------------------------------------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Persons who hold an honorary rank or appointment in the Australian Defence Force | Acts performed by the persons in assisting the Australian Defence Force in the period 1 July 2004 – 30 June 2013 |\n| 2 | Persons who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force | Acts performed in connection with the arrangement in the period 1 July 2004 – 30 June 2013 |\n| 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 Australian Defence Force as authorised by the sponsoring Australian Defence Force unit; and(c ) in the period 1 July 2004 – 30 June 2013 |\n\n \nNotes to the Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)\n\n> Note 1\n\nThe Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) (in force under the Military Rehabilitation and Compensation Act 2004) as shown in this compilation comprises the legislative instruments indicated in the Table below.\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| ---------------------------------------------------------------------------- | ------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------- |\n| Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) | 10 April 2007 (see F2007B0047) | 1 July 2004 | Section 2(see Table A) |\n| 2013 No. MRCC 5 | 18 June 2013 (see F2013L01041) | when Schedule 12 of the Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 commences. | Section 3 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Schedule 1

rs. 2013 No. MRCC 5

\n```\n\n \n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)\n\n2 Commencement and application\n\n(1) This Determination commences on 1 July 2004.\n\n(2) For paragraph 8 (2) (a) of the Military Rehabilitation and Compensation Act 2004, this Determination applies on and from 1 July 2004.\n\nLegislative Instrument 2013 No. MRCC 5\n\n3 Application\n\nA person who, immediately before the commencement of this instrument, is a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) is, on the commencement of this instrument, a member under the Military Rehabilitation and Compensation (Members) Determination 2004 (No. 1) as amended by this instrument.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation has remained tightly focused on its original purpose: deeming specific non-member categories as members for compensation purposes. The 2013 amendment merely updated the date range in Schedule 1 without expanding the classes of persons or the nature of covered acts."},"complexity_factors":["Extremely short: only 3 operative sections plus a schedule table","No defined terms section; relies entirely on definitions in the parent Act (Military Rehabilitation and Compensation Act 2004)","Simple tabular structure in Schedule 1 with only 3 rows","Single temporal limitation (1 July 2004 – 30 June 2013) applied uniformly across all classes","No nested exceptions, conditional logic, or cross-references beyond the basic empowering provision (section 8 of the parent Act)","2013 amendment was a straightforward substitution of Schedule 1 with identical substantive content but updated dates"],"plain_english_summary":"This Determination temporarily expands who counts as a “member” under the Military Rehabilitation and Compensation Act 2004, treating certain non-serving people as eligible for compensation for acts between 1 July 2004 and 30 June 2013. It covers honorary rank holders, participants in ADF-approved career transition programs, and accredited representatives of approved philanthropic organisations who provided authorised support—closing a gap so injuries or illnesses from those roles can be claimed."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The 2013 amendment altered the Determination’s scope by formally setting a service end date (acts must have been performed between 1 July 2004 and 30 June 2013) and by replacing Schedule 1. That change narrows future exposure (it confines eligibility to a defined historical window) and clarifies who is a member for that window. The amendment also includes a transitional provision preserving membership for anyone who was already a member immediately before the amendment’s commencement. Mechanically, the instrument therefore moved from a more open or differently‑framed initial schedule to a time‑limited definition of covered persons and acts, changing the practical scope of who can claim under the Determination going forward."},"complexity_factors":["Very short instrument (3 operative clauses and a 3‑item Schedule).","Only 3 classes of persons specified in Schedule 1 (low branching).","Single, simple temporal limitation (acts in period 1 July 2004 – 30 June 2013).","Minimal defined terms within the Determination itself; relies on cross‑reference to the Military Rehabilitation and Compensation Act 2004 for substantive entitlement rules (one external cross‑reference).","One amendment (2013) that replaced Schedule 1 and added a transitional preservation clause; no nested exceptions or conditional ladders."],"plain_english_summary":"**What this Determination does (mechanically)**\n\n- It declares certain non‑standard personnel to be “members” for the purposes of the Military Rehabilitation and Compensation Act 2004. (See section 3 and Schedule 1.)\n- The Determination took effect on 1 July 2004. (Section 2.)\n- The classes covered are listed in Schedule 1 and the acts that make those people be treated as members are limited to acts performed in the period 1 July 2004 to 30 June 2013. (Schedule 1.)\n\n**Who is covered (Schedule 1 — key categories)**\n\n- People who hold an honorary rank or appointment in the Australian Defence Force and who assisted the ADF during 1 July 2004 – 30 June 2013. (Schedule 1, item 1.)\n- People who were on Career Transition Assistance under an ADF‑approved arrangement and performed acts connected with that arrangement in the same period. (Schedule 1, item 2.)\n- Members of approved philanthropic organisations who served the Defence Force as accredited representatives, and who provided services authorised by a sponsoring ADF unit, during that period. (Schedule 1, item 3.)\n\n**Why it matters**\n\n- Declaring these persons to be members brings them within the MRCA framework. That means they can be eligible for rehabilitation and compensation entitlements (medical care, rehabilitation services, compensation for injury or death, and related benefits) administered under the Military Rehabilitation and Compensation Act 2004 and handled by the Department of Veterans’ Affairs (DVA). (See section 3 and Schedule 1.)\n\n**Stated purpose and tested mechanics**\n\n- The instrument’s stated legal effect is to extend the legal category of “member” to particular classes of people so they can access MRCA entitlements for acts performed in a defined historical window. (Section 3; Schedule 1.)\n\nTested against costs, incentives and implementation mechanics:\n\n- Who pays: any entitlements arising from this classification are payable from Commonwealth funds via DVA (the MRCA scheme is publicly funded). The Determination itself does not create new funding sources; it creates eligibility that may generate future (or retrospective) fiscal outlays.\n- Who decides eligibility: DVA applies the MRCA eligibility rules to claims. Defence plays a gatekeeping role where accreditation, approval of arrangements, or authorisation by a sponsoring unit is a precondition for a person to be treated as a member (see Schedule 1, item 3). Practical eligibility therefore depends on administrative records held by Defence and DVA.\n- Behavioural and incentive effects: the Determination makes certain honorary, transitional‑assistance and philanthropic participants eligible for compensation, which may (a) create an incentive for Defence to formalise approvals and accreditation processes so those people can access entitlements, and (b) create little direct incentive for private parties because the Determination applies only to acts already performed in the 2004–2013 window.\n- Compliance and evidence burden: claimants or DVA will need documentary proof that the person performed the specified acts within the 2004–2013 window and that any required accreditation/authorisation existed. The Determination therefore relies on Defence recordkeeping for the relevant period.\n- Concentrated benefits and diffuse costs: the beneficiaries are a limited, identifiable set of people (honoraries, transition assistance participants, accredited philanthropic reps), while costs (if claims are payable) are borne by the Commonwealth budget. The Determination itself does not specify quantum of payments; those follow MRCA rules.\n- Implementation risk and opportunity costs: the main implementation challenges are administrative (verifying status and actions in a past period) and potential fiscal liability for retrospective claims. By fixing an end date (30 June 2013), the Determination limits open‑ended future liability for this class.\n\n**Practical consequences for affected people and organisations**\n\n- Individuals in the listed classes can apply to DVA for MRCA benefits for covered acts during the stated period; they will be assessed under the Act’s normal entitlement rules. (Section 3; Schedule 1.)\n- Defence must be able to confirm approvals, authorisations and accreditations for the relevant period to support claims.\n- Philanthropic organisations and sponsoring units that accredited or authorised representatives during that period are the factual source of proofs that will support claims.\n\n**Key provisions to look at in the text**\n\n- Section 2: commencement date (1 July 2004).\n- Section 3: operation of the Determination to treat listed persons as members for MRCA purposes.\n- Schedule 1: the three classes of persons and the specific acts/time window (1 July 2004 – 30 June 2013).\n- Transitional clause (2013 amendment): people already treated as members immediately before the amendment remain members under the amended Determination (see Table A / Application clause of the 2013 instrument)."}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1","history":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1/history","analysis":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-members-determination-2004-no-1/documents"}}