{"id":"F2006L04135","name":"Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2)","slug":"military-rehabilitation-and-compensation-members-determination-2006-no-2","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":61076,"registerId":"commonwealth-F2006L04135-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 2006 (No. 2)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2)\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\nMilitary Rehabilitation and Compensation (Members) Determination 2006 (No. 2)\n\nmade under subsection 8(1) of the\n\nMilitary Rehabilitation and Compensation Act 2004\n\nCompilation No. 1\n\nCompilation date:    17 December 2015\n\nIncludes amendments up to: F2015L02004\n\nRegistered:    18 December 2015\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2) that shows the text of the law as amended and in force on 17 December 2015 (the compilation date).\n\nThis compilation was prepared on 17 December 2015.\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.\n\nSelf-repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\nContents\n\n1 Name of Determination\n\n2 Commencement and application\n\n2A Definitions\n\n3 Persons taken to be members\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\n1  Name of Determination\n\n  This Determination is the Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2)\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\n2A  Definitions\n\nSRCA Notice 2015 means the Safety, Rehabilitation and Compensation (Definition of Employee – War Artists and Entertainers) Notice 2015.\n\n3  Persons taken to be members\n\n  For 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\n \n\nSchedule 1—Persons and activities or acts\n\n \n\n| Item | Class of persons | Acts |\n| --- | --- | --- |\n| 1 | Persons contracted by the Department of Defence to provide or support the provision of :<br> a) musical performances and entertainment; or<br> b) management and technical support for performers referred to in a) above.<br>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 or the Department of Defence—being acts performed at any time during the period 1 July 2004 to the day immediately before the SRCA Notice 2015 commenced.<br>Note:  under subsection 36(1) of the Acts Interpretation Act 1901 a period expressed to continue until a specified day—includes that day. |\n\n\n \n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nEndnotes about misdescribed amendments and other matters are included in a compilation only as necessary.\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\nEndnote 2—Abbreviation key\n\n \n\n| A = Act | o = order(s) |\n| --- | --- |\n| ad = added or inserted | Ord = Ordinance |\n| am = amended | orig = original |\n| amdt = amendment | par = paragraph(s)/subparagraph(s) |\n| c = clause(s) | /sub‑subparagraph(s) |\n| C[x] = Compilation No. x | pres = present |\n| Ch = Chapter(s) | prev = previous |\n| def = definition(s) | (prev…) = previously |\n| Dict = Dictionary | Pt = Part(s) |\n| disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |\n| Div = Division(s) | Reg = Regulation/Regulations |\n| exp = expires/expired or ceases/ceased to have | reloc = relocated |\n| effect | renum = renumbered |\n| F = Federal Register of Legislative Instruments | rep = repealed |\n| gaz = gazette | rs = repealed and substituted |\n| LI = Legislative Instrument | s = section(s)/subsection(s) |\n| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |\n| (md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |\n| effect | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment | SR = Statutory Rules |\n| cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |\n| mod = modified/modification | SubPt = Subpart(s) |\n| No. = Number(s) | underlining = whole or part not |\n|  | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | FRLI registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2) | 22 Dec 2006 (F2006L04135) | 1 July 2004 (s 2(1)) |  |\n| Military Rehabilitation and Compensation (Members – War Artists and Entertainers - Service End Date) Amendment Determination 2015 | 15 Dec 2015 (F2015L02004) | Schedule (Part A): 17 Dec 2015 (s 2) | s 3 |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2A.................... | ad F2015L02004 |\n| Schedule 1 |  |\n| Schedule 1................ | rs F2015L02004 |\n\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Determination has remained tightly focused on its original purpose: deeming specific entertainment contractors to be members for compensation purposes. The 2015 amendment simply added an end date to this deeming (16 December 2015) and updated the mechanism by which that end date is determined (referencing the SRCA Notice 2015). This was a technical adjustment to coordinate with parallel changes to the Safety, Rehabilitation and Compensation Act scheme, not an expansion of scope."},"complexity_factors":["Very short instrument: only 3 operative sections plus a single-item schedule","Minimal defined terms: only 1 definition ('SRCA Notice 2015')","No cross-references to other legislation beyond the parent Act and one related notice","Simple conditional logic: single date range limitation (1 July 2004 to day before SRCA Notice 2015 commenced)","Single purpose instrument: extends member status to one specific class of contractors for a finite period","No nested exceptions or complex deeming provisions"],"plain_english_summary":"This Determination treats certain civilian entertainers, musicians and their technical/support staff who performed for the Australian Defence Force between 1 July 2004 and 16 December 2015 as “members” under the Military Rehabilitation and Compensation Act 2004. That limited change lets them access military-style rehabilitation and compensation for injuries or illnesses linked to their Defence-related entertainment work.\n\nIt’s a closed exception: coverage stops at 16 December 2015, after which different compensation rules apply."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The 2015 amendment altered the Determination's scope by adding a definition (SRCA Notice 2015) and by replacing Schedule 1 to limit the Determination's temporal coverage. The current text confines the \"member\" treatment to acts performed between 1 July 2004 and the day immediately before the SRCA Notice 2015 commenced. That amendment narrows the period during which contractors are treated as members under the MRCA compared with an earlier drafting that did not expressly tie the end of coverage to the SRCA Notice 2015."},"complexity_factors":["Short instrument: 3 substantive clauses plus one Schedule (Schedule 1) — overall brevity reduces complexity","Single substantive defined term added (SRCA Notice 2015) (clause 2A)","Cross‑references to other instruments and Acts: MRCA subsection 8(1) (legal basis) and the SRCA Notice 2015 used to fix an end‑date","Time‑limited coverage (period from 1 July 2004 to the day before SRCA Notice 2015 commenced) — adds one conditional temporal qualification","Single class of persons described but with multiple activity qualifiers (provision/support of musical performances and entertainment; management/technical support; 'at the request of the Defence Force'; 'under the auspices of' specified bodies) — factual-line drawing may cause administrative complexity","Amendment history (Schedule replaced in 2015) — understanding current scope requires reading amendment history/endnotes"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- This Determination (made under section 8(1) of the Military Rehabilitation and Compensation Act 2004 (MRCA)) declares a specific class of civilian contractors to be \"members\" (or to have been \"members\") for the purposes of the MRCA. (See clause 3 and Schedule 1.)\n- The class covered is contractors engaged by the Department of Defence to provide or support musical performances and entertainment (including management and technical support) at the request of the Defence Force. The acts must have been performed under the auspices of the Forces Advisory Committee on Entertainment or the Department of Defence. (Schedule 1, Item 1.)\n- Coverage is time‑limited: it applies to acts performed in the period from 1 July 2004 up to the day immediately before the Safety, Rehabilitation and Compensation (Definition of Employee – War Artists and Entertainers) Notice 2015 (the \"SRCA Notice 2015\") commenced. The Determination itself commenced on 1 July 2004. (Clauses 2(1) and Schedule 1 note.)\n- The Determination includes a short definition that names the SRCA Notice 2015 used to fix the end date for coverage. (Clause 2A.)\n\nWho is affected\n\n- Beneficiaries: Civilian contractors (and those who performed acts on their behalf) who provided or supported musical performances and entertainment for the Defence Force during the specified period. Those people are treated as if they were military members for MRCA purposes (so they may be eligible for MRCA rehabilitation and compensation entitlements). (Clause 3; Schedule 1.)\n- Payer/administrator: The Commonwealth (through the agencies that administer the MRCA) becomes responsible for assessing and, where appropriate, providing MRCA entitlements for eligible people for the acts in the covered period.\n- Employers/contractors: Defence contractors who provided entertainment services during the period may be affected in that their workers or subcontractors can claim under MRCA for covered injuries/conditions arising from the specified activity and period.\n\nWhy it matters (practical effects and legal mechanics)\n\n- Legal effect: By treating those contractors as \"members\", the Determination switches entitlement rules for that cohort from ordinary civilian workplace compensation arrangements to the MRCA scheme for the acts and period specified. (Clause 3; Schedule 1.)\n- Fiscal effect: Eligible claims for rehabilitation and compensation for the specified activity and period are potentially a liability for the MRCA scheme (that is, Commonwealth-funded benefits), rather than being met under civilian workers' compensation arrangements. This raises the Commonwealth's potential exposure for claims arising from the specified acts and timeframe.\n- Administrative effect: Agencies administering MRCA will need to identify eligible persons and process claims for this cohort. Coordination may be required between MRCA administrators and other compensation schemes to avoid double recovery and to determine which scheme applies to particular persons or incidents.\n\nPurpose‑claims and trade‑offs (stated purpose, then practical trade‑offs)\n\n- Stated or implied purpose: The Determination treats certain war artists/entertainers as members so they fall within the MRCA for the relevant period (see clause 3 and Schedule 1). The 2015 amendment that introduced the SRCA Notice 2015 reference sets a clear end date for that treatment.\n\n- Trade‑offs and opportunity costs:\n  - Benefit to individuals: The Determination expands access to MRCA entitlements for a defined group for a defined period. (Schedule 1.)\n  - Cost to the Commonwealth: Potential increase in MRCA claims and associated expenditure for the specified cohort and period.\n  - Administrative burden: Identifying eligible claimants and distinguishing MRCA claims from other compensation schemes creates processing work and potential legal disputes about eligibility.\n  - Temporal limitation reduces long‑term fiscal exposure because coverage ends before the SRCA Notice 2015 commencement. (Clause 2A and Schedule 1 note.)\n\nImplementation, discretion and legal uncertainty\n\n- Implementation risk: Determining whether a particular activity falls \"under the auspices of the Forces Advisory Committee on Entertainment or the Department of Defence\" or was performed \"at the request of the Defence Force\" may require factual inquiries and could generate disputes about eligibility. (Schedule 1.)\n- Bureaucratic discretion: Administrators will need to apply the MRCA eligibility rules to this cohort and exercise judgment in borderline cases (for example, contractors performing mixed duties or performances outside the precise auspices described).\n\nEffects on private choice and markets\n\n- Contracting/competition: The Determination is retrospective and time‑limited, so it does not create an ongoing change to contract terms or market incentives. For the covered period only, affected contractors (and their workers) had access to MRCA entitlements rather than (or in addition to) the usual civilian compensation schemes. This could have affected how contractors or performers sought to allocate risk in contracts for that historical period.\n- Contract freedom: The Determination does not directly change private contract law; it changes which public compensation scheme applies to a defined cohort and period. (Clause 3; Schedule 1.)\n\nKey textual references\n\n- Legal basis: subsection 8(1) of the Military Rehabilitation and Compensation Act 2004 (referenced in the instrument). (Title and clause 3.)\n- Coverage clause: clause 3 and Schedule 1 (Item 1) set out the class of persons and the acts/timeframe covered.\n\nBottom line: this short, targeted Determination makes a specified group of Defence‑contracted entertainers and their support personnel (for performances under Defence auspices) legally equivalent to military members for MRCA purposes for acts performed between 1 July 2004 and the day before the SRCA Notice 2015 commenced. That creates eligibility for MRCA entitlements for that historical period, reallocating potential compensation responsibility from civilian arrangements to the MRCA scheme and requiring administration of those claims by MRCA authorities."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2","history":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2/history","analysis":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-members-determination-2006-no-2/documents"}}