{"id":"F2023L01314","name":"Military Rehabilitation and Compensation (Special Assistance) Instrument 2023","slug":"military-rehabilitation-and-compensation-special-assistance-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104846,"registerId":"commonwealth-F2023L01314-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n  This instrument is the Military Rehabilitation and Compensation (Special Assistance) Instrument 2023.\n\n#### 2 Commencement\n\n  This instrument commences on the day after it is registered.\n\n#### 3 Authority\n\n  This instrument is made under section 424 of the Military Rehabilitation and Compensation Act 2004.\n\n#### 4 Definitions\n\n> Note: Unless otherwise indicated, terms used in this instrument have the same meaning as they do in the Military Rehabilitation and Compensation Act 2004. For example, the following terms are defined in that Act:\n\n> Note: dependant (section 15);\n\n> Note: member (subsection 5(1));\n\n> Note: former member (subsection 5(1));\n\n> Note: deceased member (subsection 5(1)).\n\n  In this instrument:\n  Act means the Military Rehabilitation and Compensation Act 2004.\n\n#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n## Part 2 Prescribed circumstances\n\n#### 6 Persons unable to meet eligible young person definition\n\n  For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed:\n    (a) a person (the dependant) is or was a dependant of a member, former member or deceased member; and\n    (b) the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and\n    (c) the dependant meets subparagraphs (b)(i) and (iii) of the definition of eligible young person in subsection 5(1) of the Act; and\n    (d) the dependant is unable to meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition, or mental injury, mentioned in paragraph (b), prevents the dependant from receiving full‑time education at a school, college, university or other educational institution; and\n    (e) but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to compensation or another benefit under the Act, or would be entitled to such compensation or benefit if a claim was made in respect of the dependant.\n\n#### 7 Persons unable to meet child definition\n\n  For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed:\n    (a) a person (the dependant) is or was a dependant of a member, former member or deceased member; and\n    (b) the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and\n    (c) the dependant meets subparagraph (b)(i) of the definition of child in subsection 5F(1) of the Veterans’ Entitlements Act 1986; and\n    (d) the dependant does not meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition or mental injury prevents the dependant from receiving full‑time education at a school, college or university; and\n    (e) but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to assistance, an allowance or a benefit under the Veteran’s Entitlements Act 1986, or would be entitled to such assistance, allowance or benefit if a claim was made in respect of the dependant.\n\nSchedule 1—Repeal\n\nMilitary Rehabilitation and Compensation (Special Assistance) Instrument 2022\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Military Rehabilitation and Compensation (Special Assistance) Instrument 2023.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after it is registered.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 424 of the Military Rehabilitation and Compensation Act 2004.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: Unless otherwise indicated, terms used in this instrument have the same meaning as they do in the Military Rehabilitation and Compensation Act 2004. For example, the following terms are defined in that Act:\n\n> Note: dependant (section 15);\n\n> Note: member (subsection 5(1));\n\n> Note: former member (subsection 5(1));\n\n> Note: deceased member (subsection 5(1)).\n\n  In this instrument:\n  Act means the Military Rehabilitation and Compensation Act 2004.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Prescribed circumstances","content":"## Part 2 Prescribed circumstances","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Persons unable to meet eligible young person definition","content":"#### 6 Persons unable to meet eligible young person definition\n\n  For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed:\n    (a) a person (the dependant) is or was a dependant of a member, former member or deceased member; and\n    (b) the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and\n    (c) the dependant meets subparagraphs (b)(i) and (iii) of the definition of eligible young person in subsection 5(1) of the Act; and\n    (d) the dependant is unable to meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition, or mental injury, mentioned in paragraph (b), prevents the dependant from receiving full‑time education at a school, college, university or other educational institution; and\n    (e) but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to compensation or another benefit under the Act, or would be entitled to such compensation or benefit if a claim was made in respect of the dependant.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Persons unable to meet child definition","content":"#### 7 Persons unable to meet child definition\n\n  For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed:\n    (a) a person (the dependant) is or was a dependant of a member, former member or deceased member; and\n    (b) the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and\n    (c) the dependant meets subparagraph (b)(i) of the definition of child in subsection 5F(1) of the Veterans’ Entitlements Act 1986; and\n    (d) the dependant does not meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition or mental injury prevents the dependant from receiving full‑time education at a school, college or university; and\n    (e) but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to assistance, an allowance or a benefit under the Veteran’s Entitlements Act 1986, or would be entitled to such assistance, allowance or benefit if a claim was made in respect of the dependant.\n\nSchedule 1—Repeal\n\nMilitary Rehabilitation and Compensation (Special Assistance) Instrument 2022\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":8}],"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":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2022 instrument with identical substantive provisions. The scope remains tightly focused on the specific carve-out for mental health-affected dependants who cannot meet full-time education requirements. No expansion beyond the original purpose."},"complexity_factors":["Short instrument (approximately 2 substantive sections)","Minimal defined terms (only 1 explicit definition: 'Act')","Heavy reliance on external definitions from two different Acts (MRCA and VEA)","Nested cross-references requiring knowledge of subparagraphs (b)(i), (b)(ii), (b)(iii) from definitions in other legislation","Conditional logic with 5 cumulative requirements in each section (all must be met)","Requires understanding of 'but for' causation test (legal concept that the person would be eligible if not for the specific barrier)"],"plain_english_summary":"This law lets children and other dependants of current, former or deceased ADF members who are unable to study full‑time because of a diagnosed mental health condition still qualify for benefits under the Military Rehabilitation and Compensation Act 2004 and the Veterans’ Entitlements Act 1986. \n\nIt prevents loss of financial support for young people penalised by mental illness and replaces the 2022 instrument updating those special-assistance rules."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the Military Rehabilitation and Compensation (Special Assistance) Instrument 2022 (Schedule 1) and sets out new prescribed circumstances under section 424 of the Military Rehabilitation and Compensation Act 2004 and, by reference, subsection 5F(1) of the Veterans’ Entitlements Act 1986. Mechanically, it replaces the delegated instrument governing when dependants with mental health conditions who cannot undertake full‑time education are treated as eligible for special assistance; the repeal indicates a change in the delegated instrument in force."},"complexity_factors":["Cross-references to primary legislation: section 424 of the Military Rehabilitation and Compensation Act 2004 and definitions in subsection 5(1) (eligible young person) and subsection 5F(1) of the Veterans’ Entitlements Act 1986.","Medical evidentiary requirement: diagnosis by a medical practitioner of a mental ailment, disorder, defect, morbid condition or mental injury.","Conditional eligibility hinge: inability to receive full‑time education must be the sole reason for failing the statutory education requirement.","'But for' entitlement test: entitlement contingent on showing that, absent the education incapacity, the dependant would have been or would be entitled to compensation or benefits.","Repeal and replacement: Schedule 1 repeals the entire 2022 Instrument, creating a substitution point for administrative practice.","Immediate commencement: instrument commences the day after registration, affecting timing for claims and administration.","Administrative and evidentiary burden: establishes facts (medical condition, education incapacity, entitlement) that Department decision‑makers must assess, creating potential process complexity for claimants and administrators.","Interaction between two statutory schemes (MRCA and VEA) increasing cross‑agency interpretive needs."],"plain_english_summary":"This instrument prescribes specific circumstances under section 424 of the Military Rehabilitation and Compensation Act 2004 where a dependant diagnosed with a mental condition or mental injury who cannot undertake full‑time education is to be treated as an \"eligible young person\" or \"child\" for special assistance. It identifies who can qualify for compensation or benefits they otherwise would have received but for the education incapacity, and it repeals the 2022 special assistance instrument."}},"importantCases":[],"_links":{"self":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023","history":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023/history","analysis":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023/analysis","conflicts":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023/conflicts","importantCases":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023/important-cases","documents":"/api/acts/military-rehabilitation-and-compensation-special-assistance-instrument-2023/documents"}}