{"id":"F2022L01343","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022","slug":"safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102757,"registerId":"commonwealth-F2022L01343-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\n1 Name\n\nThis instrument is the Safety, Rehabilitation and Compensation (Defence‑related Claims) (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022.\n\n3 Authority\n\nThis instrument is made under section 41B of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n4 Simplified outline of this instrument\n\nThe Military Rehabilitation and Compensation Commission (the MRCC) may grant an acute support package to a person who is:\n\n(a) an employee; or\n\n(b) the spouse of a deceased employee; or\n\n(c) the former spouse of an employee; or\n\n(d) a related person of an employee; or\n\n(e) a parent or step‑parent of a deceased employee, or a parent or step‑parent of another person who was the spouse of an employee at any time before the employee’s death;\n\nif the person meets certain eligibility criteria and the MRCC is satisfied that it is appropriate to grant the package to assist the person to adjust to new and challenging life circumstances (section 6).\n\nThe MRCC must prepare a support plan for the person that outlines, among other things, the persons who will be provided with assistance or benefits under the support plan, the kinds of assistance or benefits that will be provided, and the periods during which the assistance or benefits will be provided (section 7). The support plan may be varied or revoked by the MRCC in the circumstances outlined in section 8.\n\nUnder an acute support package, assistance or benefits may be provided in the circumstances outlined in section 9. Additional counselling (section 10) and additional assistance or benefits in relation to children attending, or not yet attending, primary school may also be provided to certain persons (section 11).\n\n5 Definitions\n\n(1) In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation (Defence‑related claims) Act 1988.\n\n> acute support package: see subsection 6(1).\n\n> related person: see subsection 4(1) of the Act.\n\n> support plan: see section 7.\n\n(2) In this instrument, a reference to a child of an employee or deceased employee includes a reference to:\n\n(a) a stepchild of the employee or deceased employee; and\n\n(b) a person in respect of whom the employee stands, or the deceased employee stood, in the position of a parent.","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"MRCC may grant acute support package","content":"## Part 2 MRCC may grant acute support package\n\nDivision 1 Eligibility for acute support package\n\n6 MRCC may grant acute support package\n\n(1) The MRCC may decide to grant a package (an acute support package) of assistance or benefits to a person if:\n\n(a) subsection (2), (3), (4), (5) or (6) applies to the person at the time the person’s eligibility for an acute support package is determined; and\n\n(b) if the person has previously been granted an acute support package—either:\n\n(i) the period during which assistance or benefits for that acute support package may be provided has ended by operation of subsection 9(2); or\n\n(ii) the support plan has been revoked; and\n\n(c) the MRCC is satisfied that it is appropriate to grant an acute support package to the person to assist the person to adjust to new and challenging life circumstances.\n\nEmployees\n\n(2) This subsection applies to a person if the following criteria are satisfied:\n\n(a) the person is an employee;\n\n(b) the person is under 65 years of age;\n\n(c) the person is receiving, or is eligible to receive, compensation under Division 3 of Part II of the Act;\n\n(d) the MRCC is satisfied that the person, or a related person of the person, is experiencing, or is at risk of experiencing, crisis.\n\nSpouses of deceased employees\n\n(3) This subsection applies to a person if the following criteria are satisfied:\n\n(a) the person was a spouse of an employee immediately before the employee’s death;\n\n(b) the person is under 65 years of age;\n\n(c) the deceased employee’s death occurred no more than 2 years ago;\n\n(d) the deceased employee’s death resulted from an injury;\n\n(e) either:\n\n(i) the injury arose out of or occurred in the course of the employee’s employment; or\n\n(ii) the MRCC is satisfied that the deceased employee’s death was a suicide that arose out of or occurred in the course of the employee’s employment.\n\nFormer spouses of employees\n\n(4) This subsection applies to a person if the following criteria are satisfied:\n\n(a) the person is a former spouse of an employee;\n\n(b) the person is under 65 years of age;\n\n(c) the employee is receiving, or is eligible to receive, compensation under Division 3 of Part II of the Act;\n\n(d) either or both of the following apply:\n\n(i) the person ceased being the employee’s spouse within the previous 12 months;\n\n(ii) a child of the employee who is under 18 years of age lives with the person;\n\n(e) the MRCC is satisfied that the person is experiencing, or is at risk of experiencing, crisis.\n\nRelated people\n\n(5) This subsection applies to a person if the following criteria are satisfied:\n\n(a) the person is a related person of an employee;\n\n(b) the employee is under 65 years of age;\n\n(c) the employee is receiving, or is eligible to receive, compensation under Division 3 of Part II of the Act;\n\n(d) the MRCC is satisfied that the person is experiencing, or is at risk of experiencing, crisis;\n\n(e) the MRCC is satisfied that the crisis, or the risk of experiencing crisis, is:\n\n(i) impacting or involving the employee; or\n\n(ii) connected to the employee’s wellbeing.\n\nParents or step‑parents in relation to a deceased employee, etc, who are parenting a child of the deceased employee under 18 years\n\n(6) This subsection applies to a person if the following criteria are satisfied:\n\n(a) the person is a parent or step‑parent of:\n\n(i) a deceased employee; or\n\n(ii) another person who was the spouse of an employee at any time before the employee’s death;\n\n(b) the deceased employee’s death occurred no more than 2 years before the day the person’s eligibility for an acute support package is determined;\n\n(c) the deceased employee’s death resulted from injury;\n\n(d) either:\n\n(i) the injury arose out of or occurred in the course of the employee’s employment; or\n\n(ii) the MRCC is satisfied that the deceased employee’s death was a suicide that arose out of or occurred in the course of the employee’s employment;\n\n(e) the MRCC is satisfied that the person is parenting a child of the deceased employee;\n\n(f) at the time the person’s eligibility for the package is determined, the child is under 18 years;\n\n(g) the MRCC is satisfied that the person, or the child, is experiencing, or is at risk of experiencing, crisis.\n\nDivision 2 Support plan for acute support package\n\n7 MRCC must develop support plan\n\n(1) If the MRCC grants an acute support package to a person, the MRCC must prepare a plan (a support plan) for the person.\n\nContents of support plan\n\n(2) The support plan must include the following:\n\n(a) the people who are to be provided with assistance or benefits under the support plan;\n\n(b) the kinds of assistance or benefits that the MRCC is satisfied are appropriate to be provided to the people;\n\n(c) the period or periods during which those assistance or benefits are to be provided;\n\n(d) the providers that are to provide the assistance or benefits;\n\n(e) the payment arrangements relating to the provision of the assistance or benefits;\n\n(f) the day on which the support plan comes into effect.\n\nPeople included in support plan\n\n(3) For the purposes of paragraph (2)(a), a person may be included in a support plan for an acute support package only if:\n\n(a) the person has been granted the package; or\n\n(b) if the package has been granted to an employee:\n\n(i) the person is a related person of the employee; and\n\n(ii) the Commission is satisfied that the person is experiencing, or is at risk of experiencing, crisis; or\n\n(c) if the package has been granted to a spouse of a deceased employee:\n\n(i) the person is a child under 18 years of age of the deceased employee; and\n\n(ii) the spouse is parenting the child; and\n\n(iii) the MRCC is satisfied that the child is experiencing, or is at risk of experiencing, crisis; or\n\n(d) if the package has been granted to a former spouse of an employee:\n\n(i) the person is a child under 18 years of age of the employee; and\n\n(ii) the former spouse is parenting the child; and\n\n(iii) the MRCC is satisfied that the child is experiencing, or is at risk of experiencing, crisis; or\n\n(e) if the package has been granted to a parent or step‑parent of a deceased employee:\n\n(i) the person is a child under 18 years of age of the deceased employee; and\n\n(ii) the parent or step‑parent is parenting the child; and\n\n(iii) the Commission is satisfied that the child is experiencing, or is at risk of experiencing, crisis; or\n\n(f) if the package has been granted to a parent or step‑parent of another person who was the partner of a deceased employee (the former spouse):\n\n(i) the person is a child under 18 years of age of the deceased employee; and\n\n(ii) the parent or step‑parent is parenting the child; and\n\n(iii) the Commission is satisfied that the child is experiencing, or is at risk of experiencing, crisis.\n\nKinds of assistance or benefits included in support plan\n\n(4) The kinds of assistance or benefits that may be included in a support plan for the purposes of paragraph (2)(b) are one or more of the following:\n\n(a) child care services for a child who is attending, or not yet attending, primary school;\n\n(b) counselling;\n\n(c) household assistance;\n\n(d) services to build capacity;\n\n(e) academic and extra‑curricular support services for a child who is under 18 years of age;\n\n(f) transport services in relation to assistance or benefits being provided under the support plan;\n\n(g) equipment and other goods in relation to assistance or benefits being provided under the support plan;\n\n(h) any other kind of assistance or benefits that the MRCC is satisfied will assist the person being provided with the assistance or benefits to adjust to new and challenging life circumstances.\n\nChild care service providers\n\n(5) For the purposes of paragraph (2)(d), a provider of child care services must not be included in a support plan unless the provider is:\n\n(a) an approved child care service (within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999); or\n\n(b) a person registered under section 73E of the National Disability Insurance Scheme Act 2013 in relation to the provision of child care services.\n\n8 Varying and revoking support plan\n\nVarying support plan\n\n(1) The MRCC may vary a support plan:\n\n(a) on request by:\n\n(i) the person for whom the support plan was prepared; or\n\n(ii) a person who is included in the support plan; or\n\n(b) on the MRCC’s own initiative;\n\nif the MRCC is satisfied that it is appropriate to do so.\n\nRevoking support plan\n\n(2) The MRCC must revoke a support plan that was prepared for an employee or former spouse of an employee if the employee is no longer receiving, or is no longer eligible to receive, compensation under Division 3 of Part II of the Act.\n\n(3) The MRCC may revoke a support plan if:\n\n(a) either:\n\n(i) if the support plan was prepared for an employee—the MRCC is satisfied that the employee is no longer experiencing, or is no longer at risk of experiencing, crisis; or\n\n(ii) if the support plan was prepared for a person mentioned in subsections 6(3) to (6)—the MRCC is satisfied that the person is no longer experiencing, or is no longer at risk of experiencing, crisis; or\n\n(b) a person who is included in the support plan does not comply with a request made to the person under section 12; or\n\n(c) the MRCC is satisfied that, as a result of new and challenging life circumstances, it is appropriate for the support plan to be revoked in order for the MRCC to grant a further acute support package to the person for whom the support plan was prepared.\n\nEffect of revocation\n\n(4) If a support plan is revoked, assistance or benefits must no longer be provided under the support plan.\n\nDivision 3 Conditions and limits on assistance or benefits\n\n9 Assistance or benefits generally\n\n(1) Subject to sections 10 and 11, the total value of assistance or benefits that may be included in a support plan is:\n\n(a) for a support plan prepared for an employee, former spouse of an employee or a related person of an employee:\n\n(i) a maximum of $7,500 in relation to one or more periods during which assistance or benefits are to be provided that add up to 12 months; and\n\n(ii) if the 12‑month period referred to in subparagraph (i) has been accumulated—a maximum of $5,000 in relation to one or more periods during which assistance or benefits are to be provided that add up to a further 12 months; and\n\n(b) for a support plan prepared for a spouse of a deceased employee—a maximum of $27,835 every 12 months for a continuous 24‑month period starting on the day the support plan comes into effect; and\n\n(c) for a support plan prepared for a parent or step‑parent mentioned in paragraph 7(3)(e) or (f)—a maximum of $27,835 every 12 months for a continuous 24‑month period starting on the day the support plan comes into effect.\n\n(2) Despite subsection (1), the period during which assistance or benefits included in a support plan for the purposes of this section may be provided ends immediately after:\n\n(a) for a support plan prepared for an employee, former spouse of an employee, or a related person of an employee—the earlier of:\n\n(i) the end of the further 12 month period referred to in subparagraph (1)(a)(ii); or\n\n(ii) the end of a 48 month period starting on the day the support plan comes into effect; or\n\n(b) for a support plan prepared for a wholly dependent spouse of a deceased employee—the end of the 24‑month period mentioned in paragraph (1)(b); or\n\n(c) for a support plan prepared for a parent or step‑parent mentioned in paragraph 7(3)(e) or (f)—the end of the 24‑month period mentioned in paragraph (1)(c).\n\n10 Additional counselling\n\n(1) In addition to section 9, assistance or benefits may be included in a support plan prepared for an employee, former spouse of an employee or a related person of an employee in the form of a maximum of 4 courses of counselling every 12 months for a continuous 36 month period.\n\n(2) The 36 month period starts on the day after the end of the period referred to in paragraph 9(2)(a) in relation to the support plan.\n\n11 Additional assistance or benefits in relation to children\n\n(1) This section applies if a person who is included in a support plan for the purposes of paragraph 7(2)(a) is a child who is attending, or not yet attending, primary school.\n\n(2) In addition to section 9, assistance or benefits may be included in the support plan in relation to the child for a continuous period starting on the later of:\n\n(a) the day the support plan comes into effect; or\n\n(b) the day the child is included in the support plan for the purposes of paragraph 7(2)(a);\n\nand ending on the first anniversary of the start of the period that occurs after the child has completed primary school.\n\n(3) The value of assistance or benefits included in the support plan in relation to the child must not exceed:\n\n(a) until the first‑occurring anniversary of the start of the period for which the child is attending primary school—$10,000 every 12 months; and\n\n(b) thereafter until the period ends—$5,000 every 12 months.\n\n(4) Assistance or benefits provided under this section do not count towards the maximum amounts or periods referred to in section 9.\n\nDivision 4 Other matters\n\n12 MRCC may request information\n\nThe MRCC may request information from a person who is included in a support plan for an acute support package in relation to the provision of assistance or benefits included in that support plan.\n\n> Note Failure to comply with a request may result in the revocation of the support plan (see paragraph 8(3)(b)).\n\nDivision 5 Operation of certain provisions—MRCA and DRCA (Defence, Veterans’ and Families’ Acute Support Package) Amendment Instrument 2024\n\n13 Operation of paragraphs 6(5)(b) and 7(3)(b) during relevant period\n\n(1) This section applies in relation to the determination of a person’s eligibility, made during the relevant period:\n\n(a) for the granting of an acute support package under section 6 (a relevant determination); or\n\n(b) for the person’s inclusion in a support plan under section 7 (a relevant determination).\n\n(2) An amendment made by the following provisions of the amending instrument is taken to have effect in relation to a relevant determination:\n\n(a) item 8 of schedule 2 (which substitutes paragraph 6(5)(b));\n\n(b) item 15 of schedule 2 (which inserts new paragraph 7(3)(b)).\n\n(3) However, the amendment does not affect a relevant determination made before the day after the registration day if giving effect to the amendment would:\n\n(a) affect a person’s rights as at the registration day so as to disadvantage the person; or\n\n(b) impose liabilities on a person in respect of anything done or omitted to be done before the registration day.\n\n(4) In this section:\n\n> amending instrument means the MRCA and DRCA (Defence, Veterans’ and Families’ Acute Support Package) Amendment Instrument 2024.\n\n> registration day means the day the amending instrument is registered under section 15H of the Legislation Act 2003.\n\n> relevant period means the period beginning on 1 July 2023 and ending at the end of the registration day.\n\n> Notes\n\n> Note: This compilation comprises Safety, Rehabilitation and Compensation (Defence‑related Claims) (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022 amended as indicated in the following tables.\n\n> Note: > Note: Table of\n> \n> instruments\n\n| Name | Registration | Number | Commencement | Application, saving or transitional provisions |\n| --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------- | ----------- | ----------------------------- | ---------------------------------------------- |\n| Safety, Rehabilitation and Compensation (Defence‑related Claims) (Defence, Veterans’ and Families’ Acute Support Package) Instrument 2022) | 13 October 2022 | F2022L01343 | 14 October 2022 | – |\n| Safety, Rehabilitation and Compensation (Defence related Claims) (Defence, Veterans’ and Families’ Acute Support Package) Amendment (2023 Expansion of Acute Support Package) Instrument 2023 | 30 June 2023 | F2023L00935 | 1 July 2023 | |\n| MRCA and DRCA (Defence, Veterans’ and Families’ Acute Support Package) Amendment Instrument 2024 | 14 November 2024 | F2024L01420 | Sch 2: 15 November 2024 (s 2) | |\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

Part 1

s 2..................

rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]

s 4..................

rs F2023L00935

s 5..................

am F2023L00935

Part 2

Division 1

s 6..................

am F2023L00935; F2024L01420

Division 2

s 7..................

am F2023L00935; F2024L01420

s.8..................

am F2023L00935

Division 3

s 9..................

am F2023L00935; F2024L01420

s 10.................

am F2023L00935

Division 5

Division 5.............

ad F2024L01420

s 13.................

ad F2024L01420

\n```","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument’s scope was expanded by later amending instruments (noted in the compilation). Amendments in 2023 and 2024 altered eligibility and support‑plan inclusion criteria (see items amending s 6 and s 7) and changed provisions on financial caps and periods (see amendments to s 9 and ss 10–11). Section 13 implements a transitional rule applying certain 2024 amendments to determinations made in the \"relevant period\" (1 July 2023 to registration day) while protecting persons from being disadvantaged or having liabilities imposed arising from pre‑registration conduct."},"complexity_factors":["Multiple distinct eligibility categories with age, time‑since‑death and receipt/eligibility for Division 3 compensation conditions (see s 6(2)–(6))","High degree of MRCC discretion requiring satisfaction that a person is \"experiencing, or at risk of experiencing, crisis\" for grants, inclusions and variations (see ss 6, 7(3), 8)","Layered financial caps and time limits that differ by recipient class and interact with accumulation rules and separate carve‑outs (see s 9 and ss 10–11)","Separate additional limits for counselling and child‑related assistance that do not count toward main caps (see ss 10–11)","Provider‑eligibility constraints for childcare (cross‑referencing the A New Tax System (Family Assistance) (Administration) Act 1999 and NDIS registration) add administrative linkage and compliance burden (see s 7(5))","Revocation triggers tied to changes in compensation eligibility, non‑compliance with MRCC requests, and changing circumstances (see s 8(2)–(3))","Transitional / retrospective operation for certain 2024 amendments with a defined \"relevant period\" and protections against disadvantaging existing rights (see s 13)","Cross‑references to the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (the Act) and to Division 3 of Part II of that Act increase interpretive dependencies","Record‑keeping/payment arrangement requirements in the support plan increase operational workload for both MRCC and providers (see s 7(2)(d)–(e))"],"plain_english_summary":"This instrument lets the Military Rehabilitation and Compensation Commission (MRCC) grant a time‑limited package of practical help and services to certain defence employees, and to spouses, former spouses, related people and some parents of deceased employees who are facing, or at risk of, crisis. The MRCC must make a support plan specifying who gets help, what help, who provides it, payment arrangements and the period, subject to monetary caps, provider registration rules and revocation conditions."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2022 instrument has been significantly expanded through amendments in 2023 and 2024. The 2023 'Expansion of Acute Support Package' amendment (F2023L00935) broadened eligibility and support options. The 2024 amendment added Division 5 with retrospective operation provisions, indicating the scheme has grown beyond its initial parameters. The inclusion of former spouses, step-parents, and parents of spouses — plus the complex childcare supplement provisions — suggests the scheme has evolved from a narrow crisis intervention tool into a broader family support mechanism."},"complexity_factors":["Multiple overlapping eligibility categories with distinct criteria (5 separate subsections in section 6)","Complex temporal limitations: 2-year death windows, 12-month separation windows, varying plan durations (12, 24, 36, 48 months)","Nested monetary caps with accumulation rules and exceptions (sections 9-11 create a layered system of base limits + counselling + childcare supplements)","Cross-references to external legislation including the A New Tax System (Family Assistance) (Administration) Act 1999 and National Disability Insurance Scheme Act 2013 for childcare provider approval","Retrospective application provisions in Division 5 (section 13) dealing with transitional arrangements for amendments made in 2024","Conditional inclusion rules for support plans (section 7(3)) with 6 separate scenarios depending on who the primary recipient is","Defined terms rely on parent Act definitions ('related person' refers to subsection 4(1) of the Act)"],"plain_english_summary":"The bill establishes the Defence, Veterans' and Families' Acute Support Package: a MRCC‑administered scheme giving tailored, non‑cash practical assistance (counselling, childcare, household help, transport, skills and child support) to current and former ADF members and affected family members facing crisis. \n\nIt matters because it fast‑tracks coordinated, time‑limited supports to stabilise households after service‑related injury, death or acute distress, subject to eligibility checks and review."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-defence-veterans-and-families-acute-su/documents"}}