{"id":"F2019L01060","name":"Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019","slug":"safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99681,"registerId":"commonwealth-F2019L01060-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n> quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Forms of medical treatment","content":"#### 5 Forms of medical treatment\n\n (1) For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:\n (a) an occupational therapist;\n (b) an optometrist;\n (c) a podiatrist;\n (d) a psychologist;\n (e) a speech therapist or speech pathologist.\n (2) A person mentioned in any of paragraphs (1)(a) to (e) meets the requirements of this subsection if the person is:\n (a) registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or\n (b) if there is no such authority—a member of a relevant professional association.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Compensation","content":"## Part 2—Compensation","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Prescribed kinds of cancer","content":"#### 5A Prescribed kinds of cancer\n\n For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.\n\n```html\n

Prescribed kinds of cancer

Item

Disease

Qualifying period

1

Primary site lung cancer

15 years

2

Primary site skin cancer

15 years

3

Primary site cervical cancer

10 years

4

Primary site ovarian cancer

10 years

5

Primary site penile cancer

15 years

6

Primary site pancreatic cancer

10 years

7

Primary site thyroid cancer

10 years

8

Malignant mesothelioma

15 years

\n```","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed index—further annual increase in normal weekly earnings after cessation of employment","content":"#### 6 Prescribed index—further annual increase in normal weekly earnings after cessation of employment\n\n For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Manner of calculating further annual increase—indexation after cessation of employment","content":"#### 7 Manner of calculating further annual increase—indexation after cessation of employment\n\n For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.002.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed index—further annual increase in normal weekly earnings in certain other cases","content":"#### 8 Prescribed index—further annual increase in normal weekly earnings in certain other cases\n\n For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Manner of calculating further annual increase—indexation in certain other cases","content":"#### 9 Manner of calculating further annual increase—indexation in certain other cases\n\n For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.003.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Appropriate officer for giving notice of retirement of employee","content":"#### 10 Appropriate officer for giving notice of retirement of employee\n\n For the purposes of paragraph 114A(2)(b) of the Act, the Chief of the Defence Force is the appropriate officer in relation to a member of the Defence Force.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n> quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.\n\n#### 5 Forms of medical treatment\n\n (1) For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:\n (a) an occupational therapist;\n (b) an optometrist;\n (c) a podiatrist;\n (d) a psychologist;\n (e) a speech therapist or speech pathologist.\n (2) A person mentioned in any of paragraphs (1)(a) to (e) meets the requirements of this subsection if the person is:\n (a) registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or\n (b) if there is no such authority—a member of a relevant professional association.\n\n## Part 2—Compensation\n\n#### 5A Prescribed kinds of cancer\n\n For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.\n\n```html\n

Prescribed kinds of cancer

Item

Disease

Qualifying period

1

Primary site lung cancer

15 years

2

Primary site skin cancer

15 years

3

Primary site cervical cancer

10 years

4

Primary site ovarian cancer

10 years

5

Primary site penile cancer

15 years

6

Primary site pancreatic cancer

10 years

7

Primary site thyroid cancer

10 years

8

Malignant mesothelioma

15 years

\n```\n\n#### 6 Prescribed index—further annual increase in normal weekly earnings after cessation of employment\n\n For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 7 Manner of calculating further annual increase—indexation after cessation of employment\n\n For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.002.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n#### 8 Prescribed index—further annual increase in normal weekly earnings in certain other cases\n\n For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 9 Manner of calculating further annual increase—indexation in certain other cases\n\n For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.003.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n## Part 3—Miscellaneous\n\n#### 10 Appropriate officer for giving notice of retirement of employee\n\n For the purposes of paragraph 114A(2)(b) of the Act, the Chief of the Defence Force is the appropriate officer in relation to a member of the Defence Force.\n\n## Part 4—Application, saving and transitional provisions\n\n### Division 1—Repeals\n\n#### 11 Repeal of instrument taken to be made under the Act\n\n The Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the Act under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 is taken to be repealed.\n\n> Note: The Safety, Rehabilitation and Compensation Regulations 2002 was in force for the purposes of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 because of item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.\n\n### Division 2—Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023\n\n#### 12 Application\n\n Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.","sortOrder":13},{"sectionNumber":"Division 1","sectionType":"division","heading":"Repeals","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n> quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.\n\n#### 5 Forms of medical treatment\n\n (1) For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:\n (a) an occupational therapist;\n (b) an optometrist;\n (c) a podiatrist;\n (d) a psychologist;\n (e) a speech therapist or speech pathologist.\n (2) A person mentioned in any of paragraphs (1)(a) to (e) meets the requirements of this subsection if the person is:\n (a) registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or\n (b) if there is no such authority—a member of a relevant professional association.\n\n## Part 2—Compensation\n\n#### 5A Prescribed kinds of cancer\n\n For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.\n\n```html\n

Prescribed kinds of cancer

Item

Disease

Qualifying period

1

Primary site lung cancer

15 years

2

Primary site skin cancer

15 years

3

Primary site cervical cancer

10 years

4

Primary site ovarian cancer

10 years

5

Primary site penile cancer

15 years

6

Primary site pancreatic cancer

10 years

7

Primary site thyroid cancer

10 years

8

Malignant mesothelioma

15 years

\n```\n\n#### 6 Prescribed index—further annual increase in normal weekly earnings after cessation of employment\n\n For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 7 Manner of calculating further annual increase—indexation after cessation of employment\n\n For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.002.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n#### 8 Prescribed index—further annual increase in normal weekly earnings in certain other cases\n\n For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 9 Manner of calculating further annual increase—indexation in certain other cases\n\n For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.003.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n## Part 3—Miscellaneous\n\n#### 10 Appropriate officer for giving notice of retirement of employee\n\n For the purposes of paragraph 114A(2)(b) of the Act, the Chief of the Defence Force is the appropriate officer in relation to a member of the Defence Force.\n\n## Part 4—Application, saving and transitional provisions\n\n### Division 1—Repeals\n\n#### 11 Repeal of instrument taken to be made under the Act\n\n The Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the Act under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 is taken to be repealed.\n\n> Note: The Safety, Rehabilitation and Compensation Regulations 2002 was in force for the purposes of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 because of item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.\n\n### Division 2—Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023\n\n#### 12 Application\n\n Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Repeal of instrument taken to be made under the Act","content":"#### 11 Repeal of instrument taken to be made under the Act\n\n The Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the Act under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 is taken to be repealed.\n\n> Note: The Safety, Rehabilitation and Compensation Regulations 2002 was in force for the purposes of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 because of item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019.\n\n#### 3 Authority\n\n This instrument is made under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n#### 4 Definitions\n\n In this instrument:\n\n> Act means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988.\n\n> quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.\n\n#### 5 Forms of medical treatment\n\n (1) For the purposes of paragraph (i) of the definition of medical treatment in subsection 4(1) of the Act, therapeutic treatment by, or under the supervision of, any of the following persons who meet the requirements of subsection (2) of this section is prescribed:\n (a) an occupational therapist;\n (b) an optometrist;\n (c) a podiatrist;\n (d) a psychologist;\n (e) a speech therapist or speech pathologist.\n (2) A person mentioned in any of paragraphs (1)(a) to (e) meets the requirements of this subsection if the person is:\n (a) registered by a national registration authority (within the meaning of section 8 of the Healthcare Identifiers Act 2010); or\n (b) if there is no such authority—a member of a relevant professional association.\n\n## Part 2—Compensation\n\n#### 5A Prescribed kinds of cancer\n\n For the purposes of item 13 of the table in subsection 7(8) of the Act, a kind of cancer specified in an item of the following table, and the qualifying period specified in the item for that kind of cancer, are prescribed.\n\n```html\n

Prescribed kinds of cancer

Item

Disease

Qualifying period

1

Primary site lung cancer

15 years

2

Primary site skin cancer

15 years

3

Primary site cervical cancer

10 years

4

Primary site ovarian cancer

10 years

5

Primary site penile cancer

15 years

6

Primary site pancreatic cancer

10 years

7

Primary site thyroid cancer

10 years

8

Malignant mesothelioma

15 years

\n```\n\n#### 6 Prescribed index—further annual increase in normal weekly earnings after cessation of employment\n\n For the purposes of subsection 8(9B) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 7 Manner of calculating further annual increase—indexation after cessation of employment\n\n For the purposes of subsection 8(9D) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9B) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.002.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded up to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 6 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n#### 8 Prescribed index—further annual increase in normal weekly earnings in certain other cases\n\n For the purposes of subsection 8(9F) of the Act, the Wage Price Index (total hourly rates of pay excluding bonuses/all sectors/all Australia/original) published by the Australian Statistician is prescribed.\n\n#### 9 Manner of calculating further annual increase—indexation in certain other cases\n\n For the purposes of subsection 8(9G) of the Act, the further increase in normal weekly earnings referred to in subsection 8(9F) of the Act is to be calculated, to 3 decimal places and rounded up to 2 decimal places, in accordance with the following formula:\n ![Start formula open bracket F times WE close bracket minus WE end formula](image.003.png)\n where:\n\n> F is the greater of the following:\n\n (a) the number (worked out to 4 decimal places and rounded to 3 decimal places) obtained by dividing the index number by the previous index number;\n (b) 1.000.\n\n> index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the year immediately before the indexation date.\n\n> previous index number is the index number of the Wage Price Index mentioned in section 8 for the quarter that ended on 31 December in the previous year.\n\n> WE is the normal weekly earnings that applied immediately before the indexation date.\n\n> Note: Under this formula, there will be a further increase in normal weekly earnings only if F is greater than 1.000.\n\n## Part 3—Miscellaneous\n\n#### 10 Appropriate officer for giving notice of retirement of employee\n\n For the purposes of paragraph 114A(2)(b) of the Act, the Chief of the Defence Force is the appropriate officer in relation to a member of the Defence Force.\n\n## Part 4—Application, saving and transitional provisions\n\n### Division 1—Repeals\n\n#### 11 Repeal of instrument taken to be made under the Act\n\n The Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the Act under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017 is taken to be repealed.\n\n> Note: The Safety, Rehabilitation and Compensation Regulations 2002 was in force for the purposes of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 because of item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.\n\n### Division 2—Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023\n\n#### 12 Application\n\n Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Application","content":"#### 12 Application\n\n Section 5A, as inserted by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Amendment (Prescribed Cancers) Regulations 2023, applies in relation to a decision made under the Act (including a decision on reconsideration or review under Part VI of the Act), after the commencement of that instrument, in relation to a cancer mentioned in that section sustained by an employee on or after 4 July 2011.","sortOrder":17}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument replaces the 2002 regulations for the Act (s 11) and adds a new, specific schedule of prescribed cancers and qualifying periods (s 5A). It also prescribes the Wage Price Index and precise indexation calculation method (ss 6–9), designates the Chief of the Defence Force for a retirement‑notice role (s 10), and states that s 5A (as inserted by the 2023 amendment) applies to decisions made after commencement in respect of cancers sustained on or after 4 July 2011 (s 12). Collectively these provisions alter the regulatory details and temporal application of compensation eligibility under the Act."},"complexity_factors":["Multiple cross‑references to the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (eg. ss 4(1), 7(8), 8(9B), 8(9D), 8(9F), 8(9G)) increasing dependency on the Act for meaning","Technical indexation formula with specified decimal precision and differing rounding rules (ss 7 and 9) requiring numeric implementation","List of prescribed cancers with fixed qualifying periods (s 5A) that directly affect eligibility windows for claims","Registration requirement for listed therapeutic practitioners tied to external authorities or associations (s 5(2)) creating evidentiary/compliance checks","Designated administrative role (Chief of the Defence Force) for retirement notice (s 10) centralising an operational power","Repeal of earlier instrument and transitional/application provision that applies the new cancer list to decisions about cancers sustained on or after 4 July 2011 (ss 11–12) introducing temporal complexity"],"plain_english_summary":"This regulation prescribes rules for Defence‑related compensation claims: which therapeutic practitioners count as medical treatment, a list of specified cancers and their qualifying latency periods for claims, the wage index and exact formula used to annualy index weekly earnings after employment ends, and that the Chief of the Defence Force is the appropriate officer for retirement notices. It also repeals earlier 2002 regulations and makes the prescribed cancers provision apply to decisions about cancers sustained on or after 4 July 2011."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: providing operational details for the Defence-related Claims Act. The 2023 amendments added specific cancers and retrospective application, but this is a natural expansion within the existing compensation framework rather than a fundamental shift in scope. The regulations still deal with the same subject matter (defence compensation) and the same mechanisms (medical treatment, wage indexation, administrative procedures)."},"complexity_factors":["Mathematical formulas with specific rounding rules (to 3 decimal places, then rounded up to 2 decimal places) in sections 7 and 9","Cross-references to multiple sections of the parent Act (1988 Act) including subsections 4(1), 7(8), 8(9B), 8(9D), 8(9F), 8(9G), and 114A(2)(b)","Nested conditional logic in section 5(2) for health practitioner registration (national authority OR professional association fallback)","Retrospective application provisions in section 12 with multiple conditions (decisions made after commencement, cancers sustained on or after 4 July 2011)","Repeal provisions referencing complex legislative history (item 63 of Schedule 1 to the 2017 Amendment Act)","Table-based prescription of diseases with associated qualifying periods in section 5A"],"plain_english_summary":"This instrument sets detailed rules for compensation claims by current and former Australian Defence Force members: it recognises a wider set of allied health providers for treatment, lists eight cancers with 10–15 year qualifying periods under a prescribed‑disease route, fixes exact wage‑indexing formulas for payments, names the Chief of the Defence Force for retirement notices, repeals 2002 rules, and applies the cancer rules retrospectively to decisions after the 2023 amendments.\n\nIt affects ADF members, their families, and claims administrators by providing the technical framework that makes compensation entitlements clear and operational."}},"importantCases":[],"_links":{"self":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019","history":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019/history","analysis":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019/analysis","conflicts":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019/conflicts","importantCases":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019/important-cases","documents":"/api/acts/safety-rehabilitation-and-compensation-defence-related-claims-regulations-2019/documents"}}