Guide to Determining Impairment and Compensation 2016
Instrument 2016 No. MRCC37
made under subsection 67(1) of the
Military Rehabilitation and Compensation Act 2004
Compilation No. 2
Compilation date: 4 March 2025
Includes amendments: F2025L00271
This compilation is in 2 volumes
Volume 1: sections 1–7
Schedule
Volume 2: The Guide
Endnotes
About this compilation
This compilation
This is a compilation of the Guide to Determining Impairment and Compensation 2016 that shows the text of the law as amended and in force on 4 March 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.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 Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If 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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If 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 Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Name
This instrument is the Guide to Determining Impairment and Compensation 2016.
Short Title
The short title for this instrument is GARP M.
Transitional
A process (e.g. an assessment) commenced under the Guide to Determining Impairment and Compensation (Instrument 2015 No. MRCC4) and not finalised before the commencement of this instrument may be completed under this instrument as if the process had been commenced under this instrument.
5. Guide determination
For the purposes of section 67 of the Military Rehabilitation and Compensation Act 2004, it is determined by the Military Rehabilitation and Compensation Commission that the following Guide to Impairment and Compensation applies as the guide for the determination of the degree of impairment and lifestyle ratings when determining the compensation payable to a person under the Military Rehabilitation and Compensation Act 2004.
6. Power under C&T Act
(1) Subsection 13(4) of the C&T Act provides that the MRCC may include in the guide under section 67 of the MRCA one or more methods of working out the amount of compensation a person is entitled to under Part 2 of Chapter 4 of the MRCA for a service injury or disease where a person also has:
(a) a separate war-caused or defence-caused injury or disease (within the meaning of the VEA); or
(b) a separate injury or disease (within the meaning of the SRCA).
(2) A method may (but does not have to) include a method of offsetting payments made to the person under the VEA or SRCA in respect of the old injury or disease.
(3) In this section:
C&T Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
MRCA means the Military Rehabilitation and Compensation Act 2004.
MRCC means the Military Rehabilitation and Compensation Commission.
SRCA means the Safety, Rehabilitation and Compensation Act 1988.
VEA means the Veterans’ Entitlements Act 1986.
7. Application provisions
The application provisions in the Schedule have effect.
Schedule
Application provisions
(a) In this Schedule:
Commencement day means the day on which GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced.
Note: GARP M (Transitional Impairment Methodology and Interim Permanent Impairment Lifestyle Methodology) Amendment Determination 2013 commenced on 1 July 2013.
Commission means the Military Rehabilitation and Compensation Commission.
permanent impairment, in relation to a person, means the person’s impairment for which compensation is payable under Chapter 4 of Part 2 of the Military Rehabilitation and Compensation Act 2004 (MRCA).
(b) Subject to paragraphs (c) and (d), the provisions of Chapter 25 of GARP M (as in force on the commencement day) are taken to apply to all claims to which section 13 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 applies on and from 1 July 2004.
(c) Subject to paragraph (e), if,
(i) a person is a person whose permanent impairment was calculated under Chapter 25 as it applied prior to the commencement day (pre-existing methodology); and
(ii) on or after the commencement day, the application of the methodology in Chapter 25 of GARP M as in force on the commencement day (new methodology) would result in a lower amount of compensation for that person for the same condition and level of impairment that applied on the day that the last determination was made before 1 July 2013:
then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.
(d) Subject to paragraph (e), if,
(i) a person has made a claim in respect of a permanent impairment before 1 July 2013; and
(ii) the claim has not been determined before 1 July 2013;
then, the methodology that is to apply to that person in relation to that condition and impairment on and after the commencement day is the pre-existing methodology.
(e) For a person to whom paragraph (c) or (d) applies, the pre-existing methodology is to apply until a determination of the amount of compensation payable for a person’s permanent impairment using the new methodology results in a change in the amount of compensation payable.
(f) Despite section 3, this instrument is taken not to apply retrospectively to 2 July 2015 in respect of a claim lodged by a person on or after that date and before the registration of this instrument, to the extent that the application of the new methodology would result in a lower amount of compensation for that person in respect of that claim than the person would have received if the pre-existing methodology had been applied to determine the person’s permanent impairment for that claim.
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