2Short Title

2 Short Title

The short title for the Guide to Determining Impairment and Compensation is GARP M.

3 Commencement

3 Commencement

This instrument commences on the day after it is registered.

4 Authority

4 Authority

This instrument is made under the Military Rehabilitation and Compensation Act 2004.

Definitions

(1) In this instrument:

C&T Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

GARP V means the Guide to the Assessment of Rates of Veterans’ Pensions in force from time to time under section 29 of the VEA.

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.

Guide determination

(2) For the purposes of section 67 of the MRCA, it is determined by the Military Rehabilitation and Compensation Commission that the following Guide to Impairment and Compensation (the Guide) (comprising pages i to iv for the Introduction and pages 1 to 232 for the remainder of the Guide) 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 MRCA.

Power under C&T Act

(3) 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 injury or war-caused disease or defence-caused injury or defence-caused disease (within the meaning of the VEA); or

(b) a separate injury or disease (within the meaning of the SRCA).

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.

GUIDE TO DETERMINING IMPAIRMENT AND COMPENSATION (GARP M)

INTRODUCTION

Purpose

This Guide is to be applied to assess the degree of impairment from service injury or disease. Its provisions are binding on the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board, and the Administrative Appeals Tribunal.

Legal background

The Military Rehabilitation and Compensation Act 2004 provides for periodic payments to be made to members for impairment resulting from service injuries or diseases as defined in section 5 of the Act.