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Military Rehabilitation and Compensation Act 2004
143Working out normal earnings
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143 Working out normal earnings
Subdivision C—Working out ADF earnings
144 Working out ADF earnings
145 Simplified outline of this Subdivision
146 Working out pre‑CFTS earnings
147 Working out pre‑CFTS pay
148 Definition of example period for former continuous full‑time Reservists
149 Working out reserve pay
150 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings
Division 5—Working out normal earnings and normal weekly hours for former part‑time Reservists who were engaged in civilian work
151 Simplified outline of this Division
Subdivision B—Working out normal earnings of former part‑time Reservists who were engaged in civilian work
152 Application of this Division to former part‑time Reservists who were engaged in civilian work
153 Working out normal earnings
154 Working out the ADF component of normal earnings
155 Definition of example period for ADF component of normal earnings
156 Working out the civilian component of normal earnings
157 Definition of example period for the civilian component of normal earnings
Subdivision E—Working out normal weekly hours
158 Working out normal weekly hours
Division 6—Working out normal earnings for former part‑time Reservists who were not engaged in civilian work
159 Simplified outline of this Division
160 Application of this Division to former part‑time Reservists who were not engaged in civilian work
161 Working out normal earnings
Division 7—Working out normal earnings for former part‑time Reservists who were previously Permanent Forces members
162 Simplified outline of this Division
163 Application of this Division to former part‑time Reservists who were previously Permanent Forces members
164 Working out normal earnings
Division 8—Working out normal earnings and normal weekly hours for former part‑time Reservists who were previously continuous full‑time Reservists
165 Simplified outline of this Division
Subdivision B—Working out normal earnings for former part‑time Reservists who were previously continuous full‑time Reservists
166 Application of this Division to former part‑time Reservists who were previously continuous full‑time Reservists
167 Working out normal earnings
168 Working out full‑time ADF earnings
169 Simplified outline of this Subdivision
170 Working out pre‑CFTS earnings
171 Working out pre‑CFTS pay
172 Definition of example period for the pre‑CFTS pay
173 Working out reserve pay
173A Example periods for those injured as continuous full‑time Reservists
174 Working out normal weekly hours for persons who have chosen pre‑CFTS earnings
Division 9—Working out normal and actual earnings and normal weekly hours for persons who were cadets or declared members
175 Regulations may prescribe methods for working out normal and actual earnings and normal weekly hours for cadets and declared members
Part 5—Adjusting the amount of compensation for incapacity for service or work
Division 1—Introduction
176 Simplified outline of this Part
177 Definitions of normal earnings and actual earnings
Division 2—General rules relating to normal and actual earnings etc.
178 Simplified outline of this Division
179 Normal earnings that are less than the minimum wage
180 Amounts that are excluded when working out normal and actual earnings
181 Matters to be considered in determining actual earnings
182 Indexation of pre‑CFTS pay and civilian daily earnings
183 Indexation of $100 in ADF pay
Division 3—Adjusting ADF pay and pay‑related allowances
184 Simplified outline of this Division
185 Increases in pay and allowances
186 Increases in pay and allowances due to actual promotions
187 Commission must determine category of defence work when defence work abolished
188 Commission may determine pay‑related allowances when defence work abolished
189 Amount of pay and allowances for those undergoing initial training
190 No other adjustments to be taken into account
Division 4—Adjusting other pay
191 Simplified outline of this Division
192 Definitions of civilian daily earnings, example period and pre‑CFTS pay
193 Variations during the example period
194 Civilian daily earnings or pre‑CFTS pay if working them out is impracticable
Division 5—Working out compensation for parts of weeks
195 Simplified outline of this Division
196 Working out compensation for parts of weeks
Part 6—Choice to receive a Special Rate Disability Pension
197 Simplified outline of this Part
198 What is a Special Rate Disability Pension?
199 Persons who are eligible to make a choice under this Part
200 Choice to receive Special Rate Disability Pension
201 When the choice is to be made
202 Other requirements for the choice
203 Determinations by Commission
204 Offsets
204A Overpayment if payment of lump sum under section 138
205 Compensation for cost of financial advice and legal advice
206 Amount of financial advice and legal advice compensation
207 Whom the compensation is payable to
208 Persons who are imprisoned
209 Ceasing to meet certain criteria
209A Energy supplement for Special Rate Disability Pension
210 Return to work scheme
Part 7—Other types of compensation for members and former members
211 Simplified outline of this Part
Division 2—Motor Vehicle Compensation Scheme
212 Motor Vehicle Compensation Scheme
Division 3—Compensation for household and attendant care services
213 Definitions
214 Compensation for household services
215 Matters to be considered in household services compensation claims
216 Amount of household compensation
217 Compensation for attendant care services
218 Matters to be considered in attendant care compensation claims
219 Amount of compensation for attendant care services
220 Whom household and attendant care compensation is payable to
Division 4—MRCA supplement for members and former members
221 Eligibility for MRCA supplement
222 MRCA supplement not payable in some circumstances
223 Rate of MRCA supplement
224 Payment of MRCA supplement
Division 5—Compensation for loss of, or damage to, medical aids
226 Compensation for loss of, or damage to, medical aids
227 Exclusions relating to serious defaults etc.
228 Exclusions relating to travel
229 Amount of medical aid compensation
230 Whom medical aid compensation is payable to
Chapter 5—Compensation for dependants of certain deceased members, members and former members
231 Simplified outline of this Chapter
Part 2—Compensation for member’s death for wholly dependent partners
232 Simplified outline of this Part
Division 2—Compensation for member’s death for wholly dependent partners
233 Compensation for member’s death for wholly dependent partners
234 Amount of compensation for wholly dependent partners
235 Notifying the partner
236 Choice to take lump sum
238 Whom the compensation is payable to
238A Energy supplement for compensation for wholly dependent partners of deceased members
Division 3—Compensation for cost of financial advice and legal advice for wholly dependent partners
239 Compensation for cost of financial advice and legal advice
240 Amount of financial advice and legal advice compensation
241 Whom the compensation is payable to
Division 4—Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
242 Continuing permanent impairment and incapacity etc. compensation for wholly dependent partners
243 Amount of permanent impairment and incapacity etc. compensation
244 Whom permanent impairment and incapacity etc. compensation is payable to
Division 5—MRCA supplement for wholly dependent partners
245 Eligibility for MRCA supplement
246 MRCA supplement not payable in some circumstances
247 Rate of MRCA supplement
248 Payment of MRCA supplement
Part 3—Compensation for eligible young persons dependent on certain deceased members, members or former members
250 Simplified outline of this Part
Division 2—Lump sum compensation for member’s death for certain eligible young persons
251 Lump sum compensation for member’s death for certain eligible young persons
252 Amount of compensation for dependent eligible young persons
Division 3—Weekly compensation for certain eligible young persons
253 Weekly compensation for certain eligible young persons
254 Amount of weekly compensation
Division 4—Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
255 Continuing permanent impairment and incapacity etc. compensation for certain eligible young persons
256 Amount of permanent impairment and incapacity etc. compensation
Division 5—Whom compensation under Divisions 2 to 4 is payable to
257 Whom the compensation is payable to
Division 6—Education scheme for certain eligible young persons dependent on members, former members and deceased members
258 Education scheme for certain eligible young persons
259 Completing courses begun before turning 25 years old
Division 7—Exclusion of Part for wholly dependent partners
260 Exclusion of Part for wholly dependent partners
Part 4—Compensation for dependants other than wholly dependent partners and eligible young persons
261 Simplified outline of this Part
262 Compensation for dependants other than wholly dependent partners and eligible young persons
263 Amount of compensation for other dependants
264 Whom the compensation is payable to
Part 5—Compensation for funeral expenses
265 Simplified outline of this Part
266 Compensation for cost of funeral
267 Amount of funeral compensation
268 Whom funeral compensation is payable to
Chapter 5A—Acute and employment support
Part 1—Acute support
268A Simplified outline of this Part
268B Acute support package
Part 2—Employment support to former members
268C Simplified outline of this Part
268D Employment support to former members
Chapter 6—Treatment for injuries and diseases
269 Simplified outline of this Chapter
Part 3—Entitlement to provision of treatment
278 Simplified outline of this Part
Division 2—Treatment for some members and former members
279 Treatment for members entitled to treatment under Defence regulations
280 Treatment for service injuries and diseases of former members and part‑time Reservists etc.
280A Treatment for certain injuries covered by the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988
281 Treatment for persons with 60 impairment points
282 Treatment for persons who are eligible for a Special Rate Disability Pension
283 No treatment for aggravated injury or disease if aggravation ceases
Division 3—Treatment for certain dependants of deceased members
284 Treatment for certain wholly dependent partners and eligible young persons
Division 4—Administration of the provision of treatment
285 Treatment at hospitals and other institutions etc.
286 Determination for providing treatment or pharmaceutical benefits
287 Provision of treatment
287A Provision of services under the Coordinated Veterans’ Care mental health pilot
Part 4—Other compensation relating to treatment
288 Simplified outline of this Part
Division 1A—Compensation for treatment obtained in special circumstances
288A Compensation for those entitled to treatment under Part 3
288B Compensation for treatment prior to a service death
288C Compensation in other special circumstances
288D Relationship of this Part with other compensation provisions
288E No compensation if aggravated injury or disease ceases to be aggravated etc.
288F Amount of treatment compensation
288G Whom treatment compensation is payable to
Division 2—Compensation for patients’ and attendants’ journey and accommodation costs
289 Definition of compensable treatment
290 Compensation for journey costs relating to treatment
291 Compensation for accommodation relating to treatment
292 No compensation for journeys or accommodation outside Australia
293 Amount of compensation for journeys
294 Amount of compensation for accommodation
295 Matters to be considered in journey and accommodation compensation claims
296 Whom compensation is payable to
Division 3—Compensation for transportation costs
297 Compensation for other person’s transportation costs
298 Amount of transportation costs
299 Whom compensation is payable to
Division 4—MRCA supplement for members, former members and dependants
300 Eligibility for MRCA supplement
301 MRCA supplement not payable in some circumstances
302 Rate of MRCA supplement
303 Payment of MRCA supplement
Part 5—Offences relating to treatment under this Chapter
304 Simplified outline of this Part
305 Definitions
306 Offence for false or misleading statements or documents relating to treatment
307 Offence for medical service providers causing detriment to others
308 Offence for medical service providers threatening detriment
309 Offence for bribery by medical service providers
310 Offence for practitioners receiving bribes etc.
311 Offence for pathology practitioners making payments to requesting practitioners
312 Offence for pathology practitioners providing pathology services to persons with whom they have arrangements
313 Offence for providing staff to be used in pathology services
314 Counselling statements inadmissible as evidence
315 Recovery of amounts paid because of false or misleading statements
316 Interest payable on amounts paid because of false or misleading statements
317 Reduction in payments because of previous overpayments
Chapter 7—Claims
Part 1—Making a claim
318 Simplified outline of this Part
Division 2—Making a claim
319 Making a claim
320 Who may make a claim
321 Survival of claims and of right to claim
322 No new claim before earlier claim finally determined
323 Giving claims and documents to the Commission
Division 3—What happens after a claim is made
Subdivision A—Investigation of claims