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Military Rehabilitation and Compensation Act 2004
269Simplified outline of this Chapter
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269 Simplified outline of this Chapter
This Chapter deals with the provision of treatment for injuries and diseases for certain current and former members and dependants of deceased members.
Part 3 deals with a person’s entitlement to treatment. Some people are entitled to treatment for a service injury or disease, while other people are entitled to treatment for any injury or disease.
Part 4 deals with compensation and MRCA supplement. A person may be compensated for the cost of treatment in special circumstances, such as treatment reasonably obtained before the Commission determines that the person is entitled to treatment under Part 3. Compensation for costs incurred in travelling to obtain treatment is also provided for. Part 4 also provides for MRCA supplement for those who are entitled to treatment under Part 3.
Generally, a claim for compensation must be made under section 319 to be entitled to treatment or compensation under this Chapter.
Part 5 contains offence provisions relating to treatment compensated or provided for under this Chapter. The offences relate to conduct by those claiming compensation or treatment under this Chapter, as well as conduct by practitioners and providers of pathology services.
Part 3—Entitlement to provision of treatment
278 Simplified outline of this Part
This Part provides for treatment to be provided for the injuries and diseases of certain current and former members and dependants of deceased members.
Current and former members might be entitled to treatment for a service injury or disease rather than treatment under regulations made under the Defence Act 1903.
Current and former members who have suffered a serious impairment from a service injury or disease are entitled to treatment for any injury or disease.
Some partners and young dependants (such as children) of deceased members in respect of whom section 12 applies are also entitled to treatment for any injury or disease.
Generally, a claim for compensation in respect of the person must be made under section 319 to be entitled to the treatment.
Treatment might not be provided for an aggravated injury or disease if the aggravation or material contribution ceases.
Former members might be entitled to treatment for an injury or disease under this Part rather than receiving compensation for medical expenses under the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988. The Commission accepts liability for such an injury or disease under that Act and not this Act.
The Commission can arrange for treatment under this Part in accordance with arrangements it has with hospitals and doctors etc. or in accordance with a determination it makes under Division 4 of this Part.
A person who is entitled to treatment under this Part might also be entitled under Part 4 to compensation for the cost of treatment reasonably obtained before the Commission determines that the person is so entitled and for costs incurred in travelling to obtain the treatment. MRCA supplement is also payable under Part 4 for those who are entitled to treatment under this Part.
Division 2—Treatment for some members and former members