359DStaff

359D Staff 359DA Delegation by Principal Member 359DB Annual report 359DC Oath or affirmation of office 359DD Instruments that are not legislative instruments Chapter 9—The Military Rehabilitation and Compensation Commission 360 Simplified outline of this Chapter Part 2—Establishment of the Commission 361 Establishment Part 3—Functions 362 Functions Part 4—Constitution of the Commission 363 Constitution Part 5—Membership 364 Membership 365 Appointment of Commission members 366 Acting appointments for members described in subparagraph 364(1)(b)(i) 367 Acting appointment for the members described in subparagraph 364(1)(b)(ii) or (iii) 369 Remuneration and allowances 370 Commission members may be granted leave of absence 371 Resignation of appointed Commission members 372 Termination of appointment of appointed Commission members Part 6—Meetings and resolutions 373 Convening meetings 374 Presiding at meetings 375 Quorum 376 Voting at meetings 377 Commission resolutions without meetings 378 Conduct of meetings 379 Commission member to disclose any interest in claims etc. 380 Minister may direct Commission member not to take part in consideration or review Part 7—Other matters 382 Staff 383 Consultants 384 Delegation 385 Annual report Chapter 10—Liabilities arising apart from this Act etc. 386 Simplified outline of this Chapter 387 Interpretation Part 2—Liability of the Commonwealth to other actions 388 Action for damages not to lie against Commonwealth etc. in certain cases 389 Choice to institute action for damages against the Commonwealth etc. for non‑economic loss 390 Notice of common law claims against the Commonwealth etc. Part 3—Liability of third parties Division 1—Notice of common law claims against third parties 391 Notice of common law claims against third parties Division 2—Commission may institute proceedings or take over claims against third parties 392 Application of this Division to common law claims against third parties 393 Commission may make the claim or take over the claim 394 Commonwealth liable to pay costs of claim 395 Commission may conclude claim 396 Plaintiff must sign documents as required 397 Plaintiff must do as the Commission requires 398 What happens when damages are awarded Division 3—Effect of recovering damages on entitlements under this Act 399 When Division applies 400 Notifying damages 401 Repaying compensation paid under this Act after damages recovered 402 No compensation under this Act after damages recovered Division 4—Payment of damages by persons to the Commonwealth 403 Payment of damages by persons to the Commonwealth Chapter 11—Miscellaneous Part 1—Indexation 404 Indexation of amounts Part 2—Obtaining and giving information etc. 405 Power to obtain information 406 Commission may obtain information etc. 407 Self‑incrimination 408 Offence for selling etc. goods provided under this Act without consent 408A Manner of giving notice or other document 409 Giving information 410 Judicial notice to be taken of certain matters 411 Evidence 412 Providing tax file numbers 413 How to satisfy the request under section 412 414 Compensation when request is not satisfied initially Part 3—Recovering overpayments Division 1—Recovery generally 415 Recovery of overpayments Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit 416 Notice to Commission of retirement of person 417 Application of section 418 418 Commission may give a notice to the administrator of the scheme 419 Commission to give notice to incapacitated person 420 What happens if the incapacitated person has not received any Commonwealth superannuation benefit in respect of his or her cessation of employment 421 Administrator must pay the amount of overpayment to the Commonwealth 422 Compliance by the administrator Part 4—Appropriation 423 Appropriation Part 5—Special assistance 424 Special assistance Part 5A—Clean energy payments Division 6—Multiple entitlement exclusions 424L Multiple entitlement exclusions Part 6—General 425 Assignment, set‑off or attachment of compensation 426 Payments to Commissioner of Taxation 427 Jurisdiction of courts with respect to extraterritorial offences 428 Commission may write off a debt 429 Commission may waive a debt 430 Payment into bank account etc. 430A Use and disclosure of account details 431 Payments at person’s request 432 Trustees for persons entitled to compensation 433 Powers of the trustee generally 434 Powers of Commonwealth etc. trustee to invest trust funds 435 Powers of investment for non‑Commonwealth trustee 436 Provisions applicable on death of person 437 Amounts of compensation 437A Delegation by Minister 438 Delegation by Chief of the Defence Force Part 7—Regulations 439 Regulations may modify effect of Chapter 2 and Parts 3 and 4 of Chapter 4 440 Regulations Endnotes   An Act to provide rehabilitation, compensation and other entitlements for veterans, members and former members of the Defence Force, and for other purposes