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Military Rehabilitation and Compensation Act 2004
386Simplified outline of this Chapter
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386 Simplified outline of this Chapter
This Chapter deals with the situation where a person who is entitled to compensation under this Act for an injury, disease, death or loss (the compensable loss) has, or may have, a right to recover damages apart from this Act for the compensable loss.
Part 2 prohibits actions against the Commonwealth for the compensable loss. However, it allows the person a choice to take action against the Commonwealth to recover limited damages for non‑economic loss.
Part 3 deals with payment or recovery of compensation under this Act if damages are recovered from a third party. It also allows the Commission to make or take over claims in certain cases.
387 Interpretation
potentially liable member, in relation to an action or other proceeding, means a person who was, when the cause of action arose, acting in the capacity of a member.
(2) Unless the contrary intention appears, a reference in this Chapter to a person is, if the person has died, a reference to his or her legal personal representative.
Part 2—Liability of the Commonwealth to other actions